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Today: January 24, 2025
Today: January 24, 2025

What This Homebuyer Discovered After His Sheriff's Auction Purchase

eminent domain dispute in Ohio.
January 09, 2025
Pooja Mamnoor - LA Post

A $5,000 bargain turned into a legal nightmare for a Butler County man who discovered his sheriff's auction purchase included not just a vacant lot but an entire residential street in Trenton, Ohio.

Jason Fauntleroy planned to build a home when he bought what he thought was an empty lot at the Butler County Sheriff's Office auction in 2021. The purchase, however, came with an unexpected addition – ownership of the private drive providing sole access to several existing homes.

According to Yahoo, Fauntleroy said of his attempts to resolve the situation with city officials "they shut me out." . It's hard to even get through to anybody. It's been a nightmare."

The street, originally managed by a now-defunct homeowners association, serves as the only access point for multiple residences. Trenton city officials are now attempting to convert it into a public roadway through eminent domain proceedings, which allow governments to acquire private property for public use with compensation.

"I'm not sure how that occurs other than it was a private drive that was created through a homeowners association," Trenton city manager Marcos Nichols said, according to Yahoo. "The homeowners association was responsible for maintaining that property and upkeeping it."

The dispute centers on the property's valuation. Fauntleroy contends the city's appraisal only considered the vacant lot's worth, ignoring the value of the entire street. When questioned about the assessment methodology, Nichols said, "I cannot speak to the appraised value."

Current residents face uncertainty as the legal battle unfolds. The city's plan to convert the private drive into a public road aims to ensure continued access for homeowners, but the timeline remains unclear.

"Don't just take advantage of someone because they don't have the means of getting an attorney," Fauntleroy said, highlighting concerns about fair compensation.

Similar disputes have shaped Ohio's eminent domain landscape. In 2022, the Ohio Supreme Court permitted eminent domain use for public access to the Newark Earthworks' Octagon Mounds, prioritizing public benefit over private interests. However, in the landmark City of Norwood v. Horney case, the court ruled against governmental seizure, emphasizing property rights protection.

Legal experts suggest Fauntleroy's best recourse may be seeking assistance from local legal aid organizations to pursue an independent property appraisal and navigate the complex eminent domain process. Meanwhile, residents await resolution as the street's ownership remains in limbo.

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