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Eminent Domain Date Of Valuation In Ohio, John Lombardo
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Cleveland State Law Review
This article is devoted to analyzing the interpretations and applications that Ohio courts have given to the mandate of "just compensation." Particular emphasis will be given to the date of valuation of this "just compensation," and the relevance of a change in market value of the property to be taken due to activity or delay of the appropriating authority in the area of the taking prior to the date of taking.
Depreciation Damages In Eminent Domain Proceedings, Kevin Duffy
Depreciation Damages In Eminent Domain Proceedings, Kevin Duffy
Cleveland State Law Review
The individual's right in eminent domain proceedings are spelled out by the United States Constitution-specifically, Amendment V, which provides that private property shall not be taken for public use without just compensation. Of course, the seeming simplicity of this constitutional provision belies the complexities involved in its application. For example, it is well settled that "just compensation" for a given piece of property must be measured interms of the fair market value of that property. But market values of real estate are apt to fluctuate even under normal conditions, and their behavior when a public acquisition is in the offing …
Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach
Just Compensation For Real Estate Condemnation, Thomas L. Dettelbach
Cleveland State Law Review
The purpose of the requirement of just compensation contained in the United States Constitution, where private property is taken for public use, is to place the financial losses caused through public improvements on the public rather than entirely upon those who happen to lie in the path of the project. Since the nation is proliferating with everexpanding highways and urban renewal programs, and these programs involve the exercise of the power eminent domain, controversies related to fair value for property taken are numerous. Relatively few cases in modern times reach the Supreme Court, but through previous decisions, affirmed or cited …