Ohio Land Use Law and Eminent Domain for Building Professionals
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8:00 – 8:30 am EST
8:30 – 11:45 am EST
11:45 am – 12:15 pm EST
12:15 – 4:00 pm EST
Basics of Ohio Land Use Law D. Holthus
Ohio constitution, home rule and enabling legislation
Powers and responsibilities of state and local governments
• Counties, cities, villages
Landowner rights and responsibilities
Conservation of woodlands and agricultural lands
Comprehensive Land Use Planning in Ohio D. Holthus
Planning commissions, departments and committees
Powers and duties of local governments and planning bodies
When a comprehensive plan is required
Components of comprehensive plans
Plan adoption and enforcement
Understanding Utility Facilities, Easements and Rights of Way R. Sherman
Current law on utility equipment and rights of way
• Federal laws and regulations
• State laws and regulations
Types of utilities, facilities and rights-of-way/easements
• Electric, water, natural gas, telecommunications, satellite communications
Basis for and definition of the right-of-way/easement
Encroachments and interferences
Current issues involving utility easements
Local Land Use Ordinances and Enforcement in Ohio E. Pempus
Restrictive covenants/deed restrictions
Obtaining and Objecting to Land Use Determinations E. Pempus
Land use determinations and procedures
• Re-zoning, including PUD, PD, SUP, CUP
• Special exceptions
• Interpretations/appeal of staff decisions
Eminent Domain Law J. Young
Understanding eminent domain powers
• Source of eminent domain powers
• History of the exercise of eminent domain powers
Participating in the Condemnation Process J. Young
Condemnation process for government use
Hearing and right of appeal
Valuing the property taken
Condemnation process for utility and other quasi-public use
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Professional Land Surveyors
Architects (AIA credits only available for attending live Webinar)
6.5 HSW CE Hours
6.5 AIA LU | HSW
Continuing Education Credit Information
This webinar is open to the public and offers 6.5 PDHs to professional engineers and land surveyors, and 6.5 HSW continuing education hours to architects in Ohio. Ohio’s State Board of Registration for Professional Engineers and Surveyors does not pre-approve continuing education providers or activities.
The American Institute of Architects Continuing Education System has approved this course for 6.5 LU|HSW (Sponsor No. J885). Only full participation is reportable to the AIA/CES.
HalfMoon Education is an approved CM provider with the American Planning Association. This courses is registered for CM|6.5 for certified planners.
Completion certificates will be awarded to participants who complete this event, respond to prompts, and earn a passing score (80%) on the quiz that follows the presentation (multiple attempts allowed).
Doug Holthus is a partner at Freeman Mathis & Gary’s Columbus office. Mr. Holthus’s primary area of focus is on civil rights and government liability, corporate law, employment, and general liability matters. He has tried, advocated and or arbitrated nearly one hundred cases before civil juries, administrative licensing (and other) boards and arbitration panels throughout Ohio (and California), in both state and federal court. He serves as chair of the Columbus Bar Association’s Professionalism Committee (by appointment) and is a member of the Board of Directors of the Professional Liability Defense Federation (“PLDF”). Mr. Holthus is “AV Preeminent rated” by MartindaleHubbell, as well as named a “Best Lawyer” by Best Lawyers in America.
Eric O. Pempus
DesignPro Insurance Group, A Wichert Insurance Agency
Mr. Pempus is a risk manager with DesignPro Insurance Group, A Wichert Insurance Agency. For the last 15 years, his risk management focus has been in professional liability insurance, and construction and land use law for the design professions and the building industry. He combines this background with his 25 years of previous experience in the practice of architecture, engineering and construction management. Mr. Pempus is a professional practice adjunct professor who has taught graduate level courses for the last 33 years at Kent State University’s College of Architecture & Environmental Design, including “Leadership, Ethics & Office Management,” “Contract & Planning Law” and “Construction Management.” Mr. Pempus is a Fellow of the American Institute of Architects and the Chair of the AIA National Ethics Council. He is a construction law attorney, a licensed architect and a licensed property & casualty insurance professional.
