Category: Ohio Eminent Domain

Due Process In East Akron

Beacon Journal, July 2007

The Akron City Council intended to vote on the authorization of the city to exercise its powers of eminent domain if necessary to acquire residential property in the middle of the renewal area. 

Notices were to be mailed 15 days in advance of the public hearing, however one of the property owners failed to receive a notice.

Due process requires fair notice of a hearing in which the final decision to take is made. The courts have consistently taken a position that the judiciary is extremely limited in the propriety of review of the local decision. Therefore, it is imperative that owners have the right to be heard at the time the decision is made in the local legislative body, be it a Township Supervisor Board or a City Council hearing.

The Akron taking may be as much for the opportunity simply to have some development action in the community as it is more than for a public use.