The "Modified" Takings Test of Goldberg v. Richmond Heights: Why the Ohio Supreme Court Didn't Get It Quite Right
Babbit's Ohio Municipal Service
zoning regulation, takings clause, due process, fifth amendment
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.
Weinstein, Alan C., "The "Modified" Takings Test of Goldberg v. Richmond Heights: Why the Ohio Supreme Court Didn't Get It Quite Right" (1998). Law Faculty Articles and Essays. 556.