Ohio Revised Code Search

...n unit operations, under sections 1509.26 to 1509.28 of the Revised Code, in which the mineral interest is participating, provided that the instrument or order creating or providing for the pooling or unitization of oil or gas interests has been filed or recorded in the office of the county recorder of the county in which the lands that are subject to the pooling or unitization are located. (c) The mineral int...

...ut the consent of the mortgagee, vendor under the land contract, or other person authorized to give such consent.

... of solar energy collection devices to sunlight, any person may grant a solar access easement. Such easements shall be in writing and shall be subject to the same conveyance and recording requirements as other easements. Any instrument that grants a solar access easement shall include: (A) A description of the real property burdened and benefited by the solar access easement; (B) A description of the limits in hei...

...aining their use predominantly as suitable habitat for fish, plants, or wildlife; that imposes any limitations on the use or development of the areas that are appropriate at the time of creation of the conservation easement to achieve one or more of those purposes; and that includes appropriate provisions for the holder to enter the property subject to the easement at reasonable times to ensure compliance with its pr...

..., a municipal corporation, or a charitable organization that is authorized to hold conservation easements by division (B) of section 5301.69 of the Revised Code, in the form of articles of dedication, easement, covenant, restriction, or condition. An owner of land also may grant an agricultural easement to the director of agriculture; to a municipal corporation, county, township, or soil and water conservation distri...

...der section 307.02, 307.18, 505.10, 505.261, 511.23, 717.01, 940.06, 1501.01, 1545.11, 6101.15, or 6119.111 of the Revised Code. Each officer, board, or authority acquiring a conservation easement shall name an appropriate administrative officer, department, or division to supervise and enforce the easement. (B) A charitable organization may acquire and hold conservation easements if it is exempt from federal taxati...

...l Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. (C)(1) Subject to division (F) of this section, the board of supervisors of a soil and water conservation district, with moneys in any fund not required by law to be used for other specified purposes or with moneys provided to the board through matching grants made under section 901.22 of the Revised Code for the purchase of agricultural easements, m...

... section 5713.30 of the Revised Code or entering into contracts to lease or rent the land or interests in land so held to persons or governmental entities who will use the land predominantly in agriculture.

...nservation easements are not unenforceable for lack of privity of contract or estate or lack of benefit to a particular dominant estate. Conservation easements are assignable to another entity authorized to hold conservation easements. Nothing in sections 5301.67 to 5301.70 of the Revised Code affects the enforceability of any article of dedication, restriction, easement, covenant, or condition that does not meet th...

...rposes that is authorized to receive remuneration from a tenant under an agricultural lease agreement, and has entered into, or has actual or constructive knowledge of, an agricultural lease agreement. (4) "Tenant" means the person entitled under an agricultural lease agreement to use real property for agricultural purposes to the exclusion of all others. (B)(1) Notwithstanding anything in Chapter 1335. of the Re...

.... or 3734. of the Revised Code or any rule adopted under those chapters, including the use or reservation of soil to be used in the performance of the corrective action, closure, or post-closure care; (b) A removal or remedial action pursuant to the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, et seq., as amended, or any regulation adopted under ...

...property. However, a right of an agency under sections 5301.80 to 5301.92 of the Revised Code or under an environmental covenant, other than a right as a holder, is not an interest in real property.

...e applicable agency, every holder, and, unless waived by the agency, every owner of the fee simple of the real property that is subject to the environmental covenant; (8) An identification of the name and location of any administrative record for the environmental response project pursuant to which the environmental covenant is created. (B) In addition to the information required by division (A) of this section, an...

...o the environmental covenant; (4) Each unit of local government in which the real property that is subject to the environmental covenant is located; (5) Any other person that the agency requires. (B) The validity of an environmental covenant is not affected by failure to provide a copy of the environmental covenant as required under this section.

...An agency is bound by any obligation that it expressly assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations that the person assumes in the environmental covenant, but signing the environmental covenant does not change obligations, rights, or protections that are gra...

...herwise effective is valid and enforceable even if any of the following limitations on enforcement of interests applies: (1) It is not appurtenant to an interest in real property. (2) It can be or has been assigned to a person other than the original holder. (3) It is not of a character that has been recognized traditionally at common law. (4) It imposes a negative burden. (5) It imposes an affirmative obligatio...

...affected by an environmental covenant unless the person that owns the interest agrees to subordinate that interest to the environmental covenant. (B) Sections 5301.80 to 5301.92 of the Revised Code do not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant. (C) A subordination agreement may be contained in an environmental cov...

... real property, or by a recorded instrument that has priority over an environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than sections 5301.80 to 5301.92 of the Revised Code.

...t shall be filed in the office of the county recorder of each county in which the real property that is subject to the environmental covenant is located and shall be recorded in the same manner as a deed to the property. For purposes of indexing, a holder shall be treated as a grantee. (B) Pursuant to Chapter 5309. of the Revised Code, an environmental covenant and any amendment or termination of the environmental c...

...n environmental covenant is perpetual unless any of the following applies: (1) The environmental covenant is limited by its terms to a specific duration or is terminated by its terms by the occurrence of a specific event. (2) The environmental covenant is terminated by consent pursuant to section 5301.90 of the Revised Code. (3) The environmental covenant is terminated pursuant to division (B) of this section. (4...

...g: (1) The applicable agency; (2) Unless waived by that agency, the current owner of the fee simple of the real property that is subject to the environmental covenant; (3) Each person that originally signed the environmental covenant unless one or more of the following apply: (a) The person waived in a signed record the right to consent; (b) A court finds that the person no longer exists or cannot be l...

...er equitable relief for violation of an environmental covenant may be maintained by any of the following: (1) A party to the environmental covenant specified in division (A) of section 5301.90 of the Revised Code that is not otherwise specified in divisions (A)(2) to (7) of this section; (2) The environmental protection agency; (3) The applicable agency if it is other than the environmental protection agency...

...64 (2000), 15 U.S.C. 7001 et seq., as amended, except that sections 5301.80 to 5301.92 of the Revised Code do not modify, limit, or supersede section 101 of that act, 15 U.S.C. 7001(a), as amended, or authorize electronic delivery of any of the notices described in section 103 of that act, 15 U.S.C. 7003(b), as amended.

... residential dwelling of three or fewer units. (3) "Residential PACE lien" means the encumbrance on the qualifying residential real property created by the special assessment for a residential PACE loan. (4) "Residential PACE loan" means the extension of financing that is offered to pay for the installation of cost effective energy improvements on a homeowner's qualifying residential real property and is repayabl...

...e of this section is void ab initio and unenforceable. (C) A right-to-list home sale agreement described in division (B) of this section is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. A residential real estate owner that enters into such a right-to-list home sale agreement has a cause of action against any other party to that agreement and is entitled to the same rel...