ELR Citation: ELR 20759
No(s). C72-1114 (N.D. Ohio Aug 8, 1973)

A declaration of intent by the state Director of the Department of Natural Resources to designate land owned by plaintiffs as part of a Scenic River Area does not violate due process since the property has not been taken and the Director is statutorily prohibited from restricting its use. The law provides for acquisition of land by the Director only when funds are appropriated by the legislature. Plaintiffs' allegation that the designation will have the effect of clouding their title is without merit since zoning laws or other ordinances which result in devaluation of property have been held not to be a "taking" without just compensation.

Counsel for Plaintiffs
Lewis J. Curran
840 Leader Building
526 Superior Avenue East
Cleveland, OH 44114

Counsel for Defendants
Michael N. Tousey Asst. Attorney General
361 East Broad Street
Columbus, OH 43215