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Key Votes

SB 7 - Eminent Domain Bill - Key Vote

Ohio Key Votes

Robert Hagan voted Nay (Passage With Amendment) on this Legislation.

Read statements Robert Hagan made in this general time period.

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Issues

Stage Details

Legislation - Concurrence Vote Passed (Senate) (29-3) - (Key vote)

Title: Eminent Domain Bill

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that specifies which properties and areas can be subject to appropriation by eminent domain.

Highlights:
-Specifies that seventy percent of parcels in an area must be blighted in order for that area to be considered a "blighted area" or "slum" that is subject to appropriation by eminent domain (Sec. 1).
-Defines "blighted parcel" as a parcel that meets the following conditions:
-is dilapidated, unsanitary, unsafe or vermin infested and has been designated as unfit for human habitation or use
-poses a direct threat to public health or safety
-bears tax or special assessment delinquencies exceeding the fair value of the land that remain unpaid for 35 days after notice to pay has been mailed (Sec. 1).
-Provides a further definition for "blighted parcel" that applies to any parcel that has two or more of the following conditions that negatively affect nearby property values or entail land use relationships that cannot "reasonably" be corrected through existing zoning codes or other regulations:
-"dilapidation and deterioration"
-"age and obsolescence"
-"inadequate provision for ventilation, light, air, sanitation, or open spaces"
-"unsafe and unsanitary conditions"
-"hazards that endanger lives or properties by fire or other causes"
-"noncompliance with building, housing, or other codes"
-"nonworking or disconnected utilities"
-"is vacant or contains an abandoned structure"
-"excessive dwelling unit density"
-"is located in an area of defective or inadequate street layout"
-"overcrowding of buildings on the land"
-"faulty lot layout in relation to size, adequacy, accessibility, or usefulness"
-"vermin infestation" (Sec. 1).
-Prohibits considerations of whether there is a comparatively better use for any property or area or whether a property or area could generate more tax revenues if put to another use from having any bearing on determinations of whether the property or area is blighted and thus subject to eminent domain (Sec. 1).
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation - Bill Passed With Amendment (House) (71-27) - (Key vote)

Title: Eminent Domain Bill

Vote Smart's Synopsis:

Vote to pass a bill that specifies which properties and areas can be subject to appropriation by eminent domain.

Highlights:
-Specifies that seventy percent of parcels in an area must be blighted in order for that area to be considered a "blighted area" or "slum" that is subject to appropriation by eminent domain (Sec. 1).
-Defines "blighted parcel" as a parcel that meets the following conditions:
-is dilapidated, unsanitary, unsafe or vermin infested and has been designated as unfit for human habitation or use
-poses a direct threat to public health or safety
-bears tax or special assessment delinquencies exceeding the fair value of the land that remain unpaid for 35 days after notice to pay has been mailed (Sec. 1).
-Provides a further definition for "blighted parcel" that applies to any parcel that has two or more of the following conditions that negatively affect nearby property values or entail land use relationships that cannot "reasonably" be corrected through existing zoning codes or other regulations:
-"dilapidation and deterioration"
-"age and obsolescence"
-"inadequate provision for ventilation, light, air, sanitation, or open spaces"
-"unsafe and unsanitary conditions"
-"hazards that endanger lives or properties by fire or other causes"
-"noncompliance with building, housing, or other codes"
-"nonworking or disconnected utilities"
-"is vacant or contains an abandoned structure"
-"excessive dwelling unit density"
-"is located in an area of defective or inadequate street layout"
-"overcrowding of buildings on the land"
-"faulty lot layout in relation to size, adequacy, accessibility, or usefulness"
-"vermin infestation" (Sec. 1).
-Prohibits considerations of whether there is a comparatively better use for any property or area or whether a property or area could generate more tax revenues if put to another use from having any bearing on determinations of whether the property or area is blighted and thus subject to eminent domain (Sec. 1).
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation - Bill Passed (Senate) (29-3) -

Title: Eminent Domain Bill

Vote Smart's Synopsis:

Vote to pass a bill tightening restrictions on the state’s use of eminent domain, providing specific guidelines for what properties can be appropriated and for what reason.

