Yes, eminent domain still exists and can happen. The government may come in and attempt to take possession of an Ohio resident's real estate, whether it is residential or commercial. Fortunately, it cannot do so without giving the property owner notice and the opportunity for a hearing.
The government agency must send the property owner notice that it wants to acquire the land. The notice must indicate the intent to take the land, and specifically identify the land, the use it proposes and an initial purchase offer. It must then negotiate compensation in good faith.
In most cases, negotiations involve a great deal of back and forth before a satisfactory agreement is reached. These efforts take place outside the courtroom, which most people appreciate. However, if an agreement cannot be reached, the government will more than likely file a condemnation action in an Ohio court.
The property owner may contest not only the government's desire to take the land, but the purchase price offered as well. The hearing will include the presentation of evidence and testimony by both sides before the court makes a decision. In many cases, the monetary consideration is at issue, and an expert will need to be brought in to discuss the fair market value of the property in question.
Unhappy land owners may have the chance to appeal the decision. Regardless of whether the property is commercial or residential, the owner would probably want to take advantage of his or her rights. Real estate owners here in Ohio who find themselves facing a condemnation hearing, by a government using eminent domain in order to take possession of property, may want to seek out the advice and assistance of an attorney with experience in these matters.