We are seeing a lot of situations where our clients have learned that they own mineral rights that were earlier reserved by an ancestor. They typically learn of this through an oil and gas company who has researched title on a parcel they are interested in leasing (or sometimes on a parcel that has already been drilled). The company discloses who reserved the minerals and describes its...Read More
Regulating oil and gas via zoning
The last twenty years oil and gas drilling for Clinton Sandstone wells has moved into urban areas, as drilling locations in rural areas have been used up. Under the concept of “home rule” enjoyed by municipalities, cities and villages enjoy broad police powers to regulate health, safety and public welfare. As a result, a number of Ohio communities attempted...Read More
Open space preservation
Modern zoning planning has recognized the virtue of preserving open spaces, not only by establishing parks and recreation areas, but also by preserving the rural character of certain parts of communities and restraining urban sprawl. This can be accomplished in several ways. Agricultural zoning prohibits the use of land for commercial, industrial and residential...Read More
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
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.
The authority for townships to enact zoning codes is found in Ohio Revised Code Sec. 519.02,...Read More
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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