OHIO Senate to tackle deferrals in eminent domain cases

The state's action comes in the wake of a U.S. Supreme Court decision.
By JEFF ORTEGA
VINDICATOR CORRESPONDENT
COLUMBUS -- The Ohio Senate is expected to pass today a proposal that backers say would place a moratorium on government's ability to take private property and give it to another private property owner for economic development.
On Tuesday, the Senate State & amp; Local Government & amp; Veterans Affairs Committee unanimously approved the bill, which also would create a task force to study eminent domain in Ohio.
The bill, if passed, shouldn't cause a stampede of projects involving eminent domain trying to beat the moratorium, backers said. It is sponsored primarily by state Sen. Timothy Grendell, a Chesterland Republican, and co-sponsored by state Sen. Kimberly Zurz, an Akron-area Democrat.
"The purpose of the moratorium is to prevent that rush," said Grendell. "We're going to study this."
Supreme Court
The bill, and other proposals pending in the Legislature, comes in the wake of a recent U.S. Supreme Court decision that critics say allows government to take private property and give it to a for-profit business.
In June, the U.S. Supreme Court upheld the right of the New London, Conn., city government to seize property for private development that city leaders say would generate more tax revenue.
According to a legislative analysis, the bill would place a moratorium on eminent domain for private development until Dec. 31, 2006.
Under the measure, any state or local government during that time may not take without the owner's consent, private property that is in an unblighted area if the primary purpose is economic development that would ultimately result in giving the property to another private owner.
Task force
The bill also would create a legislative task force to study eminent domain. Under changes approved by the Senate committee, the proposed task force would have to report on the Supreme Court decision's impact in Ohio by Dec. 31 and would have to report on whether Ohio's eminent domain laws need to be addressed by April 1, 2006.
Ohio Senate President Bill M. Harris, an Ashland Republican, said he believes the state could benefit from the proposed study of the eminent domain laws in the wake of the federal court action.
At least one proposal is pending in the Ohio House of Representatives that also would place a moratorium on eminent domain in which private property would be taken and given to a private business.