Pontiac Improvement Co. v. Board of Commissioners of the Cleveland Metropolitan Park District

Citations

• 104 Ohio St. (N.S.) 447

Syllabus

<p>Eminent domain — Powers limited and statutes strictly construed —Acquisition of interest less than fee — Duty to define estate condemned — Constitutional law — Section 19, Article I, Constitution — Possession and occupation of property by public essential, When.</p> <p>1. The right of eminent domain belongs to the sovereign power, and statutes delegating authority to exercise it must be strictly construed. When it is sought to take the property of an individual under statutes granting such authority to corporations, subject to conditions specifically set forth, the protection of the constitutional guaranty of the right of private property requires that the powers granted by the legislature be strictly pursued, and where the authority-granted is to acquire a fee or lesser interest the term “lesser interest” cannot be construed to mean authority to prescribe regulations from time to time as to the manner in which the property may be used or improved by the owner while he is in possession.</p> <p>2. Where a lesser interest than a fee in real estate is sought to be appropriated in a condemnation proceeding by a municipality, or board, for public use, the lesser interest must be defined with such certainty as to apprise the owner of the nature and extent of the interest which is to be t»k«n and also with such certainty as will enable a jury in accordance with the constitution to intelligently assess the compensation to be paid for the interest taken.</p> <p>3. The phrase, “where private- property shall be taken for public use,” contained in Section 19, Article I of the Constitution of Ohio, implies possession, occupation and enjoyment of the property by the public, or by public agencies, to be used for public purposes.</p>