Ohio Supremes Limit Eminent Domain

by Jonathan H. Adler

The U.S. Constitution may not prohibit the use of eminent domain for economic development, but some state constitutions do (at least according to their respective state supreme courts).  This morning, the Ohio Supreme Court unanimously ruled that economic development does not constitute a “public use” under the Ohio Constitution, and therefore such development cannot justify the use of eminent domain.  For more on the details of the case and the decision, see my VC post here .