Ohio Lakefront Property Owners’ Rights Supported by Former Attorney General

Ohio Lakefront Property Owners’ Rights Supported by Former Attorney General

9/23/2010

In an ongoing dispute in the Supreme Court as to who owns the coasts in Ohio, Former Ohio Attorney General Betty Montgomery filed her brief in support of the private property owners and state nature officials.

The dispute arose when Ohio wanted to charge private property owners for the land they already owned.

Various groups supporting the Ohio Lakefront Group, filed their legal arguments Monday. Groups of police officers, farmers, real estate agents, and many others support the argument of the private property owners that the state is not the one who controls Ohio’s beaches.

The opposing side of the fence – the Ohio Department of Natural Resources and Ohio’s Attorney General Richard Cordray reject the private property rights of the coastal property owners.

In two separate briefs written by Montgomery, one supported Attorney General Cordray’s power to act on the matter, and the other was in support of the assertion of the property owners that they control the shores down to the waterline.

In 2000, Montgomery has issued a legal opinion that the lakefront property owners own the shoreline, and that the state has control of the waters up to the water’s edge of Lake Erie.

Other groups supporting property owners were the Ohio Farm Bureau Federation, 1851 Center for Constitutional Law, Pacific Legal Foundation, Southeastern Legal Foundation, Inc. and many others.

WRITTEN BY:

blakeh@wellsdrew.com