Partnership for the Good of Your Business

How urban development might affect your home or business

On Behalf of | Feb 8, 2022 | Real Estate |

As Ohio real estate development gains momentum, infrastructure and access needs may affect the private property nearby. The local or state agencies may take steps to secure land use for growing anything from new sewer pipes and utility to wider roads.

According to The Center for Cleveland, there are real estate projects planned or under construction from Downtown and University Circle to Fairfax and Tremont. If you own property near any expansion projects, you may receive an offer from a government agency to purchase or use the land. Knowing your rights as a landowner may help ensure you receive maximum compensation.

What is eminent domain?

When local, state or federal government agencies need land for public use, they often acquire it through the power of eminent domain. Legislation prohibits the taking of your land without adequate compensation. However, provisions within the related statutes limit the power of the state. Eminent domain has three components:

  1. The authorization to exercise eminent domain by government agencies
  2. The property taken must be for public use
  3. Property owners must receive adequate compensation

The government cannot arbitrarily pick a dollar amount that it offers for your property. The law entitles you to fair market value for the land, based on what the government wants it for rather than its current use.

Types of eminent domain takings

Sometimes the government wants all the property, but occasionally they only need some of it. However, if it takes only part of the land, the whole property may become unusable, based on its current purpose. You can legally ask for the value of the entire parcel as a result. If the government changes the zoning and affects your property, the easements may be permanent or temporary. You have the right to compensation based on how long they need the use of the land.

If a government agency contacted you with an offer to purchase land, you might face an eminent domain law case. The government’s condemnation proceedings when invoking eminent domain are often complex. Understanding your options is critical for protecting your rights and receiving adequate compensation for your loss.


FindLaw Network