State ex rel. E. Ohio Gas Co. v. Stark Cty. Bd. of Commrs.
2012 Ohio 4533
Ohio Ct. App.2012Background
- Stark County acquired a 40-foot right-of-way known as Applegrove Street in 1848, with subsurface rights reserved to adjacent landowners.
- Dominion East Ohio Gas Co. obtained pipeline easements from adjacent landowners (1933–1966) to install pipelines through and under Applegrove Street, including subsurface interests.
- In 2007, Stark County’s road-widening project required relocation of Dominion’s pipelines located beneath and adjacent to Applegrove Street, with relocation costs about $326,492.14.
- Dominion filed a 2011 mandamus action seeking court-ordered eminent-domain proceedings and compensation for relocation costs.
- The trial court denied the writ and dismissed the complaint in January 2012; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether St. Albans control applies to this case | Dominion argues St. Albans controls. | St. Albans is distinguishable or wrongly decided. | St. Albans overruled; not controlling. |
| Whether the complaint states a mandamus claim for takings/compensation | Dominion asserts a compensable taking under the Ohio Constitution and related case law. | County argues no compensation or takings claim is provable under current law; dismissal appropriate. | Dismissal affirmed; complaint fails to state a cognizable taking claim. |
| Whether Dominion’s subsurface easement rights extend beyond the surface road right-of-way | Dominion claims subsurface rights within its easement; superior to county’s. | St. Albans wrongly decided; easement scope does not confer required compensation rights. | St. Albans overruled; no compensable taking found. |
Key Cases Cited
- St. Albans Tp. Bd. of Trustees v. Columbia Gas Transmission Corp., 116 Ohio App.3d 349 (5th Dist. 1997) (overruled as controlling precedent; subsurface rights addressed)
- New Orleans Gaslight Co. v. Drainage Comm’n of New Orleans, 197 U.S. 453 (1905) (relocation costs of utilities within public rights of way not compensable)
- Ohio Bell Tel. Co. v. Watson, 112 Ohio St. 385 (1925) (earlier view on highway easements and subsurface rights)
- Callen v. Columbus Edison Elec. Light Co., 66 Ohio St. 166 (1902) (easement scope and subsurface rights related to public highways)
- Ziegler v. Ohio Water Service, 18 Ohio St.2d 101 (1969) (highway easement creates surface and subsurface rights; implicit overruling of contrary lines)
- State ex rel. Blank v. Beasley, 121 Ohio St.3d 301 (2009) (takings framework; compensation limits under Ohio Constitution)
- State ex rel. Doner v. Zody, 130 Ohio St.3d 446 (2011) (two-part test for inverse condemnation; government action must invade protected interest and be of substantial nature)