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Fighting Land Takings in Ohio June 3, 2002 By Joe Cornely Director, Corporate Communications Ohio Farm Bureau Federation (614) 249-2479 jcornely@ofbf.org from Buckeye Farm News House Bill 449 is a proposal to remove the authority of local park districts to take land via eminent domain. OFBF testified in favor of the bill before the House Local Government and Townships Committee. The bill is sponsored by Representative Tom Lendrum (R), Huron. During testimony, OFBF Director of State Legislative Affairs, Scott Williams, told lawmakers, "The protection of private property rights is the core mission of the Ohio Farm Bureau, and the irresponsible use of eminent domain authority is one of the greatest threats to a landowner." Accountability is the issue according to Williams. "These park boards unelected. They're appointed by the Probate Court judge. Landowners have no recourse at the ballot box when these park boards use eminent domain inappropriately." Williams' testimony further stated, "Rural landowners are constantly besieged by eminent domain, from proposed pipelines, expansion of roadways, and the creation of well fields. House Bill 449 will simply eliminate one of the many appropriation threats facing landowners. While an eminent domain proceeding is never pleasant, it is easier to understand when the project results in a public good. A dangerous section of roadway is widened and made safer, a needed utility line is connected to a remote community, but when the project is the creation of a bike trail, for purely recreational use, the proceeding becomes harder to accept." Williams' testimony also stated, "The taking of private property for public use should always be a tool of last resort because there are few things more sacred than ownership of property and to deprive someone of that must be a done in an appropriate manner. I ask (the Committee) to consider the appropriateness of continuing to allow a non- elected, unaccountable body to be permitted to remove private property from an individual's ownership when they feel it is better used as a recreation center for the public. Williams pointed out that most park districts are "good actors" and work well with local landowners. He said the bill is necessary because of "4 or 5 abusers." The bill has come before lawmakers several times in the past. Williams is hopeful that it will receive more favorable attention this time due to a change in the make-up of the House committee. In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml]
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