From Susan Kniep, President
The Federation of Connecticut Taxpayer Organizations, Inc.
Website: http://ctact.org/
email: fctopresident@aol.com
860-841-8032
September 12, 2006
NEWS ALERT – EMINENT DOMAIN VICTORY
From the Institute for Justice re Eminent Domain, Arlington, VA 22203
(703) 682-9320, www.ij.org , www.castlecoalition.org
Ohio
Supreme Court Rules Unanimously To Protect Property
From Eminent Domain Abuse - Legislation Still Needed To Stop
Rampant Abuse of Eminent Domain in Ohio, July 26, 2006
Arlington, Va. - Today, in an historic ruling, the Ohio
Supreme Court unanimously held that the City of Norwood could not use eminent
domain to take Carl and Joy Gamble’s home of 35 years, as well as the rental
home of Joe Horney and tutoring center owned by Matthew Burton and Sanae Ichikawa Burton, for private
development-specifically, a complex of chain stores, condominiums and office
space planned by millionaire developer Jeffrey Anderson and his Rookwood Partners.
In a unanimous and lengthy decision, the Court laid out a
series of important legal opinions. The Ohio
Supreme Court explicitly rejected the U.S. Supreme Court’s infamous Kelo decision of June 2005, in which that Court held that
local governments can take property from one person and transfer it to another
because the new owner might produce more taxes or more jobs than the current
one-so-called “economic development.” Second, the Ohio
Supreme Court ruled that state courts must apply “heightened scrutiny” to uses
of eminent domain, especially when the property is being taken for use by
another private party; according to the Court, lower Ohio courts should not simply rubber-stamp
decisions by local government to take property. Next, the Court held that
statutes authorizing the taking of property cannot be vague. The
“deteriorating” standard used by Norwood
“is a standardless standard,” and the Court rejected
it. Finally, the Court struck down Ohio’s statute that allowed property
to be taken even before an appeals court ruled that the taking was legal.`` “This decision is a complete and total victory for
Carl and Joy Gamble, Joe Horney, the Burtons and every home and business owner
in the State of Ohio,” said Institute for Justice Senior Attorney Dana Berliner,
who argued the case before the Ohio Supreme Court. “The Court stopped the
abuse of eminent domain by Norwood and told Ohio courts that it is
their job to enforce the Constitution and make sure that eminent domain really
is for public use. Ohio has a terrible history of its cities abusing
eminent domain for private development, and that abuse
would have increased exponentially if the Court had ruled in favor of Norwood.”
“This decision will set an example for the entire country,”
explained Scott Bullock, an IJ senior attorney. “Other states will look
to Ohio’s
well-reasoned opinion in setting their own constitutional standards. The
decision also will affect future legislation in Ohio. The Court has just told the
Legislature that it cannot use the kinds of vague and standardless
definitions that are so common under current Ohio law. Today’s decision starts the
reform of Ohio’s
terrible eminent domain laws, but it is up to the Legislature to complete the
task.” “Our home is ours again!”
exclaimed Joy Gamble. “The Ohio
Supreme Court has stopped this piracy. Now all Ohioans are safe from the
scourge of eminent domain for private profit.”
“The Ohio
Supreme Court finally made us Americans again,” Carl Gamble added. “We
haven’t had the heart or the will to see our home of more than 35 years since
the City and the developer forced us out and fenced it off, but I’m sure we’ll
be taking a ride back up there today. This is just terrific!”
Joy continued, “Our state Supreme Court did what the U.S. Supreme Court did not do; it
protected our home. The Ohio
Supreme Court protected small property owners from the overpowering and
overbearing city governments and the greedy developers.”
Joy added, “We stuck this fight out, but this victory would
not have been possible without the Institute for Justice. We can’t thank
them enough for winning us back our home and our rights.” For the time being, Carl and Joy will remain
in their newly rented apartment in Kentucky,
on which they have a lease for the next six months. Joy concluded, “We’re
just going to let this decision settle in. But finally, our nightmare is
over.” “The Gambles deserved to win
today and to get back what’s rightfully theirs-their home,” said Bert Gall,
staff attorney at the Institute for Justice. “They’ve won this battle not
just for themselves, but for every single person who owns a home or business in
Ohio.
They and all our clients are true American heroes.” “Almost one year after the U.S. Supreme
Court’s universally despised Kelo decision, the
battle between ordinary Americans and the abusers of eminent domain-tax-hungry
officials and land-hungry developers-continues,” said Chip Mellor, president
and general counsel of the Institute. “Today’s decision by the Court
marks an historic victory for home and business owners across the
country. But this fight has to continue. The Institute for Justice
and our Castle Coalition are dedicated to making sure that owners throughout
the country are protected from eminent abuse.”
The Kelo case has touched off a revolution not
only in state supreme courts, like Ohio’s,
but in state legislatures throughout the country. Thus far, 30 state
legislatures have passed laws giving greater protections for home and small
business owners.
Other news
story on this subject: http://www.sconet.state.oh.us/Communications_office/summaries/2006/0726/050227.asp
Eminent
domain
Arkansas Times - Little Rock,AR,USA
An Ohio
Supreme Court decision shows clearly how state constitutions can bar the taking
of private property for private projects. ...
Justices block eminent domain
Chicago
Tribune - United States
... Norwood wanted to use its
power of eminent domain, the authority to buy and take
private property for public projects, to seize properties. ...
See all
stories on this topic
Homeowners win eminent domain fight in Norwood
Bizjournals.com
- Charlotte,NC,USA
... won a major
victory Wednesday, when the Ohio
Supreme Court overruled an appellate court and declared that a portion of the
state's eminent domain statute is ...
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Coalition Lobbies for Eminent Domain Restrictions
The Heartland Institute - Chicago,IL,USA
Frustrated by slow progress in the US Senate on eminent domain
reform, 53 national and state organizations have banded together to pressure
the Senate to ...
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Editorial from Norwich
Bulletin:
Our view: Eminent domain inappropriate for private gain. http://www.norwichbulletin.com/apps/pbcs.dll/article?AID=/20060726/OPINION01/607260343/1014/OPINION
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Connecticut Legislature - Eminent Domain
(New Reports Added 7/11/06) Click
Report Number to view in entirety