The Ohio Supreme Court took a bite out of Kelo in a decision today that will restrict the use of eminent domain for development purposes in the state of Ohio. In an unanimous decision, the Ohio Supreme Court ruled today that economic development may not be the sole reason for the government to seize private property for eminent domain purposes.
In addition to the court's finding that economic development by itself is not a public use that justifies the government to use its eminent domain powers, the court also determined that Ohio courts must apply "heightened scrutiny" when reviewing eminent domain statutes. The unanimous opinion continued to find that the use of the "deteriorating area" standard is unconstitutional "because the term inherently incorporates speculation as to the future condition of the property...rather than the condition of the property at the time of the taking."
(Source: NFIB)
