Legal Opinion

O'Neil v. Board of County Commissioners

Ohio Supreme Court

Decided July 7, 1965No. Nos. 38835 and 38836PublishedCited by 8 opinions

1Opinion of the CourtSchneider, J.

We have little difficulty in concluding that a board of county commissioners may, upon the petition of a *57landowner and hy observing strictly the provisions of Sections 5553.41 to 5553.43, inclusive, Revised Code, exercise the power of eminent domain to provide a road from the lands of the petitioner to a public highway when necessary “for the use of the public” without contravening the requirements of the Ohio and federal Constitutions. See Tracey v. Preston, Dir. of Highways, 172 Ohio St. 567; May v. Ohio Turnpike Commission, 172 Ohio St. 555.

Nor is there any basis for appellees’ contention…

2Cases cited10 opinions

  1. In Matter of LandsOhio Supreme Court · 1946
  2. State Ex Rel. Allen v. FergusonOhio Supreme Court · 1951
  3. Kessler v. City of IndianapolisIndiana Supreme Court · 1927
  4. Tenesy v. City of ClevelandOhio Supreme Court · 1938
  5. Henrich v. Hoffman, JudgeOhio Supreme Court · 1947

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3Cited by8 opinions

  1. City of Norwood v. HorneyOhio Supreme Court · 2006
  2. People Ex Rel. Director of Finance v. Young Women's Christian Ass'nIllinois Supreme Court · 1981
  3. Lucas County Board of Commissioners v. City of ToledoOhio Supreme Court · 1971
  4. State Ex Rel. Stokes v. Probate Court of Cuyahoga CountyOhio Court of Appeals · 1969
  5. State ex rel. Specht v. Painesville Township Local School District Board of EducationOhio Supreme Court · 1980

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