Woman loses fight for home

The woman and her son argued the city took her home for a hospital expansion.
CINCINNATI (AP) -- An 80-year-old woman who fought the city's attempt to take her house for a road project moved out of the small brick home the day after a deadline set by a judge.
Emma Dimasi, a widow, had lived in the house for 47 years. The city is taking her property for a project officials say is in the interest of public safety. She contends it is aimed at helping a nearby hospital with its expansion.
"It was something she knew was hers, and no one could take from her -- until the city came along," her son, Vincent Dimasi, said about the house.
A judge had given Vincent Dimasi, an attorney, a deadline of 4 p.m. Friday to move his mother out of the house or face a $1,000 fine per day. He missed it by about 23 hours and will appear in court today to determine whether he has to pay.
Emma Dimasi and her son, who owns neighboring property also being taken, have argued that taking the home violates a one-year ban in Ohio on seizing property that will end up in the hands of another private owner.
Rare occurrence
A Cincinnati Enquirer analysis of eminent domain cases shows that land was used for shops, offices or luxury condominiums in about 10 percent of the 380 instances where property was taken by cities in Hamilton County since 1998. Most projects were for roads and sewers.
While rare, the property taken for development tends to be more valuable since blocks of buildings are needed instead of just a few feet for a sewer easement or road widening.
The U.S. Supreme Court has ruled that cities and states have the power to take private property to give to another private owner, but that states have the power to enact stronger rights for property owners.
In the first challenge of property rights laws to reach a state high court since then, the Ohio Supreme Court is considering whether Norwood, a Cincinnati suburb, can take residential property and give it to a developer for a shopping mall. A ruling is pending.