Legal Trend: Quick Take Property When Not Building Roads? Court Says No. How Texas Fits into the Mix.

What’s a quick take? Once an eminent domain suit is filed, the entity exercising eminent domain claims ownership of the property.

Where is this Court that’s limiting quick take of property rights? Ohio

Is the court saying no quick take, that the courts have to decide before the property ownership can transfer to the condemning entity? No, the court says the Ohio constitution limits this ability to the taking of land for roads only.

How does this apply in Texas? In Texas, once an eminent domain proceeding begins, the condemning entity can begin its project, while the pending court case resolves itself. 

The 1851 Center of Constititional Law | Ohio Court: Cities Cannot Immediately Seize Private Property When Not For Roads