Ohio Supreme Court Says Economic Benefit Alone Doesn't Satisfy Public-Use Requirement for Taking

摘要

The Ohio Supreme Court struck down the taking of property for economic development by the city of Norwood, holding that the fact that the taking would provide an economic benefit to the government and community, standing alone, does not satisfy the public-use requirement of the Ohio Constitution. (Norwood v. Homey, Norwood v. Gamble, Nos. 2005-0227, 2005-0228, 2005-1210, 2005-1211, July 26, 2006) The court also held that a city's authority to take blighted or deteriorated property does not extend to property that the city merely determines to be "deteriorating."