Score one for Homeowners...
COLUMBUS — Economic development alone cannot justify the bulldozing of private homes, the Ohio Supreme Court unanimously ruled this morning in a nationally watched case.
While a landmark U.S. Supreme Court ruling found last year that government’s taking of non-blighted properties for private development does not violate the U.S. Constitution, it does violate Ohio’s, said the state’s high court.
It struck down as unconstitutional a portion of the state’s eminent domain law and criticized the Hamilton County city of Norwood’s vague description of the targeted community as “deteriorating” to justify tearing down structurally sound homes to make way for a more lucrative apartment, retail, and office complex.
“...the buildings in the neighborhood were generally in good condition and the owners were not property-tax delinquent,” wrote Justice Maureen O’Connor. “There is no suggestion that the area was vermin-infested, was subject to high crime rates or outbreaks of disease, or otherwise posed an impermissible risk to the larger community.”
Read the full decision here
The sad part is while the three homes can stay what is left of their neighborhood is gone forever. Link to picture of what the area looks like today. However maybe this ruling will help other neighborhoods prevent having their homes taken without just cause...
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5 comments:
More backround type information is here
I guess it doesn't surprise me that some of those who sold were not happy with those that didn't want their homes taken. For some it's not always about the money for others? It is.
Bravo for the court.
I applaud the Supreme Court for making a correct decision, and for interpreting the issue much better than the U.S. Supreme Court ever should. Ever read some U.S.S.C. decisions on Eminent Domain? I wonder if the Justices even know what they're saying
Mark, I have read some of the opinions being a research type devotee I always want to find out more about the actual case rather than just rely on what the media reports.
Especially since I'm not a lawyer at times it is very confusing to figure out how a past case is being used to either be for or against a current case. I am very glad that the Ohio Supreme Court took this decision very seriously and realized that because of the Kelo decision it is something that needs to be looked at.
I wasn't happy to discover that the government of Ohio is trying to change the law to make some of this no longer unconstitutional. I hope that doesn't pass as I do firmly believe people should not have their homes taken away as those who lived in Norwood did by the government for someone else to profit from.
The three families that stuck it out to the end may have won but in the end they lost. They probably will not be able to return to their homes and the neighborhood that made their homes what it was has all been destroyed. A rather Pyrrhic victory in the end...
Pyrrhic indeed...
How does one savor winning the battle, while realizing that the war has been lost?
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