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Ohio Environmental Questions & Answers

1 Answer | Asked in Land Use & Zoning and Environmental for Ohio on

Q: Does the grandfather clause overrule protection of species afforded by the endangered species act?

The land was owned by the family before the ESA was passed but an endangered species resides on the land. The family now wants to develop the land but development would be detrimental to the species. The ESA would normally protect species on private land, but would this protection still be able to... Read more »

Joseph Jaap answered on Apr 24, 2019

The answer would require significant legal research into federal and state law and regulations, and conversations with various government agencies, and permits for any development which might require impact studies. Use the Find a Lawyer tab to retain an attorney who practices environmental law.

1 Answer | Asked in Real Estate Law and Environmental for Ohio on

Q: received notice nat'l forest which adjoins half my 5 ac will be clearcut. devalue my property. recourse if I can't stop?

if this proposed clearcut of national forest isn't stopped or amended through meetings, is there any action neighbors and I can take? the proposal as is affects half the perimeter of my 5 acres. this is not a selective cut, shelter wood, but a clearcut. I bought the property less than a year ago... Read more »

Joseph Jaap answered on Apr 5, 2018

You could file for a court injunction if the regulatory and administrative process approves the cutting. The court would then review the process used to approve it. Use the Find a Lawyer tab to retain an attorney who practices in environmental law and litigation against government agencies.

1 Answer | Asked in Agricultural Law, Environmental, Juvenile Law and Real Estate Law for Ohio on

Q: My friend and I are 14. There is a field behind her house. Is it trespassing if we didn't know someone owned it then?

When we saw cows, we wanted to see if someone owned the field. The owner never noticed us, or if they did they didn't do anything. We eventually found out that that field is owned by somebody. We haven't gone there since.

Joseph Jaap answered on Jul 10, 2017

Every square inch is owned by somebody. It is trespassing whether you know who owns it or not. Don't go where you don't have permission. It is especially dangerous to go in a field with cows or other animals. And don't go in a field with a single cow. It could be a bull, and they are... Read more »

1 Answer | Asked in Environmental for Ohio on

Q: Do I have a right to dispute having to pay half of water bill(duplex on 1 meter)when bills are unusually high?

I live upstairs in a home where my lease states I am to pay half of the water/sewer/trash bill; however, the bills keep getting higher and higher each month; both myself and the couple on the first floor have complained to the Landlord. No leaks/running water inside the home have been detected;... Read more »

Matthew Williams answered on Mar 22, 2016

Have you asked the landlord to produce the bill from the water company? I am curious as to whether they are simply cheating you here.

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