Ohio Revised Code Search

...tural, or public purposes, including recreational and cultural resources, as a means to facilitate sustainable economic growth and job creation, the chief of the division of water resources, with the approval of the director of natural resources, may issue experimental use permits. An experimental use permit may be issued in lieu of a withdrawal and consumptive use permit as determined appropriate by the chief. (B) ...

...; (B) A facility that has a new or increased withdrawal capacity above an applicable threshold amount established in section 1522.12 of the Revised Code if either of the following apply: (1) Except as provided in division (B)(2) of this section, the new or increased maximum daily withdrawal of the facility is less than the applicable threshold amount when averaged over any ninety-day period. (2) The new or incr...

...(A)(1) Transfer of a withdrawal and consumptive use permit upon the sale or transfer of a facility may occur so long as the location of the facility, the source of water, and the withdrawal and consumptive use capacities do not change. Transfer of the baseline withdrawal and consumptive use capacity of a baseline facility upon the sale or transfer of the baseline facility may occur so long as the location of the faci...

...(A)(1) The owner or operator of a facility may petition the chief of the division of water resources for either of the following: (a) Inclusion in the baseline report if the owner or operator believes that the facility was erroneously excluded from the report; (b) The amendment of the amount of a withdrawal and consumptive use or other information included in the baseline report regarding the facility if the owner ...

...tion 4.11.3 of the compact. If the plan reasonably incorporates environmentally sound and economically feasible water conservation measures applicable to the facility, it shall be deemed to be in compliance with Section 4.11.3 of the compact. (B) The chief shall keep confidential any portions of a facility water conservation plan that constitute a trade secret as defined in section 1333.61 of the Revised Code as fol...

... authorized representative may enter at reasonable times on any private or public property to inspect and investigate conditions relating to any such alleged act of noncompliance and, if necessary, may apply to the court of common pleas having jurisdiction for a warrant permitting the entrance and inspection.

...ction 1522.12 of the Revised Code to decrease its withdrawal and submit a revised ground water model under section 1522.124 of the Revised Code if either of the following applies: (1) The reported ground water monitoring data conflicts with the permittee's ground water model. (2) The results of the division of water resources' investigation of any written complaint under section 1522.25 of the Revised Code indica...

...son has violated, is violating, or is threatening to violate any provisions of this chapter, rules adopted under it, or a permit or order issued under it; (2) That the continued withdrawal or consumptive use of water under a permit issued to the person under section 1522.12 of the Revised Code will endanger the public health, safety, or welfare; (3) That the withdrawal or consumptive use of water under a permit i...

...e use of water is warranted because the reasons for suspension or revocation specified in division (A)(2) or (3) of that section, as applicable, do not apply. (D)(1) After the issuance of a final order, a person who is or will be aggrieved or adversely affected by the issuance of the order may appeal the order to the court of common pleas of Franklin county or the court of common pleas of the county in which the fa...

...tee that is a public water system to decrease its withdrawal, or prior to revoking, suspending, or amending the public water system's permit under this chapter. Nothing in this section affects a public water system's obligation to comply with Chapter 6109. of the Revised Code and the rules adopted under it.

...(A) An owner of real property that is located within the geographic area established under section 1522.125 of the Revised Code with respect to a permit issued under section 1522.12 of the Revised Code may submit a written complaint to the permittee or to the chief of the division of water resources informing the permittee or the chief that there is a diminution or interruption of the owner's water supply if both of ...

...(A) An owner of real property that is located outside the geographic area established under section 1522.125 of the Revised Code with respect to a permit issued under section 1522.12 of the Revised Code may submit a written complaint to the permittee or to the chief of the division of water resources if both of the following apply: (1) The owner obtains all or part of the owner's water supply for domestic, agricult...

...who has violated, is violating, or is threatening to violate any provision of this chapter, any rule or order adopted or issued under it, or any term or condition of a permit issued under it. (2) The attorney general shall bring the action in the court of common pleas of Franklin county or the county where the applicable facility is located. In an action for injunction, any factual findings of the chief presented a...

...s the context otherwise requires: (A) "Real estate investment trust" means a trust created by an instrument, pursuant to common law or enabling legislation, under which any estate or interest in real property is held, managed, administered, controlled, invested, reinvested, or operated by a trustee or trustees for the benefit and profit of persons who are or may become the holders of transferable certificates of ben...

...No real estate investment trust shall be authorized to transact real estate business in this state unless it fully complies with section 1747.03 of the Revised Code, except that a real estate investment trust that holds an estate or interest in real property in this state on the effective date of this section may continue to transact real estate business in this state if it fully complies with section 1747.03 of the ...

...(A) Before transacting real estate business in this state, a real estate investment trust shall file the following report in the office of the secretary of state, on forms prescribed by the secretary of state: (1) An executed copy of the trust instrument or a true and correct copy of it, certified to be such by a trustee before an official authorized to administer oaths or by a public official in another state in ...

... statutory law applicable to the trust created under it. However, no amendment adopted subsequent to the initial filings required by section 1747.03 of the Revised Code is legally effective in this state until an executed or certified true and correct copy of the amendment has been filed in the office of the secretary of state accompanied by the fee specified in division (T) of section 111.16 of the Revised Code.

... of division (C) of this section, every real estate investment trust authorized to transact real estate business in this state has the following general powers: (1) To take, hold, and dispose of any estate or interest in real or personal property; (2) To sue and be sued, complain and defend, in all courts; (3) To transact its business, carry on its operations, and exercise the powers granted by this chapter in any...

...(A) A real estate investment trust may take, hold, and dispose of any estate or interest in real property in its business name, or in the name of one or more of its trustees, or in the name of one or more of its nominees. A conveyance to a real estate investment trust in its business name shall recite that the grantee is a real estate investment trust, and the estate or interest so acquired can be conveyed by the tru...

...Real estate investment trusts are subject to all applicable provisions of law, rules of procedure, and rules of court, now in effect or hereafter enacted, relating to domestic or foreign corporations, with regard to service of process.

...A certificate of beneficial interest is a security subject to Chapter 1707. of the Revised Code.

...rwise stated in the trust instrument, a real estate investment trust authorized to transact real estate business in this state has a perpetual period of existence and is not affected by any rule against perpetuities. Nothing contained in this section shall be construed or interpreted to limit, prohibit, or invalidate any provision of a trust instrument providing that such real estate investment trust may be terminate...

...Any domestic or foreign real estate investment trust authorized to transact real estate business in this state may surrender its authority at any time by filing in the office of the secretary of state a verified copy of a resolution duly adopted by its trustees declaring its intention to withdraw, accompanied by the fee specified in division (T) of section 111.16 of the Revised Code. Such real estate investment tru...

...(A) Any real estate investment trust that transacts real estate business in this state without authority shall forfeit not less that one thousand dollars nor more than ten thousand dollars. Such forfeiture shall be recovered in an action in the name of the state brought in the court of common pleas of Franklin county, or in the court of common pleas of any county in which the trust has transacted real estate business...

...(A) The failure of any real estate investment trust to be authorized to transact real estate business in this state does not affect the validity of any contract with such trust, or the validity of the title to any estate or interest in real property taken, held, or disposed of by such trust. No real estate investment trust that should have been so authorized, nor any persons on its behalf shall maintain any action in...