Mandamus: A Tool to Compel the Government to Pay for Regulatory Takings

The United States and Ohio Constitutions guarantee that private property shall not be taken for public use without just compensation. There are several ways in which the government may seek to take private property, and property owners should consider strategies available to challenge and seek compensation for these takings.

Not all eminent domain lawsuits start with the government filing an appropriation action. Sometimes, the landowner must file first. This can be the case for regulatory takings.

With regulatory takings, the government enacts a regulation of private property that is so onerous that it is tantamount to condemnation. In determining whether a regulatory taking has occurred, courts will evaluate the degree to which the regulation burdens private property, among other factors. There are other considerations relating to the right to take that should be analyzed in these scenarios; for example, in Ohio, a municipality has no authority to appropriate property outside its jurisdictional limits.

In instances where the government has taken property without initiating appropriation proceedings, one vehicle to compel the government to provide just compensation is via a mandamus action. If you believe that the government’s regulations are tantamount to a “taking” of your private property, you should consult with an eminent domain attorney. Sophia Holley may be contacted directly at (513) 776-7935 or by email at sh@holleylaw.com.