Couple Wins Eminent Domain Battle - Jury rules state must pay $265,000 for property taken to widen Ohio 16
 
February 7, 2004
 
By Tonya Shipley, staff writer
 
tshipley@nncogannett.com or 740-450-6767
 
Zanesville Times Recorder
 
34 South Fourth Street
 
Zanesville, Ohio 43701
 
 
To submit a Letter to the Editor: jmaddux@nncogannett.com
 
Zanesville, Ohio - After a nearly four year battle, a local family has won a case against the state of Ohio.

David and Debbie Crawford sued the state over a case of eminent domain when part of their Cass Township property was taken by the state for the new Ohio [Highway] 16.

Friday, after more than three days of testimony a Muskingum County jury ruled in the Crawfords favor, awarding them approximately $265,000 for the value of their property, a gas well which was on it and interest.

Columbus attorneys, Gus Shihab and Robert Mann, of Shihab and Associates, who represented the Crawfords said the state took about 16 acres of the Crawfords' property, located at 4210 Cass Irish Ridge Road, which ended up splitting their lot with 48 acres on one side of the highway and eight acres on the other.

"One of the main disparities was in the appraisals," Mann said.

The state had originally offered the Crawfords $84,700 for the property after they had it appraised by Robert Garvin. The Crawfords had an independent appraisal done, which showed the value was more than $100,000.

Mann said the state's contention was that the highway splitting the property did not reduce the value of the property.

The Ohio Attorney General's Office, which represented the state, did not comment.

"It's unfortunate the state put them through this, especially with such a clear fallacy with the appraisals," Mann said.

Shihab said the Crawfords offered very emotional testimony about their property and their ordeal.

It took a jury about three hours to come to a decision. Shihab said the jury gave the Crawfords $168,000 for the property, $59,000 for the value of a gas well which was on the property and interest which brought the total to about $265,000.

However, the fight may not be over as the state can appeal the decision.

"We hope they do not appeal," Shihab said.

The attorneys also feel this is a case which should serve as an example of a change they would like to see in the law.

Mann said many states -- such as Florida -- have laws where in eminent domain cases if the appraised value of a person's property is shown to be 10 percent more than what the state has offered, then in these cases the state should have to pay for the plaintiff's attorney fees and expenses associated with having an independent appraiser and expert witnesses.

The Crawfords are thankful for their attorneys' assistance.

"We could not have done it without them," said David Crawford, about his attorneys.

The family was also appreciative of the jury. Crawford said the family wanted to thank the jury for their time and was happy to get the chance to talk to them afterward and know that the jury believed their side.

He said the family did not wish to discuss the case at this time.

"Right now we want a little peace and quiet," he said. "I just want to say we have always put Jesus Christ first in our lives."

 

Copyright 2004 Times Recorder