Property Rights

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Eminent Domain Abuse Continuing Along Ohio Pipeline Route

1851 Center stops abuse in Licking County, offers free assistance to property owners threatened with taking of property by private pipeline corporation Columbus, OH – The 1851 Center for Constitutional Law today condemned a private pipeline…
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Legal Center Move to Protect Rights of Ohio Gold and Silver Dealers to do Business

Regulations prohibit advertising and impose warrantless searches Columbus, OH – The 1851 Center for Constitutional Law today moved in federal court to immediately enjoin the state from enforcing the “Ohio Precious Metals Dealers Act,”…

Jackson v. Bartec

This case is brought on behalf of Zeno’s Victorian Village, a family-owned Columbus tavern. The Center argues the smoking ban unconstitutionally deprives business owners of fundamental property rights. It also argues that the state health…
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Cincinnati Public Schools v. Conners

Cincinnati Public Schools has a policy of prohibiting the use of vacant public school buildings by charter schools and private schools. Historical Overview Theodore Roosevelt School, in Cincinnati, had purchased an unused school building…
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Merrill v. State of Ohio Department of Natural Resources

September 14, 2011 - Ohio Supreme Court Protects Property Rights The court held that the State of Ohio extends to the natural shoreline, which is "the line at which the water usually stands when free from disturbing causes." The court reiterated…
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Drees Company v. Hamilton Township

Ohio Townships do not have the power to levy taxes.  That's why they call them "fees." This case argues that "fees" on new homeowners and developers are really taxes and are unconstitutional. Timeline February 14, 2011 - 1851 Center Files…

Moto Verde and the Village of Fairfax

In July 2009, the 1851 Center advised the Village of Fairfax, an enclave in the city of Cincinnati, that it had violated the constitutional rights of Moto Verde. Moto Verde is a motor scooter shop, but the village had classified it as an automobile…
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Pour House Inc., v. Ohio Department of Health

A victory came on October 19, 2009 for Ohio bars and restaurants facing fines for breaking the state smoking ban. Up to that point, enforcement methods essentially required small businesses to enforce the smoking ban for the government. The…

Manna Storehouse v. Ohio Department of Agriculture

On the morning of December 1, 2008, law enforcement officers forcefully entered the Stowers' residence, without first announcing they were police or stating the purpose of the visit. With guns drawn, officers swiftly and immediately moved to…