Recently, State Issue 1 was passed by a majority of voters in the State of Ohio. State Issue 1 proposed an amendment to the Ohio Constitution, and authorizes over $2 billion in bonds for public works and research. You can download the text of the Constitutional Amendment here. A story discussing the practical effect of State Issue 1 can be read here.
An interesting aspect of State Issue 1 that has not received much attention involves its provision discussing eminent domain. Section 3(F) of the Constitutional Amendment provides, in relevant part, that: “This section shall otherwise be implemented in the manner and to the extent provided by law by the General Assembly, including . . . provision for restricting or limiting the taking of private property under Section 19, Article I for disposition to private sector entities for the purposes of division (A)(2) and (3) of this section or restricting the disposition of that property to private sector entities or individuals . . .” Divisions (A)(2) and (3) of the Constitutional Amendment sets forth as proper development purposes “research and development in support of Ohio industry, commerce and business” and “development of sites and facilities in Ohio for and in support of industry, commerce, distribution, and research and development purposes.”
So how does one read this provision? At first glance one may say there is a bit of an ambiguity here. Does this provision permit the taking of private property through eminent domain for economic development so long as the taking is either for (1) research or development in support of Ohio industry, commerce and business or (2) the development of sites and facilities in Ohio for and in support of industry, commerce, distribution, and research and development purposes? Or does one read it to mean that the taking of private property through eminent domain is prohibited for any of the purposes set forth in Division (A)(2) and (3) of the Constitutional Amendment?