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Limiting Eminent Domain

The Ohio Supreme Court did it. The skinny at the Volokh’s:

We hold that although economic factors may be considered in determining whether private property may be appropriated, the fact that the appropriation would provide an economic benefit to the government and community, standing alone, does not satisfy the public-use requirement of Section 19, Article I of the Ohio Constitution.

Update: Another Volokh (I can’t tell them apart) has a lot more.

One Response to “Limiting Eminent Domain”

  1. John Anderson Says:

    In Kelo SCOTUS upheld the taking because it was not illegal – but rarely noted is that the opinion[s] said it should be, and that states should act to make it so.