Introduction

Last year the US Supreme Court ruled in Kelo v. New London that the "public use" requirement of the "Takings Clause" in the 5th Amendment to the US Constitution should be construed in a liberal fashion, thereby permitting the exercise of eminent domain (i.e., expropriation) by a municipality for economic development of a blighted area. By virtue of the federal nature of the United States, similar issues arise under the constitutions of the various individual states. Yesterday, the Ohio Supreme Court in Norwood v. Horney reached a directly contrary result interpreting similar ...