Taking property without just compensation

first_imgShare Facebook Twitter Google + LinkedIn Pinterest By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural and Resource Law ProgramA property owner may bring a claim in federal court under the Fifth Amendment when the government has violated the Takings Clause by taking property without just compensation. This case involved a township ordinance requiring all cemeteries to be held open and accessible to the general public during daylight hours. A property owner with a small family graveyard was notified that she was violating the ordinance. The property owner filed suit in state court arguing that the ordinance constituted a taking of her property, but did not seek compensation. The township responded by saying it would withdraw the notice of violation and not enforce the ordinance against her. The state court said that the matter was therefore resolved, but the property owner was not satisfied with that decision. She decided to bring a takings claim in federal court.Before this decision, there was a roadblock to bringing such claim. Lower courts had read a previous Supreme Court decision to say that if a state or local government commits a taking, the property owner would first have to seek a remedy through the state’s adverse condemnation procedure before going to federal court. But in doing so, the property owner would actually not have a chance to bring the claim in federal court because the federal court would have to give full faith and credit to the state court decision. At first, that seemed like what would happen to the property owner because the state court had decided that the issue was moot since the township had agreed not to enforce the ordinance against her. But the U.S. Supreme Court cleared the way for the property owner by taking the rare action of overruling its prior precedent. Knick v. Township of Scott, Pennsylvania, was not an Ohio court case, but rather one that made its way all the way up to the U.S. Supreme Court.The final opinion handed down by the justices is certainly important, but it is also notable for Ohio because the Ohio Farm Bureau Federation (OFBF) submitted an amicus brief in support of the property owner through its legal counsel, Vorys Sater Seymour and Pease, LLP of Columbus. The brief cited examples in Ohio showing that the Supreme Court’s prior precedent was causing problems for Ohio property owners by limiting their access to federal courts in Fifth Amendment takings claims. OFBF has noted that this was the first time it had submitted an amicus brief to the U.S. Supreme Court.last_img read more

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Ohio Crop Progress: Scattered rains change things up

first_imgShare Facebook Twitter Google + LinkedIn Pinterest Scattered rains helped some corn and soybean fields last week, according to Cheryl Turner, State Statistician, USDA NASS, Ohio Field Office. There were 5.7 days suitable for fieldwork during the week ending August 18. Fields that received scattered rains last week were helped while fields not receiving any rain continued to suffer. Rainfall was sporadic and scattered even within counties with some areas of a county receiving an inch or more of rain while other areas in the same county received no precipitation. Overall, State level topsoil and subsoil conditions improved, though this improvement was not experienced evenly across Ohio. Crop conditions continued to deteriorate and remained in much poorer shape than 2018. Much of the corn in the State was pollinating or just past pollination and growers not receiving any precipitation, either naturally or through irrigation, were concerned about grain fill. The same concerns existed for soybeans as pod fill began in over half of Ohio fields. Growers continued to hope for a later than normal killing frost this fall. Conditions last week were generally favorable for fieldwork. Growers kept busy applying herbicides and fungicides, hauling manure, harvesting hay, tilling fields, and planting cover crops.Click here to read the full report.last_img read more

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Data.gov to Face a Challenger From Sunlight Labs

first_imgData.gov, the US federal government’s new catalog of sets of public data for outside developers to mashup and analyze, now faces some friendly competition. The Sunlight Foundation, a non-partisan non-profit organization dedicated to government transparency, has announced that it will launch a National Data Catalog to go above and beyond what Data.gov offers.We’ve been critical of the sparse offering from Data.gov but Sunlight’s plan looks like it could surpass what even the most ambitious government program is likely capable of.Here’s how Clay Johnson, head of Sunlight Labs, described the need for this project:Because of politics and scale there’s only so much the government is going to be able to do. There are legal hurdles and boundaries the government can’t cross that we can. For instance: there’s no legislative or judicial branch data inside Data.gov and while Data.gov links off to state data catalogs, entries aren’t in the same place or format as the rest of the catalog. Community documentation and collaboration are virtual impossibilities because of the regulations that impact the way Government interacts with people on the web.We think we can add value on top of things like Data.gov and the municipal data catalogs by autonomously bringing them into one system, manually curating and adding other data sources and providing features that, well, Government just can’t do.Johnson says the site, which is being developed with publicly visible open source code, will allow users to contribute sets of data, documentation to go along with data and links to places around the web that are using any set of data cataloged. It sounds like a ProgrammableWeb type site for public data.In addition to government information, Sunlight will also be including derivative data sets, like information from the campaign contribution tracker OpenSecrets. That’s something it’s very hard to imagine a government website including.Can Sunlight build a one-stop-shopping destination for public data, and will people make use of that? Time will tell, but it sounds like a very important project. 8 Best WordPress Hosting Solutions on the Market Why Tech Companies Need Simpler Terms of Servic… Related Posts A Web Developer’s New Best Friend is the AI Wai…center_img Tags:#Data Services#news#NYT#web Top Reasons to Go With Managed WordPress Hosting marshall kirkpatricklast_img read more

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