Ink v. City of Canton
Supreme Court of Ohio
212 N.E.2d 574 (1965)
Relevant factsFree
The Ink descendants' (plaintiffs) ancestor donated 33.5 acres to the City of Canton (defendant) solely for park use, with the land to revert to the descendants if that use ever ceased; the city paid nothing for the land. After decades of park use, the state took 27 acres by eminent domain for a highway, paying substantial compensation for the land, structures, and damage to the remaining acreage; the trial court and court of appeals awarded the entire sum to the city, and the descendants appealed.
IssueFree
Whether the grantor of land donated for a restricted use, subject to a right of reverter, is entitled to any portion of eminent domain compensation paid when the land is taken.