Real Estate & Property Law

Forgetting Just Compensation Will Be Owed

By Alan Ackerman

Ohio Tribune

WARREN - A visiting common pleas judge toured a proposed landfill site Friday following a court hearing in the continuing litigation that pits the city of Girard against the landfill proponents.

Although Total Waste Logistics has plans for the 41 acres off U.S. 422 for the landfill, Girard would prefer that the site be used as an addition to its park system, according to Mayor James Melfi.

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''Right now we're locked in this land appropriation case,'' Melfi said. ''But everyone knows that we're in striking distance of Tod Park and the city's cemetery, where Revolutionary War veterans are buried. This land would give us access to the MahoningRiver and the proposed bike path.''

Curran is allowing all sides a couple weeks to submit more written arguments before any decision.

In 2005, city officials offered Youngstown Belt Railway Co., which owns the property, the then-full appraised value of $41,500 for the undeveloped land between two railroad tracks. The company would not negotiate with the city.

Melfi said the city has wanted the land for park purposes for about nine years, and the acquisition is not intended just to stop a landfill from opening

Gerard, Ohio does not want a landfill in town.  Therefore, it finds a way to acquire through eminent domain.  What it forgets is that the licensing process is part of the consideration of what it is taking.  This is not simply an old railroad siding, but a parcel awaiting profitable use.  The City may win the battle of acquisition, but lose the war of Just Compensation.  The Citizens should be very aware of where they are heading.

Full post as published by National Eminent Domain Blog on September 09, 2009 (boomark / email).