July 26, 2006

Ohio Court Restricts Community Revitalization

CHICAGO — The American Planning Association (APA) is disappointed with the Ohio State Supreme Court's decision today to restrict community revitalization efforts in the City of Norwood v. Horney (case nos. 05-1210, 05-1211).

The Justices found the Michigan Supreme Court's decision in Hathcock, 684 N.W.2d 765, overturning Poletown, more persuasive than the U.S. Supreme Court's decision in Kelo v. New London. The Norwood Court unanimously concluded that "economic benefits" alone will not satisfy the public use requirement of the Ohio Constitution (§19, Art. I) and courts must apply a heightened scrutiny when they review eminent domain statutes or regulations under the void-for-vagueness doctrine. The court also found that the term "deteriorating area" in Norwood's code was too speculative and therefore unconstitutional.

"Today's decision restricts the ability of communities in Ohio in their efforts to address deteriorating conditions," said APA Executive Director and CEO, Paul Farmer, FAICP. "The practical effect of the court's decision today is that communities must let their neighborhoods slide into a severe state of economic decline before eminent domain may be used to improve conditions. More people are likely to lose their homes to blight than through the use of eminent domain. Everyone's property rights are protected when actions are taken to prevent such a downward decline instead of waiting until neighborhoods are destroyed," he said.

APA, along with its Ohio Chapter, the Ohio Planning Conference, filed an amicus brief in the case, urging the court not to second guess the city's urban renewal designation because the designation was derived from a planning process that incorporated meaningful public participation. The amicus brief included a number of recommendations for statutory reform, which were drawn from APA's Policy Guide on Public Redevelopment (2004).

"This decision only looks at one side of the issue," Farmer said. "Not discussed or acknowledged is the role of a democratic planning process to determine where and how communities revitalize themselves. This court is saying that the interests of a few holdouts come before the majority of private interests as well as the public benefits and value that could otherwise be achieved," Farmer said.

"Eminent domain is an important tool that should be used as a last resort, as Norwood city officials did in conjunction with an open and transparent planning process," said APA Ohio Planning Conference President Dan Boron, AICP. "Without having the ability to use eminent domain after negotiations have failed with holdouts will hamstring communities in the revitalization process."

Contact

Roberta Rewers, APA Public Affairs, 312-786-6395; rrewers@planning.org