Full Case Name
SMALLEY, v. OHIO DEPARTMENT OF TRANSPORTATION, DISTRICT 1
Description
The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 30 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 for the crop loss.
Date
03-15-2007
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 soybean crop's inability to mature.
Holding
The Court found that the lights installed by Ohio's Department of Transportation on U.S. Route 30 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