Full Case Name
NEWELL, Plaintiff, v. OHIO DEPARTMENT OF TRANSPORTATION, Defendant
Description
The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 23 resulted in an uncompensated taking of plaintiff's property that is actionable and compensable under the Fifth Amendment to the U.S. Constitution because the light encroached upon plaintiff's property and directly resulted in his bean crop's inability to mature. The Court awarded damages to the plaintiff for the crop loss.
Date
03-06-2007
Court
Ohio Court of Claims
Jurisdiction
Ohio
Plaintiffs
Defendants
Incident Location
Wyandot County, OH
Disputed Act
Plaintiff filed suit against the Ohio Department of Transportation because he alleged the "high mast" lighting it had installed on the roadway encroached upon his property and directly resulted in his bean crop's inability to mature.
Holding
The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 23 resulted in an uncompensated taking of plaintiff's property that is actionable and compensable under the Fifth Amendment to the U.S. Constitution. The Court ordered defendant to pay damages to the plaintiff.
Disposition