Legal with Leah: Open Burning Laws
Ohio has some specific rules and regulations around open burning. What you can burn and where?
Read MoreIn November 2020, Ohio Farm Bureau filed briefs in separate, yet related cases on behalf of landowners in Washington County. The cases revolve around expanded transmission line easements being sought by Ohio Power (AEP), including on land owned by county Farm Bureau members.
The first case involves county Common Pleas Court Judge John Halliday. After ruling against the landowners on their claims that the utility company is taking more rights than they need to build a transmission line, the judge set a date for a trial to determine how much money is due to the landowners. However, the law states that a trial for money should only be set subject to any appeal on the question of necessity.
“The landowners have appealed his order on the basis of necessity, and therefore, should be entitled to a stay of the proceedings for the money damages,” said Leah Curtis, OFBF policy counsel and senior director of member engagement. The landowners filed in the Ohio Supreme Court for a writ of prohibition, which would prohibit a government official from performing any task before the appeal is heard. Ohio Farm Bureau supported the landowners with an amicus brief.
A second set of cases are the appeals of the underlying case presided over by Halliday. Here, Ohio Power is attempting to take an easement by eminent domain for its transmission line. However, the company is asking to take more than is necessary to build this line — including the right to build structures in the easement, and a “tree protection zone” that extends 80 feet on either side of the easement with no plan to compensate for such “zone.”
“There are actually four separate cases that concern this same project, and we have filed in all four of them,” Curtis said. “We are arguing that the court must scrutinize ‘necessity’ in each project, as well as examine the burden of proof, constitutionality of presumptions and the meaning of ‘abandonment.’”
Photo: istockphoto.com
Ohio has some specific rules and regulations around open burning. What you can burn and where?
Read MoreIncluded in HB 1 is the elimination of the 10% property tax rollback, which is a significant concern for Farm Bureau members.
Read MoreXylazine, an important U.S. FDA approved prescription animal drug that is widely used in veterinary medicine, particularly in cattle for…
Read MoreBack Ohio dairy farmers by asking your member of Congress to support the Dairy Pricing Opportunity Act.
Read MoreThe elite leadership program was started in 2008 to help agricultural advocates gain influence over public policy issues that impact their businesses and communities.
Read MoreThis is the 36th consecutive year that profits have been distributed to borrower-owners.
Read MoreOhio Farm Bureau is encouraging members to share how rural broadband investment has impacted their homes and businesses, and where more work can be done to advance access to rural broadband.
Read MoreIn addition to the testimony in support of HB 64, Ohio Farm Bureau is asking members to contact their state representative to voice their support for eminent domain reform.
Read MoreSoil and water tests are being developed and conducted, site run-off monitoring is taking place, and livestock have shown no signs of illness or lingering effects from the aftermath of the derailment itself or the chemical burn-off that followed.
Read MoreIt’s important for a landowner to work with a specialist who can best identify the risks and put a protection plan in place.
Read More