Emminent Domain Victory for Norwood Property Owners
News Release
For Immediate Distribution
July 26, 2006
Contact: Robert Butler
w:(740) 204-3036
c:(614) 805-8292
hq@lpo.org www.lpo.org
OH Supreme Court Rules to Protect Property from Eminent Domain Abuse
Kelo Decison Rejected, Libertarians Celebrate Victory
Columbus - Today, in an historic ruling, the Ohio Supreme Court unanimously held that the City of Norwood could not use eminent domain to take Carl and Joy Gamble’s home of 35 years, as well as the rental home of Joe Horney and tutoring center owned by Matthew Burton and Sanae Ichikawa Burton, for private development—specifically, a complex of chain stores, condominiums and office space planned by millionaire developer Jeffrey Anderson and his Rookwood Partners.
Joe Horney, a Norwood home owner and small businessman who had fought the taking of his property, said, "It was long road to get to this point, but it was worth it. What really sits well with me is that this is good thing for every homeowner and small business owner in Ohio." Mr. Horney added, "I want to thank the Hamilton County Libertarian Party and the Libertarian Party of Ohio, both of which have stood with us since the beginning of this battle."
"Only the Libertarian Party and the libertarian lawyers at the Institute for Justice are working to defend these residents and homeowners nationwide," notes LPO Secretary Robert Butler.
"It's been a long, hard fight, but we're very pleased to see the Ohio Supreme Court reject last year's infamous Kelo decision."In a unanimous and lengthy decision, the Court laid out a series of important legal opinions. The Ohio Supreme Court explicitly rejected the U.S. Supreme Court’s infamous Kelo decision of June 2005, in which that Court held that local governments can take property from one person and transfer it to another because the new owner might produce more taxes or more jobs than the current one—so-called “economic development.”
Second, the Ohio Supreme Court ruled that state courts must apply “heightened scrutiny” to uses of eminent domain, especially when the property is being taken for use by another private party; according to the Court, lower Ohio courts should not simply rubber-stamp decisions by local government to take property.
Next, the Court held that statutes authorizing the taking of property cannot be vague. The “deteriorating” standard used by Norwood “is a standardless standard,” and the Court rejected it.
Finally, the Court struck down Ohio’s statute that allowed property to be taken even before an appeals court ruled that the taking was legal.“This decision is a complete and total victory for Carl and Joy Gamble, Joe Horney, the Burtons and every home and business owner in the State of Ohio,” said Institute for Justice Senior Attorney Dana Berliner, who argued the case before the Ohio Supreme Court. “The Court stopped the abuse of eminent domain by Norwood and told Ohio courts that it is their job to enforce the Constitution and make sure that eminent domain really is for public use. Ohio has a terrible history of its cities abusing eminent domain for private development, and that abuse would have increased exponentially if the Court had ruled in favor of Norwood.”
“This decision will set an example for the entire country,” explained Scott Bullock, an IJ senior attorney. “Other states will look to Ohio’s well-reasoned opinion in setting their own constitutional standards. The decision also will affect future legislation in Ohio. The Court has just told the Legislature that it cannot use the kinds of vague and standardless definitions that are so common under current Ohio law. Today’s decision starts the reform of Ohio’s terrible eminent domain laws, but it is up to the Legislature to complete the task.”
“Our home is ours again!” exclaimed Joy Gamble. “The Ohio Supreme Court has stopped this piracy. Now all Ohioans are safe from the scourge of eminent domain for private profit.”“The Ohio Supreme Court finally made us Americans again,” Carl Gamble added. “We haven’t had the heart or the will to see our home of more than 35 years since the City and the developer forced us out and fenced it off, but I’m sure we’ll be taking a ride back up there today. This is just terrific!”Joy continued, “Our state Supreme Court did what the U.S. Supreme Court did not do; it protected our home. The Ohio Supreme Court protected small property owners from the overpowering and overbearing city governments and the greedy developers.”
Joy added, “We stuck this fight out, but this victory would not have been possible without the Institute for Justice. We can’t thank them enough for winning us back our home and our rights.”
For the time being, Carl and Joy will remain in their newly rented apartment in Kentucky, on which they have a lease for the next six months. Joy concluded, “We’re just going to let this decision settle in. But finally, our nightmare is over.”
