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IN RE APPROPRIATION BY OHIO TURNPIKE COMMISSION

Nos. 34430 and 34431.

164 Ohio St. 377 (1955)

IN RE APPROPRIATION BY OHIO TURNPIKE COMMISSION: OHIO TURNPIKE COMMISSION, APPELLANT, v. ELLIS, APPELLEE, ET AL. (Two cases.)

Supreme Court of Ohio.

Decided December 28, 1955.

Attorney(s) appearing for the Case

Mr. Frank C. Dunbar, Jr., and Messrs. Fuller, Harrington, Seney & Henry, for appellant.

Messrs. Winter & Frank, for appellee.

ZIMMERMAN, J.

The power of eminent domain is the power of the nation or a sovereign state to take, or to authorize the taking of, private property for a public use without the owner's consent, conditioned upon the payment to the owner of just compensation. By Section 1208, General Code (Section 5537.06, Revised Code), the General Assembly has authorized and empowered the Ohio Turnpike Commission to appropriate private...

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