Next week, on Tuesday, Sept. 17th at 3 p.m., the House Civil Justice Committee will hold a third hearing for opponent testimony on HB 288, which threatens municipal control over eminent domain. The hearing will happen in Hearing Room 018 in the Statehouse.
HB 288, sponsored by Rep. Manning (R - New Middletown), would amend the law regarding eminent domain and would declare an emergency, meaning the bill would take immediate effect once signed by the Governor.
The bill limits the public uses to which property taken pursuant to the Eminent Domain Law may be put. Specifically, it prohibits property from being taken for the purpose of providing a recreational trail. The bill defines "recreational trail" as a public trail that is used for hiking, bicycling, horseback riding, ski touring, canoeing, or other nonmotorized forms of recreational travel
The bill was drafted by Rep. Manning, who said the measure would prevent the taking of land for a specific recreational trail in his district in Mahoning County. This means this is a local issue that should be dealt with on a local level within the existing legal framework.
HB 288 is a blatant violation of municipal Home Rule authority. It is important for legislators to be made aware that municipalities employ rarely eminent domain as a last resort and only for purposes that benefit the entire community. A project must be deemed necessary and in the public interest. When eminent domain is utilized, the property owner is compensated for the acquired land.
Legislators must also be made aware that the trails targeted by the bill are important, both increasing and enhancing connectivity for community. For example, these trails often function as sidewalks along roadways. If a property owner does not cooperate with the municipality, pedestrians and bikers will be forced onto the street, resulting in a public safety issue.
Municipal leaders are strongly encouraged to come to the Statehouse and testify before the committee in order to educate legislators on how this bill would negatively affect local communities. Testimony must be submitted 24 hours before the start of the hearing. If you cannot attend the committee in person, we recommend that you submit written testimony to the Chair's office at rep69@ohiohouse.gov or contact your own member of the Ohio House of Representatives to share any concerns you may have with them and ask for their opposition to the proposal. If you have any questions about testifying or contacting a member of the General Assembly, please contact the League's Director of Communications Ashley Brewster at abrewster@omlohio.org or by phone at (614) 221-4349
