Build On This!

Attorney David Lindner attended the ALI-ABA seminar entitled "Drafting Documents for Condominiums, Planned Communities, and New Urbanism Developments" from March 2-4 in San Antonio, Texas. The seminar focused on new developments and techniques for structuring condominium associations, homeowners' associations, New Urbanism projects and other mixed-use planned developments.

In a case of first impression, the Second District Court of Appeals, in In re Estate of Scott (2005), 164 Ohio App. 3d 464, has held that a transfer-on-death deed under R.C. Section 5302.22 is invalid if it is executed, but not recorded prior to the grantor's death. Thus, the real estate that the decedent intended to transfer to a particular child upon her death instead passed to her estate, of which all four of her children were beneficiaries.

Ohio lawmakers have suggested that an amendment to Ohio's constitution may be necessary before the State can limit cities' eminent domain power because of the "home rule" powers granted by the Constitution. Such an amendment would require a state-wide vote. More details are available in this article from the Cincinnati Enquirer. A moratorium on the use of eminent domain is currently in effect.

In Gonda v. Austintown Twp. Bd. Of Zoning, 7th Dist. No. 05 MA 14, 2006 Ohio 670, Appellant had appealed an adverse ruling of the Board of Zoning Appeals to the court of common pleas. At the hearing before the trial court, appellant attempted to admit evidence that had not been admitted in the administrative hearing. The trial court refused to hear the new evidence and affirmed the decision of the board.

Land use and zoning attorney John P. Slagter reports that on March 28, 2006, the Ohio Supreme Court determined in the case of Bakies v. Perrysburg (2006), 108 Ohio St.3d. 361, that a municipality has no duty to continue to supply water to extraterritorial customers (customers outside of the city). The Court also held that it was legal for the City to require annexation to the City as a condition to either begin or continue the supply of City services. The Court found that requiring extraterritorial customers to agree to annexation in exchange for continuation of services is a valid exercise of police power and bears a rational relationship to the health, safety and welfare of the municipality’s citizens.