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STATE EX REL. HILLTOP BASIC RESOURCES, INC. v. CITY OF CINCINNATI

No. C-050774.

167 Ohio App.3d 798 (2006)

The STATE of Ohio ex rel. HILLTOP BASIC RESOURCES, INC. et al. v. CITY OF CINCINNATI.

Court of Appeals of Ohio, First District, Hamilton County.

Decided June 30, 2006.

Attorney(s) appearing for the Case

Gary E. Powell and Timothy M. Burke, for relator Hilltop Basic Resources, Inc.

Michael P. McNamee and Gregory B. O'Connor, for relator Queensgate Terminals, L.L.C.

Julia L. McNeil, City Solicitor, and Geri Hernandez Geiler, Senior Assistant City Solicitor, for respondent.

MARK P. PAINTER, Judge.

{¶ 1} When the government takes property, it must pay compensation. And taking isn't limited to physical confiscation—it can also be by impairing the property's value by, as here, cutting off access.

{¶ 2} In this case, the city of Cincinnati has denied access to a piece of property, leaving it landlocked—and not just figuratively, but literally: the only access would be by boat. Cincinnati...

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