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Ohio Power Company v. Michael Burns et al., Case No. 2021-1168
Fourth District Court of Appeals (Washington County)
ISSUES:
- To prove that property doesn't need to be taken for public use, must the landowner show bad faith, abuse of discretion, or improper purpose by the government or authorized agency?
- Does a certificate from the Ohio Power Siting Board that a utility project will "serve the public interest, convenience, and necessity" prove under eminent domain law that a public utility's appropriation of the property is necessary?
- When an easement for using property is modified, must the modification harm the landowner and fundamentally change how the property is to be used before other provisions in state law are triggered?
Fourth District Court of Appeals (Washington County)
ISSUES:
- To prove that property doesn't need to be taken for public use, must the landowner show bad faith, abuse of discretion, or improper purpose by the government or authorized agency?
- Does a certificate from the Ohio Power Siting Board that a utility project will "serve the public interest, convenience, and necessity" prove under eminent domain law that a public utility's appropriation of the property is necessary?
- When an easement for using property is modified, must the modification harm the landowner and fundamentally change how the property is to be used before other provisions in state law are triggered?
August 2, 2022