Ohio Supreme Court rules on lakefront property rights

September 21, 2011

Ohio: It is rare to find a decision in the state supreme courts where all parties can declare victory. Last week, the Ohio Supreme Court achieved this balance while determining where public property of the lake begins. In an unanimous decision, the court found that public property extends to the natural shoreline. This reverses a decision from the Ohio Eleventh District Court of Appeals, which found in 2009 that the property extension varies depending on where the water hits.

In a debate where the state's position has changed depending on the executives in office, now all parties seem pleased with the outcome. Property owners still have private control over their beachfront land, the Ohio Environmental Council conceded that Ohioans still have more in the public trust than before the ruling, and Attorney General Mike DeWine referred to it as a "reasonable and rational" decision.