Eminent Sense in Ohio

Duncan Currie, Weekly Standard, via RCP, explains to us non-legal people the great victory achieved against the Kelo abuse of power---tossing out economic benefit to local governments as a sole reason for private property takeover, throwing out vague definitions of blight and "deteriorating" neighborhoods, and also this:

Third: The court rejected as unconstitutional the portion of Ohio's eminent-domain statute that--get this--barred judges from enjoining the seizure and redevelopment of property prior to appellant review. The law had essentially allowed developers to tear down homes after they provided just compensation but before the completion of the appeals process. According to the Ohio Supremes, this "violates the separation-of-powers doctrine."

As I understand it, Illinois' recently passed law on eminent domain could be improved as well.

This Ohio Supreme Court decision also needs to be looked at in judging due process under Illinois' "affordable" (read subsidized) housing law and its provision for a governor-appointed state board which can over-ride local zoning.

More on the ruling from the Castle Coalition.