“The Gambles deserved to win today and to get back what’s rightfully theirs—their home,” said Bert Gall, staff attorney at the Institute for Justice. “They’ve won this battle not just for themselves, but for every single person who owns a home or business in Ohio. They and all our clients are true American heroes.” “Almost one year after the U.S. Supreme Court’s universally despised Kelo decision, the battle between ordinary Americans and the abusers of eminent domain—tax-hungry officials and land-hungry developers—continues,” said Chip Mellor, president and general counsel of the Institute. “Today’s decision by the Court marks an historic victory for home and business owners across the country. But this fight has to continue. The Institute for Justice and our Castle Coalition are dedicated to making sure that owners throughout the country are protected from eminent abuse.”
The title to Mr. Horney's home had been held by the developer, Rookwood Partners, pending the outcome of today's Supreme Court decision. Mr. Horney stated that it was his understanding that the title would be returned to him immediately. Asked what his next step would be, he replied: "Go home to my house."
The Kelo case has touched off a revolution not only in state supreme courts, like Ohio’s, but in state legislatures throughout the country. Thus far, 30 state legislatures have passed laws giving greater protections for home and small business owners.
For Immediate Distribution
July 26, 2006
Contact: Robert Butler
w:(740) 204-3036
c:(614) 805-8292
hq@lpo.org www.lpo.org
OH Supreme Court Rules to Protect Property from Eminent Domain Abuse
Kelo Decison Rejected, Libertarians Celebrate Victory
Columbus - Today, in an historic ruling, the Ohio Supreme Court unanimously held that the City of Norwood could not use eminent domain to take Carl and Joy Gamble’s home of 35 years, as well as the rental home of Joe Horney and tutoring center owned by Matthew Burton and Sanae Ichikawa Burton, for private development—specifically, a complex of chain stores, condominiums and office space planned by millionaire developer Jeffrey Anderson and his Rookwood Partners.
Joe Horney, a Norwood home owner and small businessman who had fought the taking of his property, said, "It was long road to get to this point, but it was worth it. What really sits well with me is that this is good thing for every homeowner and small business owner in Ohio." Mr. Horney added, "I want to thank the Hamilton County Libertarian Party and the Libertarian Party of Ohio, both of which have stood with us since the beginning of this battle."
"Only the Libertarian Party and the libertarian lawyers at the Institute for Justice are working to defend these residents and homeowners nationwide," notes LPO Secretary Robert Butler.
"It's been a long, hard fight, but we're very pleased to see the Ohio Supreme Court reject last year's infamous Kelo decision."In a unanimous and lengthy decision, the Court laid out a series of important legal opinions. The Ohio Supreme Court explicitly rejected the U.S. Supreme Court’s infamous Kelo decision of June 2005, in which that Court held that local governments can take property from one person and transfer it to another because the new owner might produce more taxes or more jobs than the current one—so-called “economic development.”
Second, the Ohio Supreme Court ruled that state courts must apply “heightened scrutiny” to uses of eminent domain, especially when the property is being taken for use by another private party; according to the Court, lower Ohio courts should not simply rubber-stamp decisions by local government to take property.
Next, the Court held that statutes authorizing the taking of property cannot be vague. The “deteriorating” standard used by Norwood “is a standardless standard,” and the Court rejected it.
Finally, the Court struck down Ohio’s statute that allowed property to be taken even before an appeals court ruled that the taking was legal.“This decision is a complete and total victory for Carl and Joy Gamble, Joe Horney, the Burtons and every home and business owner in the State of Ohio,” said Institute for Justice Senior Attorney Dana Berliner, who argued the case before the Ohio Supreme Court. “The Court stopped the abuse of eminent domain by Norwood and told Ohio courts that it is their job to enforce the Constitution and make sure that eminent domain really is for public use. Ohio has a terrible history of its cities abusing eminent domain for private development, and that abuse would have increased exponentially if the Court had ruled in favor of Norwood.”
“This decision will set an example for the entire country,” explained Scott Bullock, an IJ senior attorney. “Other states will look to Ohio’s well-reasoned opinion in setting their own constitutional standards. The decision also will affect future legislation in Ohio. The Court has just told the Legislature that it cannot use the kinds of vague and standardless definitions that are so common under current Ohio law. Today’s decision starts the reform of Ohio’s terrible eminent domain laws, but it is up to the Legislature to complete the task.”
