(For more background on this issue, read these posts that I wrote last year concerning eminent domain.)
In the arena of eminient domain abuse, 2005 was a low point. The Supreme Court, in the decision of Kelo v. New London basically decided that the right of eminient domain given to governments in the Constitution is almost endlessly vast. Under this decision, it looked as if the rights of property owners would be under increasing attack by governments and other bodies that sought to "condemn" their land and use it for their own purposes.
A recent decision by the Ohio Supreme Court shows that this may not be the case. In the case of Norwood v. Horney, the Ohio Supreme court sided with local homeowners against the village of Norwood (in suburban Cincinnati) and land developers in saying that their projects were not valid reasons for the seizure of property.
Read more about the decision here and here.
More encouraging even than the decision itself is the fact that the high court of Ohio declared a large portion of Ohio's eminent domain law unconstitutional, stating that it gave governmental officials too much power over private property (you can read about this at the first "here" link above which takes you to the summary of the decision).
In a time when it seems that individual rights are on the run and government for the people and by consent are quaint notions from the past, it is enheartening to learn of people taking their government to task for violating their rights.
Let this be a lesson to us all.
"Check the Box Sunday"
3 months ago