Local REALTORS win challenge on area building moratorium

Homebuilders and REALTORS in central Ohio successfully emerged from a two-year legal battle in early April. The lawsuit, brought by the Building Industry Association of Central Ohio involved a challenge to the city of Pickerington's building moratorium passed in 2003, designed to limit the number of single-family building permits.

The OAR Issues Mobilization Committee recently agreed to provide financial assistance to the Columbus Board of REALTORS, supplementing financial support the Board previously provided to assist the BIA of Central Ohio in defraying legal expenses from the lawsuit. The Ohio Homebuilders Association has also provided financial support.

"The building moratorium negatively impacted existing and approved residential developments because it arbitrarily stopped home construction," said Larry Metzger, executive officer of the Columbus Board of REALTORS. "The precedent of allowing this type of ordinance to take effect without a legal challenge would have empowered every community fighting growth around Ohio and nationwide to enact the same or more stringent laws.

"The moratorium also stifled the demand for housing in Pickerington and forced prospective buyers, many of which were existing Pickerington residents, to either remain in their current housing or build in other communities."

In April 2004 the BIA, the plaintiffs and the city of Pickerington agreed to participation in a mediation process to attempt to develop a settlement to the lawsuit. While the process was not successful, the items that were agreed to served as the starting document for settlement negotiations that that began in August 2004 and concluded in April 2005 with dismissal of the lawsuit.

Among highlights of the settlement agreement:

• As Pickerington develops a new comprehensive plan, the BIA will be notified of public meetings and receive all materials regarding the plan. The BIA will be participants in any working groups or committees formed to study or participate in the development of the plan.

• The city cannot impose any limitations on residential development inconsistent with its current or any new comprehensive plan, and the city cannot impose any limitations on residential development inconsistent with the terms of the settlement agreement for five years.

• Any new or increased fees imposed by the city within the next five years must be lawful and will not be applicable to a lot for which a builder has a written contract with a homebuyer at the time any fee increase is adopted.

The OAR Issues Mobilization fund was created to promote the REALTOR position on public policy issues by providing resources to affect the outcome of ballot issues, state and federal legislations, local ordinances, regulations and resolutions.

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Ohio's first quarter home sales break records

The Ohio housing market reached record-breaking levels during the first quarter for both sales activity and average price, according to statistics provided by the state's Multiple Listing Services.

"The one consistent--in an otherwise uncertain economic environment--has been a robust real estate market," said OAR President Jim West. "Favorable interest rates, a recovering economy, rising consumer confidence and an array of affordable housing in every price category have converged to make the American Dream of homeownership a reality for a record number of Ohioans during the first three months of the year."

Statewide sales of new and existing homes this year (January-March) total 27,488 a 6.0 percent increase from the 25,940 sales posted in during the first quarter in 2004, which previously served as the best-ever mark.

The state's average sale price (January-March) of $147,172 marks a 4.5 percent increase from the $140,830 average posted in 2004. The year-to-date total dollar volume of $4 billion is 10.7 percent ahead of the $3.6 billion level posted during the period last year.

Sales reached 11,929 in March, a 5.9 percent increase from the 11,261 sales recorded during the month last year.

Data provided to OAR by Multiple Listing Services includes residential closings for new and existing single-family homes and condominiums/co-ops.

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Protect your family from sexual predators

Awareness is the most valuable tool we have in protecting our loved ones from sexual predators. Stories like that of Jessica Lunsford--the 9-year-old girl murdered by a known sex offender in Florida--remind me that we must do all that we can to raise awareness here in Ohio. Now, thanks to a strong partnership between Ohio's 88 county sheriffs and my office, you can take steps to protect your loved ones by simply accessing the Internet.

While it is impossible to predict when a sex offender may strike, you have the ability to safeguard your family from those with past offenses. By logging on to the electronic Sex Offender Registration and Notification (eSORN) page at www.esorn.ag.oh.us, you have access to pictures, addresses and descriptions of every registered sex offender in Ohio, all contained in a searchable database. Furthermore, you can view a map displaying every registered sex offender who lives or works within a mile radius of your home. I am very grateful to our county sheriffs, who work hard to ensure that this information remains current and accurate.

I believe the most helpful component of the eSORN site is the form that allows you to sign-up to receive an e-mail whenever a registered sex offender moves within a mile of any address you specify. You can enter your home address, work address, the address of your child's daycare facility--any address--so that you can always remain informed. As soon as your address--or addresses--are on file, you will receive an e-mail message each time a registered sex offender moves into that neighborhood.

Nearly 13,000 registered sex offenders live in neighborhoods throughout Ohio. All of them are required to report their whereabouts to our county sheriffs. Ohio's 88 sheriffs and my office have worked together to help keep communities informed and aware of potential dangers. Each year, sheriffs send out more than one million postcards to Ohio residents to notify them that a sex offender has moved into their neighborhood.

Recently, I worked with the General Assembly to enact legislation giving county prosecutors the authority to seek the eviction of sex offenders who violate the law by living within 1,000 feet of school premises. Previously, no tools were available to local law-enforcement officials to compel the sex offenders to move. I will vigorously defend any and all legal challenges to this important requirement.

Please take the time to raise your awareness about registered sex offenders living in Ohio. Log on to www.esorn.ag.state.oh.us and sign up for the free e-mail notification. It is my hope that more of you sign up to take advantage of this important service.

by Jim Petro
Ohio Attorney General

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