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Supreme Court of Ohio - 5-7-2019 - Case No. 2017-0813 State ex rel. Speedway, L.L.C. v. Wray
State ex rel. Speedway LLC et al. v. Jerry Wray, director, Ohio Department of Transportation et al., Case No. 2017-0813
Writ of Mandamus
ISSUES:
- When the state uses a highway easement in a way that wasn't foreseeable from the original plans in place when it acquired the easement, and that change of plan damages the market value of a property, does the action constitute a second taking for which the state must compensate the owner?
- Does a closure of a highway's point of access to a local property constitute a taking of the property?
BACKGROUND:
In the 1960s, the Ohio Department of Transportation (ODOT) began the construction of State Route 16 through Licking County. As part of the plan, it acquired land, including property near the intersection of Cherry Valley Road and the new highway in Granville. Part of the acquisition included highway easements over two parcels that would become the northwest corner of the intersection between Cherry Valley Road and the new S.R. 16. The plan called for an intersection that granted travelers on Cherry Valley Road a "point of access" to the new highway. This made the property at the intersection highly valued for businesses that would cater to highway travelers.
Writ of Mandamus
ISSUES:
- When the state uses a highway easement in a way that wasn't foreseeable from the original plans in place when it acquired the easement, and that change of plan damages the market value of a property, does the action constitute a second taking for which the state must compensate the owner?
- Does a closure of a highway's point of access to a local property constitute a taking of the property?
BACKGROUND:
In the 1960s, the Ohio Department of Transportation (ODOT) began the construction of State Route 16 through Licking County. As part of the plan, it acquired land, including property near the intersection of Cherry Valley Road and the new highway in Granville. Part of the acquisition included highway easements over two parcels that would become the northwest corner of the intersection between Cherry Valley Road and the new S.R. 16. The plan called for an intersection that granted travelers on Cherry Valley Road a "point of access" to the new highway. This made the property at the intersection highly valued for businesses that would cater to highway travelers.
May 7, 2019