Law halts taking land for private business

Legislators hope to restrict eminent domain through a constitutional amendment.
By JEFF ORTEGA
VINDICATOR CORRESPONDENT
COLUMBUS -- A moratorium is now in place until the end of next year on government's ability to take private property for use by a private business, under a bill signed into law by Gov. Bob Taft.
The new law, which became effective immediately upon the governor's signature Wednesday, also set up a task force to study the state's eminent domain laws.
"Today, we take a very important step in protecting Ohio property owners," Taft said before he signed the bill, sponsored by state Sens. Timothy J. Grendell, R-Chesterland, and Kimberly Zurz, D-Green.
The new law places a moratorium on eminent domain for private development until Dec. 31, 2006.
During that time, any state or local government may not take property that is in an unblighted area without the property owner's consent if the primary purpose is economic development that would result in giving the property to another private owner.
The task force created under the new law would have to issue a report by April 1 on general policy recommendations on eminent domain after a recent U.S. Supreme Court ruling on the issue.
The task force also would have to report by Aug. 1 on how the state's eminent domain laws should be revised.
What's behind this
The new law was sparked by a June decision by the U.S. Supreme Court that upheld the right of the New London, Conn., city government to seize property for private development that city leaders said would generate more tax revenue.
Grendell said he believes the new law to be a good response to the recent U.S. high court decision.
"The law is measured and well-reasoned," said Grendell.
Grendell said he believes the issue will ultimately have to be settled through a proposed amendment to the Ohio Constitution.
Grendell said task force recommendations could be incorporated into a proposed issue for voters at the November 2006 elections.
To get a proposal before voters legislatively, an initiative must pass in both chambers of the Legislature with at least a 60-percent majority.