ELR Citation: ELR 20161
No(s). s. 2005-0227 et al (Ohio Jul 26, 2007)

The court holds that a municipality's appropriation of private property based on its determination that it was in an area that may deteriorate in the future is unconstitutional. In Kelo v. City of New London, 125 S. Ct. 2655, 35 ELR 20134 (2005), the U.S. Supreme Court held that economic factors may be considered in eminent domain cases. But here the court reasons that the fact that an appropriation of private property will provide an economic benefit to the government and community does not on its own satisfy the public use requirement under the state constitution's takings provision. Moreover, the void for vagueness doctrine applies to statutes that regulate the use of eminent domain powers. Applying that doctrine, the court holds that the municipality's "deteriorating area" standard for the appropriation of property that the city believes will be deteriorated in the future is speculative and unconstitutional.