How did this happen?
When the city began the process of reclaiming the land, Fauntleroy says they only assessed the value of the lot — not the entire street.
“I’m not sure how that [Fauntleroy's ownership of the street] occurs other than it was a private drive that was created through a homeowner’s association,” Trenton City Manager Marcos Nichols told WCPO News.
“The homeowner’s association was responsible for maintaining that property and upkeeping it.”
When asked why only a portion of the lot was considered for the appraisal value, Nichols replied, "I cannot speak to the appraised value."
According to Nichols, the city plans to convert the private drive — which is the only way to access several homes on the street — into a publicly maintained roadway.
Invest in real estate without the headache of being a landlord
Imagine owning a portfolio of thousands of well-managed single family rentals or a collection of cutting-edge industrial warehouses. You can now gain access to a $1B portfolio of income-producing real estate assets designed to deliver long-term growth from the comforts of your couch.
The best part? You don’t have to be a millionaire and can start investing in minutes.
Learn MoreIs this even legal?
Eminent domain does allow the government to seize private property for public use, but the law also requires just compensation for the property owner. The definition of “just compensation” is often subject to dispute.
“Don’t just take advantage of someone because they don’t have the means of getting an attorney,” Fauntleroy says.
Ohio has a long history with eminent domain, and Fauntleroy’s battle isn’t unique. In City of Norwood v. Horney, for instance, the Ohio Supreme Court ruled against the city, citing the importance of protecting property rights.
Fauntleroy’s case is different, though, as it involves converting a private drive into a public-use road. In a similar situation, the Ohio Supreme Court ruled in 2022 that eminent domain was permissible to restore access to the Newark Earthworks’ Octagon Mounds, finding the public benefit outweighed the private loss.
His best option may be to seek help from the local legal aid society, which assists lower-income individuals in accessing legal support. If successful, that could help him navigate Ohio’s eminent domain laws, push for an independent appraisal of the property and hold the city accountable.
The richest 1% use an advisor. Do you?
Wealthy people know that having money is not the same as being good with money. Advisor.com can help you shape your financial future and connect with expert guidance . A trusted advisor helps you make smart choices about investments, retirement savings, and tax planning.
Try it now