Highlights:
-Defines “blighted” to describe properties that pose a potential health risk to the community or that do not meet the building code, and defines “blighted area” as a delineated region in which 90% or more of properties are blighted (Sec. 1). -Defines “public use” such that eminent domain may not be used to benefit private conveyances unless the area in question is blighted (Sec. 1). -Requires procedures to be developed such that any plan making use of eminent domain is published and that the public be given a reasonable “comment period” prior to the implementation of the plan (Sec. 1). -Requires the agency to provide evidence that a property is blighted (Sec. 1). -Provides that reasonable legal fees be provided to the owner of a property if he or she chooses to contest the appropriation in court (Sec. 1). -Permits a former owner to repurchase property if the original project for which the property was appropriated is abandoned or modified (Sec. 1).
Legislation - Introduced (Senate) -

Title: Eminent Domain Bill

Sponsors

  • Timothy J. Grendell (OH - R) (Out Of Office)

Co-sponsors

  • Ron Amstutz (OH - R) (Out Of Office)
  • James 'Jim' Aslanides (OH - R) (Out Of Office)
  • Steven 'Steve' Austria (OH - R) (Out Of Office)
  • Kevin R. Bacon (OH - R) (Out Of Office)
  • Louis W. Blessing Jr. (OH - R) (Out Of Office)
  • Danny R. Bubp (OH - R) (Out Of Office)
  • Stephen P. 'Steve' Buehrer (OH - R) (Out Of Office)
  • John A. Carey Jr. (OH - R) (Out Of Office)
  • James F. 'Jim' Carmichael (OH - R) (Out Of Office)
  • Gary W. Cates (OH - R) (Out Of Office)
  • William P. 'Bill' Coley II (OH - R) (Out Of Office)
  • Thom Collier (OH - R) (Out Of Office)
  • Courtney Eric Combs (OH - R) (Out Of Office)
  • Anthony E. 'Tony' Core (OH - R) (Out Of Office)
  • Kevin J. Coughlin (OH - R) (Out Of Office)
  • David T. Daniels (OH - R) (Out Of Office)
  • Matthew J. Dolan (OH - R) (Out Of Office)
  • John Domenick (OH - D) (Out Of Office)
  • Clyde Evans (OH - R) (Out Of Office)
  • Larry L. Flowers (OH - R) (Out Of Office)
  • Randall L. 'Randy' Gardner (OH - R) (Out Of Office)
  • Bob Gibbs (OH - R) (Out Of Office)
  • David Goodman (OH - R) (Out Of Office)
  • Bruce W. Goodwin (OH - R) (Out Of Office)
  • John P. Hagan (OH - R) (Out Of Office)
  • Bill M. Harris (OH - R) (Out Of Office)
  • Clifford K. 'Cliff' Hite (OH - R) (Out Of Office)
  • James Michael 'Jim' Hughes (OH - R) (Out Of Office)
  • Jeff Jacobson (OH - R) (Out Of Office)
  • I. 'Ray' Miller Jr. (OH - D) (Out Of Office)
  • Larry A. Mumper (OH - R) (Out Of Office)
  • Thomas E. 'Tom' Niehaus (OH - R) (Out Of Office)
  • W. Scott Oelslager (OH - R) (Out Of Office)
  • Joy Padgett (OH - R) (Out Of Office)
  • Jon M. Peterson (OH - R) (Out Of Office)
  • Steve Reinhard (OH - R) (Out Of Office)
  • Carol-Ann Schindel (OH - R) (Out Of Office)
  • Robert L. Schuler (OH - R) (Out Of Office)
  • Kirk J. Schuring (OH - R) (Out Of Office)
  • Arlene J. Setzer (OH - R) (Out Of Office)
  • Robert F. 'Bob' Spada (OH - R) (Out Of Office)
  • Steve Stivers (OH - R) (Out Of Office)
  • Joseph W. Uecker (OH - R) (Out Of Office)
  • Jeff Wagner (OH - R) (Out Of Office)
  • Mark D. Wagoner Jr. (OH - R) (Out Of Office)
  • John J. White (OH - R) (Out Of Office)
  • Jason H. Wilson (OH - D) (Out Of Office)
  • James J. 'Jim' Zehringer (OH - R) (Out Of Office)
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