State must compensate for foreseeable property damage resulting from construction project.(Recent Court Decisions)

Property damage resulting from the state's construction project was compensable only to the extent it was foreseeable by the state, according to the Supreme Court of Ohio.

In 2001, the Ohio Department of Transportation (DOT) commenced a construction project to upgrade and widen State Route 5 in the city of Courtland. Through separate condemnation actions, the DOT acquired land for the project from the Kardassilaris family and from the Blank family (collectively, Plaintiffs). In addition to the condemned property, the DOT obtained temporary easements over the Plaintiffs' parcels for workers to use during the construction.

In 2004, after construction was completed, the Plaintiffs filed inverse condemnation claims seeking compensation for property damage caused by the construction workers. Specifically, the Plaintiffs sought writs of mandamus to compel the DOT to appropriate the damaged property; such writs fall within the original jurisdiction of the state supreme court.

The DOT argued that Plaintiffs' property damage did not amount to a taking because it was caused by the negligence of the state contractor and not by any state action. The state supreme court agreed in part. The court held that the Plaintiffs were entitled to compensation for damage caused by the operation and parking of heavy construction equipment on their property. The court found that, given the size and weight of the equipment involved, such damage was the foreseeable result of the construction and therefore in furtherance of the public purpose.

In contrast, the court held that property damage resulting from the contractor's negligence, such as a broken gas line, was not compensable. Because the DOT's project could have been completed without them, the negligent damages were not the result of state action, according to the court. The court thus granted the writ with respect to the equipment damages and denied the writ otherwise.

State ex rel. Blank v. Beasley

Supreme Court of Ohio

March 5, 2009

903 N.E.2d 1196 (Ohio 2009)

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