Ziegler v. Ohio Water Service Co.

Upon occasion, this court has been confronted with the problem of determining whether a particular use of property subject to an easement, for highway purposes, amounts to an additional burden or servitude entitling its owner to added compensation. It is clear that if there is an added burden or servitude, Section 19 of Article I of the Constitution of Ohio requires that the property owner be compensated. In the absence of a finding of an added burden or servitude, that constitutional guarantee is inapplicable.

The question presented in the instant case, coupled with the dynamic impact of the…