What is Eminent Domain?

Eminent Domain is the power of the government–or those assigned governmental power–to take private property. The Takings Clause of the Fifth Amendment requires that takings must be for a public use, and that the property owner be paid “just compensation.”

One of the earliest transcribed condemnations occurred in 871 B.C., as described in 1 Kings, Chapter 21. There, the condemnor (King Ahab) desired to acquire Naboth’s vineyard. To his credit, King Ahab offered payment or a replacement property. When Naboth refused to sell, King Ahab acquired the vineyard through eminent domain. For just compensation, Naboth was stoned to death. Thankfully, the U.S. Constitution protects against condemnations such as these today.

What is a “Public Use” in Ohio and Kentucky?

The question of what constitutes “public use” is state-specific. In 2005, the U.S. Supreme Court held that private property could be taken for private development through the power of eminent domain in Kelo v. New London. The Kelo decision triggered nationwide backlash on a state level, and Ohio was the first state in Norwood v. Horney to hold that takings for private development were unconstitutional.

Kentucky also bolstered protection for property owners in response to the Kelo decision by passing House Bill 508, which limits the transfer of private property to another private entity for economic development purposes, including increasing the tax base, employment, or promoting the general economic health of the community.

Public use must be assessed in each individual case. Holley Law has successfully stopped eminent domain actions by challenging the public use.