Ohio Revised Code Search
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Section 5301.61 | Removal of fixtures or improvements from mortgaged realty.
...No person having an interest in real property, buyer, lessee, tenant, or occupant of real property, knowing that such real property is mortgaged or the subject of a land contract, shall remove, or cause or permit the removal of any improvement or fixture from such real property without the consent of the mortgagee, vendor under the land contract, or other person authorized to give such consent. |
Section 5301.63 | Solar access easement requirements.
...For the purpose of ensuring adequate access 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 easeme... |
Section 5301.67 | Conservation, agricultural easement definitions.
...As used in sections 5301.67 to 5301.70 of the Revised Code: (A) "Conservation easement" means an incorporeal right or interest in land that is held for the public purpose of retaining land, water, or wetland areas predominantly in their natural, scenic, open, or wooded condition, including, without limitation, the use of land in agriculture when consistent with and in furtherance of the purpose of retaining those ar... |
Section 5301.68 | Granting conservation or agricultural easement.
...An owner of land may grant a conservation easement to the department of natural resources, a park district created under Chapter 1545. of the Revised Code, a township park district created under section 511.18 of the Revised Code, a conservancy district created under Chapter 6101. of the Revised Code, a soil and water conservation district created under Chapter 940. of the Revised Code, a regional water and sewer dis... |
Section 5301.69 | Who may acquire conservation or agricultural easement.
...(A) The director of natural resources, the board of park commissioners of a park district created under Chapter 1545. of the Revised Code, the board of park commissioners of a township park district created under section 511.18 of the Revised Code, the board of directors of a conservancy district created under Chapter 6101. of the Revised Code, the board of supervisors of a soil and water conservation district create... |
Section 5301.691 | Director of agriculture purchase of agricultural easements.
...(A)(1) Subject to divisions (A)(2) and (F) of this section, the director of agriculture, with moneys credited to the agricultural easement purchase fund created in section 901.21 of the Revised Code, may purchase agricultural easements in the name of the state. (2) Not less than thirty days prior to the acquisition of an agricultural easement under division (A)(1) of this section or the extinguishment of such an eas... |
Section 5301.692 | Holding land or interests in land for purpose of retaining use of land predominantly in agriculture.
...The legislative authority of a municipal corporation, board of county commissioners of a county, or board of township trustees of a township, in addition to the legislative authority's or board's other powers, may hold land or interests in land for the purpose of retaining the use of the land predominantly in agriculture. The authority and boards may do all things necessary or appropriate to achieve that purpose, in... |
Section 5301.70 | Enforcement of conservation easement.
...Conservation 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 ... |
Section 5301.71 | Termination of agricultural leases.
... (A) As used in this section: (1) "Agricultural lease agreement" means an agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions between a landlord and tenant concerning the use and occupancy of real property by one of the parties for agricultural purposes. (2) "Agricultural purposes" means the use and occupancy of real property for the planting, gr... |
Section 5301.80 | Environmental covenants - definitions.
... As used in sections 5301.80 to 5301.92 of the Revised Code: (A) "Activity and use limitations" means restrictions or obligations created under sections 5301.80 to 5301.92 of the Revised Code with respect to real property. (B) "Agency" means the environmental protection agency or any other state or federal agency that determines or approves the environmental response project pursuant to which an environmental c... |
Section 5301.81 | Holder of environmental covenant.
...(A) Any person, including a person that owns an interest in the real property that is the subject of an environmental covenant, may be a holder. An environmental covenant may identify more than one holder. (B) The interest of a holder is an interest in real 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,... |
Section 5301.82 | Contents of environmental covenant - required signatures.
... (A) An environmental covenant shall contain all of the following: (1) A statement that the instrument is an environmental covenant executed pursuant to sections 5301.80 to 5301.92 of the Revised Code; (2) A legally sufficient description of the real property that is subject to the environmental covenant; (3) A description of the activity and use limitations on the real property; (4) Requirements for notice follo... |
Section 5301.83 | Copies of environmental covenant to be provided.
... (A) A copy of an environmental covenant shall be provided to all of the following in a manner required by the applicable agency: (1) Each person that signed the environmental covenant; (2) Each person holding a recorded interest in the real property that is subject to the environmental covenant; (3) Each person in possession of the real property that is subject to the environmental covenant; (4) Each unit of loc... |
Section 5301.84 | Obligations under environmental covenant.
...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... |
Section 5301.85 | Environmental covenant runs with land - enforceability.
... (A) An environmental covenant that complies with sections 5301.80 to 5301.92 of the Revised Code runs with the land. (B) An environmental covenant that is otherwise 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. ... |
Section 5301.86 | Antecedent interests in real property - subordination agreement.
...With respect to interests in real property in existence at the time that an environmental covenant is created or amended, all of the following apply: (A) An interest that has priority under other law is not 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 requir... |
Section 5301.87 | Zoning regulations and prior instruments.
...Sections 5301.80 to 5301.92 of the Revised Code do not authorize a use of real property that is otherwise prohibited by zoning, by law other than sections 5301.80 to 5301.92 of the Revised Code regulating use of 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 ot... |
Section 5301.88 | Filing and recording of environmental covenants.
... (A) Except as otherwise provided in division (B) of this section, an environmental covenant and any amendment or termination of the environmental covenant 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 t... |
Section 5301.89 | Environmental covenant perpetual - exceptions - judicial termination - limitation.
...(A) An 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... |
Section 5301.90 | Amendment or termination of environmental covenant by consent - assignment.
... (A) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by all of the following: (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 a... |
Section 5301.91 | Civil action for violation - regulatory authority - liability.
... (A) A civil action for injunctive or other 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... |
Section 5301.92 | Preemption of federal electronic signatures statute.
...Sections 5301.80 to 5301.92 of the Revised Code modify, limit, or supersede the "Electronic Signatures in Global and National Commerce Act," 114 Stat. 464 (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 se... |
Section 5301.93 | Residential PACE lien priority.
... (A) As used in this section: (1) "PACE" means property assessed clean energy. (2) "Qualifying residential real property" means a single family residential dwelling, or other 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 ... |
Section 5301.94 | Right-to-list home sale agreements.
... (A) As used in this section, "right-to-list home sale agreement" has the same meaning as in section 4735.01 of the Revised Code. (B) A right-to-list home sale agreement executed, modified, or extended after the effective date 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 violati... |
Section 5301.99 | Penalty.
...(A) Any individual, corporation, or other business entity that violates section 5301.254 of the Revised Code shall be fined not less than five thousand dollars nor more than an amount equal to twenty-five percent of the market value of the real property or mineral or mining rights about which information must be filed with the secretary of state pursuant to section 5301.254 of the Revised Code. (B) Whoever violates ... |