Ryan P. Sherman
Porter Wright Morris & Arthur, LLP, Columbus
Mr. Sherman is a partner in Porter Wright’s litigation department and co-chairs the firm’s construction practice group. He concentrates his practice on complex commercial disputes, with a particular focus on construction matters. Mr. Sherman regularly represents owners, contractors, subcontractors, suppliers, and architects/engineers in contract matters, disputes, and litigation. He has been recognized by Chambers USA as a “Leader in the Field” for general commercial litigation, which described him as “one of the next generation of leading Ohio litigators.” Mr. Sherman has also been recognized as a Super Lawyers Rising Star every year since 2009. He received a B.A. degree from The Ohio State University and a J.D. degree from The Ohio State University Michael E. Moritz College of Law. Mr. Sherman is a member of the American Bar Association’s Forum on Construction Law, the Columbus Bar Association’s Construction Law Committee, and the Builders Exchange of Central Ohio.
Jeremy S. Young
Shareholder in the law firm of Roetzel & Andress, in Columbus
Mr. Young’s statewide practice is based out of the Columbus office. A member of the firm’s Business Litigation Group, Mr. Young has a broad litigation background, with expertise litigating all manner of business, contract, commercial, corporate, shareholder, securities, and trust/fiduciary issues and disputes. He focuses his practice primarily on real estate-related issues and disputes, particularly those involving easements and eminent domain. Mr. Young helps utility and energy companies looking to expand their infrastructure obtain the necessary property rights with a minimum of expense and delay. He also defends such property rights in disputes with property owners. Additionally, Mr. Young defends businesses affected by road construction projects on a regional and national basis, seeking to prevent the taking of his clients’ property and/or to maximize his clients’ monetary recovery from the government. He also has considerable expertise in the areas of zoning and land use, property tax appeals, and commercial foreclosures. Mr. Young regularly serves as faculty in continuing legal education seminars on eminent domain and easement issues and is consistently voted by his peers as an “Ohio Super Lawyers-Rising Star.” He also holds an AV® Preeminent™ rating from Martindale-Hubbell Law Directory, which is the publication’s highest peer review rating for legal ability and ethical conduct.
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HalfMoon Education Inc. is a registered provider of AIA-approved continuing education under Provider Number J885. All registered AIA/CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider of learning program may be sent to AIA/CES (email@example.com or (800) AIA 3837, Option 3).
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Course Title: Ohio Land Use Law and Eminent Domain for Building Professionals
Delivery Method: Live Online
Course Description: This course examines several land use law topics of interest to building professionals in Ohio, including powers and responsibilities of state and local governments, conservation, comprehensive land use planning, utility easements, local land use ordinances, enforcement and appeals, eminent domain and condemnation.
Learning Objective 1:
Learners will be able to discuss and reference the source of the powers and responsibilities of state and local governments and landowners in Ohio, and describe procedures in place for protecting woodlands and agricultural lands.
Learning Objective 2:
Learners will be able to explain when a comprehensive land use plan is required, identify essential components of the plan, and describe the various commissions, departments and committees encountered throughout the plan adoption and enforcement process.
Learning Objective 3:
Learners will be able to explain the legal concept of easements, how they are created, how they are terminated and purpose of utility easements and rights-of-way.
Learning Objective 4:
Learners will be able to discuss and reference the legal basis for comprehensive planning, subdivision platting, zoning and restrictive covenants in Ohio.
Learning Objective 5:
Learners will be able to examine the process by which project developers, land owners and the public can obtain, object to and formally appeal land use determinations in Ohio.
Learning Objective 6:
Learners will be able to identify the source of eminent domain powers in Ohio, and explain the procedures involved in participating in and appealing the condemnation and valuation decisions.
LUs: 6.5 LU Type: LU|HSWs.
Prerequisites: Experience with site development
Advance Preparation: None
Program Level: Intermediate
Course Expiration Date: 12/20/2024
Complaint Resolution Policy:
Complaints regarding this course can be emailed to firstname.lastname@example.org or by calling (715) 835-5900. A HalfMoon Education representative will respond within 72 hours to resolve the complaint, which will include, but not limited to, access to another CE activity at no or reduced cost or a full or partial refund. Each instance will be resolved on a case-by-case situation.