01/20/2006
The continuing battle for private-property rights is now settling in for the long haul in state legislatures, city council chambers and courtrooms nationwide, and the Ohio Supreme Court is taking its turn.
Attorneys argued the eminent-domain case Norwood v. Gamble, et al. before the Court last week. The NFIB Legal Foundation filed an amicus brief in November 2005 on behalf of the small-business owners and home owners in Norwood, Ohio, who are in danger of losing their property to a private developer. The developer is backed by their own city government.
The city of Norwood deemed the business and home owners' properties to be “deteriorating” so that it could be seized by eminent domain and given to a private developer, whose building plans include chain stores, condominiums and an office complex. The Ohio Supreme Court is expected to rule later this year on whether Norwood has the right to seize the private property.
NFIB is acting to protect small-business owners from abuse of eminent domain by ensuring that courts and legislatures acting on the issue realize how devastating it is to small businesses.
“It’s not that easy for a small business to simply pick up and relocate,” said Karen Harned, executive director of NFIB’s Legal Foundation. “Small-business owners that become victims of eminent domain abuse not only lose their property, but they often lose their business.”
Eminent domain became a hot-button issue last year when, in Kelo v.New London, the U.S. Supreme Court sided with New London, Conn., allowing the city to seize homes and businesses so that a developer could build a hotel, health club and offices.
