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The owner shall be given reasonable opportunity to consider the offer and present material which the owner believes is relevant to determining the value of the property and to suggest modification in the proposed terms and conditions of the purchase. The agency shall consider the owner's presentation.
Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
What is Eminent Domain? In Ohio, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
7 Eminent Domain Examples PennEast Pipeline Co. v. New Jersey (2021) ... Puntenney v. Iowa Utilities Board (2019) ... Kelo v. City of New London (2005) ... Berman v. Parker (1954) ... Chicago, Burlington & Quincy Railroad Co. v. ... United States v. Gettysburg Electric Railway Co. ... Kohl v. The United States (1875)
Under the Ohio Constitution and Ohio laws, the power of eminent domain can only be exercised for takings that are necessary and for a public use. Before an appropriation case can be filed in court, the appropriating authority has the obligation to provide the owner with a notice of the appropriation.
However, Ohio law subscribes to the ?Stand Your Ground? doctrine, which means you do not have a duty to retreat under certain circumstances. ing to Ohio Revised Code Title XXIX § 2901.09, ?a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense.?