Build On This!

The Ohio Senate passed a pair of measures yesterday that could severely limit the power of a city to take property for economic development. The first measure provides a definition for the term "blight," which is a prerequisite for a taking. The second measure would allow voters to pass a constitutional amendment to override the home rule provision of the Ohio Constitution to permit uniform state regulation of eminent domain instead of the piecemeal approach that has been used. The House will vote next week on its own eminent domain proposal. Click here for additional information from the Plain Dealer.

The Cleveland Plain Dealer reports that developer Scott Wolstein, the Cleveland-Cuyahoga County Port Authority, and all but one property owner have reached a settlement in the eminent domain case pending in the Cuyahoga County Probate Court. Owner James Kasouf refused to settle, arguing that his property is worth substantially more than he was offered in settlement. The trial will resume on August 1 to resolve his claim.

Real estate attorney David Lindner reports that the Ohio General Assembly is now considering H.B. 220, which would establish Ohio's first planned community law. The proposed law would clarify and expand the powers of homeowners' associations. Check back for further updates as the bill proceeds through the legislative process.

The Ohio General Assembly approved a bill placing limits on the government's authority to take property for economic development purposes and governor Strickland is expected to sign the bill into law, reports the Columbus Dispatch. The bill includes a requirement that at least 70 percent of properties in a targeted area be deemed "blighted" before the government can take the land. A companion constitutional amendment failed to garner the votes needed to appear on the November ballot.