Highest and Best Use: Valuing Property for Future Development

Property owners in eminent domain actions may present evidence at trial that their property is developable for a specific use, even if that use is contrary to current conditions and zoning. The rule of valuation in an Ohio land appropriation proceeding is not what the property is worth for any particular use, but what it is worth generally for any and all uses for which it might be suitable, including the most valuable uses to which it can reasonably and practically be adapted.

Landowners need not take steps to develop their property prior to appropriation, or even have a present intent to utilize the property for the use, so long as the necessary adaptability and demand have been established by competent evidence showing more than speculation.

The appropriate evidence to establish future development potential is highly case-specific. At Holley Law, we draw upon extensive land use experience to assess the highest and best use for every property.