INK V. CITY OF CANTON
4 Ohio St.2d 51, 212 N.E.2d 574 (1965)
NATURE OF THE CASE: This was an appeal in declaratory judgment action for an eminent
domain award.
FACTS: In 1936, the descendents of Henry Ink conveyed land to the city of Canton (D) to
use only as a public park. A second deed was given in 1941 to correct the description of the
land, but otherwise the two deeds were substantially identical. A habendum clause stated
that the land was for the use and purpose of a public park, but for no other use or purposes
whatsoever. If the land failed to be used as a park, it would be forfeited and revert to the
grantors, heirs, successors, and assigns. The state appropriated highway easements across
the land, giving D $130,822 for its interest in the property. Ink (P), a descendant of the
grantor, claimed that when the property was taken by eminent domain, it should revert to the
grantor. The trial court and the court of appeals held that P had no interest in either the
money or the remaining property. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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