“Our home is ours again!” exclaimed Joy Gamble. “The Ohio Supreme Court has stopped this piracy. Now all Ohioans are safe from the scourge of eminent domain for private profit.”“The Ohio Supreme Court finally made us Americans again,” Carl Gamble added. “We haven’t had the heart or the will to see our home of more than 35 years since the City and the developer forced us out and fenced it off, but I’m sure we’ll be taking a ride back up there today. This is just terrific!”Joy continued, “Our state Supreme Court did what the U.S. Supreme Court did not do; it protected our home. The Ohio Supreme Court protected small property owners from the overpowering and overbearing city governments and the greedy developers.”
Joy added, “We stuck this fight out, but this victory would not have been possible without the Institute for Justice. We can’t thank them enough for winning us back our home and our rights.”
For the time being, Carl and Joy will remain in their newly rented apartment in Kentucky, on which they have a lease for the next six months. Joy concluded, “We’re just going to let this decision settle in. But finally, our nightmare is over.”
“The Gambles deserved to win today and to get back what’s rightfully theirs—their home,” said Bert Gall, staff attorney at the Institute for Justice. “They’ve won this battle not just for themselves, but for every single person who owns a home or business in Ohio. They and all our clients are true American heroes.” “Almost one year after the U.S. Supreme Court’s universally despised Kelo decision, the battle between ordinary Americans and the abusers of eminent domain—tax-hungry officials and land-hungry developers—continues,” said Chip Mellor, president and general counsel of the Institute. “Today’s decision by the Court marks an historic victory for home and business owners across the country. But this fight has to continue. The Institute for Justice and our Castle Coalition are dedicated to making sure that owners throughout the country are protected from eminent abuse.”
The title to Mr. Horney's home had been held by the developer, Rookwood Partners, pending the outcome of today's Supreme Court decision. Mr. Horney stated that it was his understanding that the title would be returned to him immediately. Asked what his next step would be, he replied: "Go home to my house."
The Kelo case has touched off a revolution not only in state supreme courts, like Ohio’s, but in state legislatures throughout the country. Thus far, 30 state legislatures have passed laws giving greater protections for home and small business owners.
posted by CincinnatiLibertarian at 2:45 PM
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Tips for Being a Successful Landlord
In today’s apartment rental market there are several things that are “must do’s” for becoming a successful landlord. The reason you’re playing the real estate rental game is to have the check in your mailbox on the first of the month, right? Here are a few tips that can help you to achieve this with as little aggravation and frustration possible.
First and foremost is finding the right tenant to rent your apartment, house or other rental. This is the most important ingredient in the recipe. Checking the prospective tenant’s credit history to make sure they are paying their bills is one of the best ways you can screen. A tenant that pays their bills on time most likely will send you their rent on time. Establish a clear system on collecting rent, handling complaints from the tenant and how you will contact them if you need to gain access to the apartment.
Secondly, get all the important terms of the tenancy in writing. You have the option to have a basic rental agreement or draw up a formal lease. Whichever you decide, the important thing is to document the terms that you and the tenant agreed to. Clarify who is paying the utilities, the rental price and any other agreements made between you and your tenant.
It’s a good idea to stay on top of the repair and maintenance needs of your property. When you are notified of something that is broken or not working, repair it as soon as possible to prevent further damages. You may also lawfully enable the tenant to withhold rent, sue for injuries caused by defective conditions or move out without notice.
On a similar topic make sure you are carrying enough property and liability insurance to cover yourself in any situation. A well designed insurance program can protect your rental property from losses caused by everything from fire and storms to burglary, vandalism, and personal injury lawsuits.
I hope that this has been helpful to you. Just remember, as long as you follow these simple tips you will be on your way to a happy and fulfilling landlord future. Best of luck!
ABOUT THE AUTHOR: Eric Goldstein, associated with www.AllSpacses.com which Conveniently Connects All People with All Spaces in All Places, has been dedicated to the real estate rental market for over 8 years. He has assisted over 25,000 landlords with their renting needs. Any questions about renting apartments, houses or other rentals feel free to visit www.AllSpaces.com or email him at Eric@AllSpaces.com.
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