Kerns v. Ohio Dept. of Transp.

Citations

• 2017 Ohio 7154

Syllabus

Trespass R.C. 901.51, taking, injunction TRO - Plaintiffs asserted various claims after trees were removed from plaintiffs' property. The magistrate found that defendant committed a trespass when it directed the removal of one and one-half trees outside of its right of way but did not act recklessly and, therefore, did not violate R.C. 901.51. The magistrate further found that the removal of trees did not substantially deprive plaintiffs of the rights of ownership and, therefore, did not constitute an unconstitutional taking. The evidence established that defendant did not direct the removal of other trees for which plaintiffs sought recovery. Any delay in obtaining permits did not result in compensable harm. Though defendant presented expert testimony that plaintiff's property suffered no diminution in value, the magistrate recommended damages for restoration costs and the value of the lost use of plaintiff's property.