Flexibility in Zoning Laws
Non-conforming uses A nonconforming use is a use of property that predates the zoning code or, after enactment, was initially permitted, only to have the code subsequently changed. The nonconforming use is allowed (O.R.C. 713.15) to continue because of the unfairness in forcing one who has invested in building in reliance on former law to be forced to cease operation and due to the fact that...Read More
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Township Zoning in Ohio
Overview In Ohio over four million people live in unincorporated townships, the majority of which have enacted zoning ordinances. Reasons include controlling what are, in the eyes of the community, inappropriate uses, dealing with growth pressures, and promoting economic development. Governing Law The authority for townships to enact zoning codes is found in Ohio Revised Code Sec. 519.02,...Read More
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Zoning in Ohio – Overview
History Zoning codes grew out of the limitations inherent in using the legal theory of nuisance as the sole tool for regulation of growth in American cities at the turn of the 19th century. In that era, if a neighbor, for instance, was affected by the operation of a smelly slaughterhouse, he or she had to file a nuisance complaint in court and let a judge decide whether the noxious activity...Read More
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Pipeline Installation and Current Use Taxation in New Hampshire
Would the installation of a pipeline pull the affected land out of the favorable “current use” valuation regime and cause it to be taxed more heavily? Background Northeast Energy Direct (NED) has applied to the Federal Energy Regulatory Commission for a license to install a natural gas pipeline across southern New Hampshire. The question has arisen as to the tax effect on an affected...Read More
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Regional Chamber Honors Johnson & Johnson with Award
The Youngstown-Warren Regional Chamber of Commerce has awarded our law firm with the ninth Canfield Area Council Business Pride Award. This award recognizes our high ethical, moral and professional standards, as well as our commitment to economic development here in Canfield. Our friends over at the Business Journal wrote a nice article about it. It’s wonderful to be recognized for our...Read More
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Joint and Survivorship rights
Joint and survivorship property is property owned by two or more people, with a special feature: at the death of one of the co-owners, that interest passes to the surviving co-owner or co-owners. For example, let’s say three people, X, Y and Z are joint owners of a piece of property with survivorship rights. In this situation, X, Y and Z each own a 1/3 interest in the property. If X...Read More
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Certificate of Transfer
When a real estate owner dies without a will, the Probate Court must determine to whom that real estate passes according to the laws of intestate succession. Once the court determines the appropriate person to take the real estate, it will issue a certificate of transfer. This document basically operates as a deed to the property, transferring the interests of the decedent to the appropriate...Read More
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What is per stirpes? What is per capita?
Ohio’s intestacy statutes identify who is entitled to take from a decedent’s estate, and in what proportion. Several of these provisions include an obscure legal term: per stirpes. Per stirpes (and its counterpart, per capita), often show up in wills, as well. Per stirpes is latin for “by the branch” while per capita is latin for “by the head.” Despite...Read More
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