Ink v. City of Canton
Supreme Court of Ohio
212 N.E.2d 574 (1965)
The descendants of Harry H. Ink conveyed to the city 33.5 acres of land to the City of Canton, Ohio (defendant), with the limitation that the land was donated “for the use and purpose of a public park, but for no other use or purpose whatsoever.” The city paid no money in exchange for the use of this land. The habendum clause specified that if the land ceased to be used as a park, the land would revert back to the Ink descendants (plaintiffs). The land was used as a park for some time until 1961, when the state, through eminent domain, took over 27 acres of the land for purposes of building a highway. The state determined the fair value of the land to be $96,247; the value of the structures built by the city to be $2,875; and the damage to the land not taken to be $31,700. The Ink descendants brought a declaratory judgment action to determine who had rights to the money. The trial court awarded the entire sum to the city, and the court of appeals affirmed. The Ink descendants appealed to the Ohio Supreme Court.
Rule of Law
Holding and Reasoning (Taft, C.J.)
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