City of Worthington v. City of Columbus

796 N.E.2d 920, 100 Ohio St. 3d 103
CourtOhio Supreme Court
DecidedOctober 15, 2003
DocketNo. 2002-1106
StatusPublished
Cited by6 cases

This text of 796 N.E.2d 920 (City of Worthington v. City of Columbus) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Worthington v. City of Columbus, 796 N.E.2d 920, 100 Ohio St. 3d 103 (Ohio 2003).

Opinions

Moyer, C.J.

{¶ 1} Appellant, city of Worthington, initiated two separate actions claiming a right to exercise eminent domain over five acres of real property owned by the city of Columbus. The property is situated within the municipal corporate boundaries of Worthington and lies along the eastern edge of the Olentangy River on the boundary between Worthington and Columbus.

{¶ 2} Columbus acquired the five acres of land in 1968 as part of a 38-acre parcel. The acquisition was financed with federal funds granted on the condition that the land be used as open space. The land thereafter became known as Rush Run Park. Another Columbus park, Antrim Park, is situated directly to the north and west of Rush Run Park, within Columbus.

{¶ 3} Worthington first sought a declaratory judgment that would recognize its authority as a chartered municipal corporation to appropriate five acres of Rush Run Park. Worthington owns the Walnut Grove Cemetery, which abuts the eastern boundary of the five acres at issue, and alleged that it has an immediate need to expand the cemetery. Worthington hopes to sell grave sites on the land to the general public.

{¶ 4} In response, Columbus asserted that it had acquired the land adjacent to the cemetery for use as a public park and has maintained the land continuously for that purpose. Columbus denied that Worthington was entitled to acquire title to the property through eminent domain.

{¶ 5} Thereafter, Worthington initiated separate eminent domain proceedings in the Franklin County Court of Common Pleas by filing a petition to appropriate the five acres of property. In response, Columbus denied that Worthington possessed a legal right to take its parkland for cemetery use, asserting that Worthington’s proposed use would destroy the existing public use of the land. Columbus asserted that it currently uses the property as a public park and natural area as defined in R.C. 1517.01.1

{¶ 6} The trial court consolidated the two actions, and each party filed a motion for summary judgment. The trial court determined that Worthington could not [105]*105appropriate the five acres through eminent domain and entered summary judgment in favor of Columbus.

{¶ 7} The Tenth District Court of Appeals affirmed. Its judgment is before us upon the allowance of a discretionary appeal.

{¶ 8} In 1912, the people of Ohio amended the Ohio Constitution to provide, “Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.” (Emphasis added.) Section 3, Article XVIII, Ohio Constitution. Article XVIII is commonly referred to as the Home Rule Amendment.

{¶ 9} We have consistently held that the constitutional grant of “all powers of local self-government” to municipalities includes the power of eminent domain. State ex rel Bruestle v. Rich (1953), 159 Ohio St. 13, 32, 50 O.O. 6, 110 N.E.2d 778. Worthington asserts a right to exercise eminent domain based solely on the power of local self-government vested in it by Section 3 of the Home Rule Amendment; it does not assert any statutory rights to employ eminent domain it may have. Cf. R.C. Chapter 719. Columbus counters that its prior and current use of the property for public purposes precludes the exercise of eminent domain by Worthington.

{¶ 10} In Blue Ash, this court observed: “It is a general rule, and one of long standing, that when a condemnor, to which the power of eminent domain is given by law, seeks to exercise its power with respect to property already devoted to public use, its action may be enjoined if the proposed use will either destroy the existing use or interfere with it to such an extent as is tantamount to destruction, unless the law has authorized the acquisition either expressly or by necessary implication.” Id. at 351, 19 O.O.2d 274, 182 N.E.2d 557. This rule is commonly denominated the “prior public use” rule or doctrine. See, e.g., Las Cruces v. El Paso Elec. Co. (1998), 124 N.M. 640, 954 P.2d 72; Naiman, Judicial Balancing of Uses for Public Property: The Paramount Public Use Doctrine (1990), 17 B.C.EnvtLAffairs L.Rev. 893, 896; Arena, The Accommodation of “Occupation” and “Social Utility” in Prior Public Use Jurisprudence (1988), 137 U.Pa.L.Rev. 233.

{¶ 11} Worthington asserts that the constitutional status of home rule precludes application of the prior public use doctrine to preclude it from taking property within its boundaries through eminent domain. We disagree.

{¶ 12} In Blue Ash, the court applied the prior public use doctrine in a case where a city attempted to condemn property it owned outside its corporate limits pursuant to Section 4, Article XVIII, Ohio Constitution, commonly called the Utility Clause.2 This clause vests municipalities with power to acquire property [106]*106“within or without its corporate limits, * * * by condemnation or otherwise,” for the purpose of providing public utility services to its inhabitants. (Emphasis added.) Britt v. Columbus (1974), 38 Ohio St.2d 1, 67 O.O.2d 1, 309 N.E.2d 412, paragraph three of the syllabus.

{¶ 13} Worthington thus correctly argues that Blue Ash is factually distinguishable from the case at bar. Blue Ash involved application of the prior public use doctrine to preclude a taking where the subject property was situated outside the corporate limits of the condemning municipality. In this case, the condemning city seeks to take property located within its limits.

{¶ 14} The distinction does not further Worthington’s cause. The Utility Clause grants specific authority to condemn property both within and without corporate limits. Such an express grant of power would seem to present a stronger case for disregarding the prior public use doctrine than in a case where the power to condemn is grounded in the more indirect vesting of authority as a “power of local self-government.” However, the court in Blue Ash nevertheless employed the doctrine to enjoin a taking that would have destroyed a prior, and existing, public use.

{¶ 15} Moreover, the prior public use doctrine was subsequently applied in Northwood v. Wood Cty. Regional Water & Sewer Dist. (1999), 86 Ohio St.3d 92, 711 N.E.2d 1003. In that case, a municipality claimed authority to condemn property located within its corporate limits based on the Utility Clause. Precedent clearly supports the conclusion that the doctrine of prior public use applies in condemnation proceedings against property within and without the municipal limits of a condemning city.

{¶ 16} Further, the Utility Clause does not apply to the case at bar as it did in both Blue Ash and Northwood. Worthington does not seek to take title to part of Rush Run Park in order to provide its residents with utilities. Worthington instead asserts authority to condemn property within its corporate limits as a prerogative of self-government pursuant to Section 3, Article XVIII, Ohio Constitution. It argues that the prior public use doctrine should not be applied in these circumstances.

{¶ 17} In both Blue Ash and Northwood,

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Cite This Page — Counsel Stack

Bluebook (online)
796 N.E.2d 920, 100 Ohio St. 3d 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-worthington-v-city-of-columbus-ohio-2003.