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Ohio Supreme Court Trashes Parcel-as-a-Whole Rule
State ex rel. R.T.G., Inc. v. State, No. 01-748 (Ohio, Dec. 18, 2002)

In a a radical departure from Tahoe and decades of other precedent, the Ohio Supreme Court has ordered the state to compensate a mining company for the value of coal rights it claimed were taken to protect a village's drinking water supply. The fractured plurality opinion expressly refused to apply U.S. Supreme Court precedent on the severability of coal rights from other property interests, ruling that the Ohio Takings Clause affords takings claimants greater protection than the similarly worded federal Takings Clause.

 

Because surface mining threatened the sole source aquifer that supplies drinking water for the Village of Pleasant City, Ohio, the state declared 833 acres unsuitable for mining, much of which was owned by RTG in fee simple or through purchase or lease of mineral rights. RTG filed a takings challenge to compel the state to appropriate its coal interest in the restricted area.

Click here for more information on RTG.

 
     

CRC's Amicus Brief on behalf of Pleasant City (PDF)

CRC's Reply Brief (PDF)

Motion of Amici Curiae for Leave to File an Amicus Brief (PDF)

Media Coverage
The Columbus Dispatch, January 13, 2003
The Plain Dealer, December 30, 2002

 

 

 

 

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