Lawyers from both sides of a case set to appear before the Ohio Supreme Court will be on campus Monday to discuss one of the nation's recent hot-button issues.

According to the U.S. Constitution, the government has the ability to take privately owned land for public use.

The State of Ohio Constitution takes this idea even further, saying the land can be taken for the public welfare.

This power of government, known as eminent domain, is the topic of this upcoming debate, which is set to take place in the School of Law's Mathias H. Heck Courtroom Monday, Sept. 26, at 5 p.m.

The program will be attended by lawyers from both sides of one of the most recent cases, Norwood, Ohio v. Horney. UD property law professor Jim Durham will moderate the program.

In the case, the city of Norwood is attempting to purchase three privately owned homes so they can be replaced by an office complex, parking garage and shopping area expansion.

'It's become one of the hot topics of American politics right now,' Durham said. 'There are cases that are before several state supreme courts.'

Because the Norwood case is from Ohio, it is more interesting than most, Durham said. This is because the Ohio Constitution uses the term 'public welfare' instead of 'public use.'

'It gives a city greater leeway,' Durham said in a recent press release. 'A private development may not be used by the public, but it could benefit the public welfare by eliminating blight and increasing tax revenue.'

In the past, Durham said, the Ohio Supreme Court has allowed redevelopment in cases where there has been blight.

Blight, according to the Ohio Revised Code, is a condition that can exist for a number of reasons, including dilapidated structures, unsafe living conditions or tax delinquency, among others.

'The fundamental issue is what the government can or cannot do. This forum is for anyone concerned about the appropriateness of government power,' Durham said. 'While individuals look at this issue as one where the government is given too many rights, unfortunately, most don't worry until it happens to them.'

In fact, the issue of eminent domain may hit closer to home than many students think.

'Under Ohio law, the University of Dayton could request that the City of Dayton take houses in the student neighborhood,' Durham said.

In other words, the university could use eminent domain, through the City of Dayton, to gain control over any non-UD owned property in the neighborhoods, such as landlord-owned houses.

The first half of the discussion will focus on the case of Kelo v. New London, a U.S. Supreme Court case from last June that set the precedent of allowing states to decide when to use the power of eminent domain.

'The U.S. Constitution is a floor,' Durham said. 'State constitutions cannot give less protection than the U.S. Constitution. The message the U.S. Supreme Court sent in the Kelo case is that it is up to the states to decide the extent to which eminent domain may be used to acquire privately owned property and turn it over to private developers.'

The second half of the discussion will focus on the Norwood case.

The event is free and open to the public.