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STATE EX REL. OTR v. CITY OF COLUMBUS

No. 95-611.

76 Ohio St.3d 203 (1996)

THE STATE EX REL. OTR ET AL., APPELLANTS, v. CITY OF COLUMBUS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 31, 1996.

Attorney(s) appearing for the Case

Benesch, Friedlander, Coplan & Aronoff, Orla E. Collier, James F. DeLeone and Roger L Schantz, for appellants.

Daniel W. Drake, First Assistant City Attorney, and John C. Klein III, Chief Real Estate Attorney, for appellees.

DOUGLAS, J.

Section 19, Article I of the Ohio Constitution provides that "[p]rivate property shall ever be held inviolate, but subservient to the public welfare. * * * [W]here private property shall be taken for public use, a compensation therefor shall first be made in money * * * and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner." Similarly, the Fifth Amendment to the United States Constitution guarantees...

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