Kelo Gets First Test In Ohio

The state supreme court is reviewing a similar case, with the opportunity to reduce the eminent domain power provided to local governments in Kelo, in this commentary.

1 minute read

January 25, 2006, 2:00 PM PST

By David Gest


"The majority in Kelo, fortunately, said states have the authority to place their own limits on eminent domain, acknowledging that 'many states already impose public use requirements that are stricter than the federal baseline' as a 'matter of state constitutional law.' It is up to the respective state courts, they said, to determine what is an acceptable public use or purpose to justify a taking. The first test of that freedom is playing out now before the Ohio Supreme Court."

"In Ohio, the city of Norwood, a suburb of Cincinnati, sought to force the sale of several homes and businesses on behalf of a private property developer so he could build a multimillion dollar complex of offices, rental apartments and chain retail stores. By all accounts, the homes and businesses in the area were well kept and the neighborhood was in good condition."

Thursday, January 12, 2006 in Reason.org

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

September 16, 2026 - Zachary Whalen

Passengers board an Amtrak train under a cloudy sky.

Amtrak, CN end decades-long dispute with eight-year agreement

The new operating agreement establishes an updated framework for the companies to work together, including processes to resolve disputes.

September 18, 2026 - Mass Transit

The Gross Reservoir, a large body of water surrounded by trees and mountains.

Judges permit Denver to divert 77,000 acre feet from the Colorado River for reservoir expansion

Overuse and climate change have caused the Colorado River’s water levels to plummet.

September 18, 2026 - Inside Climate News

A painted bus lane in NYC.

NYC DOT wants faster, more permanent street upgrades

The city is examining ways to build more concrete infrastructure without getting entangled in 'decades-long' projects.

September 21 - NYC Streetsblog

A woman looks at a utility bill.

'Something we’ve never seen before:' rising utility rates could strain city finances nationwide

Data centers, climate change and other factors have caused utility rates in the United States to increase by 38% since 2020.

September 21 - Smart Cities Dive

A person scuba diving in a coral reef off Guam.

Trump to overrule local leaders, lease millions of acres of America’s Pacific Island territories’ seafloors to mining companies

International law says that the Indigenous people of America’s territories have a right to prior and informed consent regarding projects that impact their countries.

September 21 - Grist