Title

The "Modified" Takings Test of Goldberg v. Richmond Heights: Why the Ohio Supreme Court Didn't Get It Quite Right

Document Type

Article

Publication Date

1998

Publication Title

Babbit's Ohio Municipal Service

Keywords

zoning regulation, takings clause, due process, fifth amendment

Abstract

On March 11th, 1998, the Ohio Supreme Court unanimously agreed to "modify" the much-criticized "two part conjunctive test" that the Court has used for nearly a decade to determine the validity of challenges to land-use regulations based on the due process or "takings" clauses of the Fifth Amendment as applied to the states by the Fourteenth Amendment. While the ruling in Goldberg Cos. v. Richmond Hts. City Council, 81 Ohio St. 3d 207, 690 N.E.2d 510 (1998), has remedied the most egregious error in the Court's approach to such challenges, the decision reveals that the Court remains confused on the remedial issues these challenges raise.

Volume

10

Issue

3

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