Ohio Eminent Domain Task Force Can Learn From NJ

Drawing on practice in New Jersey, Stuart Meck of Rutgers University offers some advice on how an Ohio eminent domain task force should respond to the U.S. Supreme Court's 2005 decision, Kelo v. New London. A state constitutional amendment is necessary, he contends, so that all local governments, including municipalities, play by the same rules in using eminent domain for economic development purposes.

The state, through the Ohio Department of Development, should have review and approval authority over the designation of redevelopment areas, the determination of blight, and the approval of redevelopment plans. It is unacceptable, he says, "to replace poor people with rich people" by employing eminent domain.