Blackman v. City of Cincinnati

Appellants base their rights of recovery solely on the ground “that whenever the sovereignty, or any of its instrumentalities, in the performance of governmental functions, appropriates private property for public use, that sovereignty or instrumentality must make compensation therefor,” citing Section 19, Article I of the Constitution of Ohio.

“Eminent domain” is the power of the state, or an agency designated by the state, to take private property for a necessary public use, and its exercise depends upon the existence of a statute which either by express words or plain implication authorizes…