Barkan & Robon Ltd.Maumee Business Litigation Lawyers | Toledo | Barkan & Robon Ltd.2026-07-15T15:12:02Zhttps://www.barkan-robon.com/feed/atom/WordPressOn Behalf of Barkan & Robon Ltd.<![CDATA[Your rights when a utility company demands an easement]]>https://www.barkan-robon.com/?p=504572026-07-15T15:12:02Z2026-07-15T15:12:02ZAn easement is not a transfer of ownership
An easement does not mean you are giving up your property deed. The utility company is only purchasing the right to use a specific slice of your land for a designated purpose, such as running power lines or water pipes.
You still own the land. However, you must not do anything on that slice of land that blocks the utility company from doing its maintenance work. Because this agreement permanently limits how you can use your own acreage, you should negotiate the terms carefully before signing.
You have the right to negotiate for just compensation
Article I, Section 19 of the Ohio Constitution serves as the primary state authority protecting your land from uncompensated takings. Additionally, the federal Fifth Amendment guarantees just compensation, which applies to local projects and private utilities through the Fourteenth Amendment.
Your compensation should reflect two main financial impacts:
The actual market value of the specific strip of land the utility company will use
The damage to the residue, which is the decrease in the value of your remaining, untouched land caused by the project
These calculations rely entirely on individual, date-of-take fair market appraisals rather than standard government valuation tables. An independent appraisal is often necessary to calculate these figures accurately.
Terms to negotiate beyond the payout amount
Money is only one part of a strong easement agreement. You can also negotiate how the company treats your land during and after construction.
You can demand specific terms in writing:
The utility company must repair any agricultural drainage tiles they break.
The workers must restore your lawn, driveway, and walks to their original state.
The company must pay for the replacement of mature trees or expensive landscaping they remove.
Securing these terms in a legally binding contract prevents future disputes.
How to handle a threat of eminent domain
Utility agents often hint that if you do not sign their paperwork, they will simply seize your land anyway. It is vital to recognize your actual legal leverage in this scenario. Under Ohio law, private utility companies do not possess "quick-take" authority.
A utility company cannot legally touch your land or begin construction until a full compensation trial concludes and a jury determines the final award. Furthermore, you have the explicit right to challenge the necessity and the proposed route of the project in court.
If you appeal a court ruling on necessity, the utility company must halt all trial and construction proceedings until the appeal is resolved. This built-in delay gives you immense leverage during negotiations.
Protect your property rights before you sign
Speak with an experienced Ohio eminent domain litigator to review the contract. A legal professional can help you structure the terms to protect your land and secure the full compensation you deserve.
]]>On Behalf of Barkan & Robon Ltd.<![CDATA[3 common real estate disputes]]>https://www.barkan-robon.com/?p=504562026-07-14T13:49:17Z2026-07-14T13:49:17ZWhether you are buying or selling a home, it is important to be aware of some common disputes that can disrupt a real estate transaction. A dispute can lead to delays, serious financial setbacks and legal consequences.
Here are a few common problems when handling a real estate transaction in Ohio:
1. Undisclosed property damage
Home sellers are required to reveal known defects with a home when completing the Residential Property Disclosure Form. These issues may impact the foundation, plumbing, HVAC or other crucial parts of a home. If a seller doesn’t disclose known issues, then it can impact the value of a home. However, sellers may not know about major defects with a home. This is why it is often important to have an inspection done before closing on a house.
2. Zoning disputes
When buying land to build a home or business, it is important to review local zoning regulations. Local zoning regulations determine how land can be used for residential or commercial purposes. If a project violates a zoning law, it can lead to serious disputes that delay projects and can create legal issues.
3. Real estate transaction breaches
A contract helps define each party’s role during a real estate transaction. A real estate contract may require a seller to make adjustments to a home, cover the costs of a property inspection or appraisal or pay for additional expenses. However, if a seller refuses to follow a real estate contract, then they may be in breach. A contract breach may require a court to enforce the contract.Professional legal guidance can help you avoid these common legal mistakes and help you explore ways to protect a real estate transaction.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Can businesses still enforce noncompetes in Ohio?]]>https://www.barkan-robon.com/?p=504532026-06-28T19:51:31Z2026-06-28T19:51:31ZValid agreements are still enforceable
Federal attempts to prohibit employment noncompete agreements have failed due to court rulings. While Ohio state lawmakers have proposed major restrictions on noncompete agreements, the law has not yet changed.
So long as the agreement is reasonable, a former business partner or employee could face litigation intended to enforce the terms of a non-compete agreement. Typically, noncompete agreements should only apply to a specific geographic area.
They are also only enforceable for a limited amount of time after the end of a working relationship. Typically, non-compete agreements are only enforceable for up to two years after the end of an employment arrangement or up to five years after a business partner sells their interest in the company. A successful enforcement lawsuit could result in an injunction preventing continued competition or an award of damages.
Reviewing original agreements and any violation of a noncompete with a skilled legal team can help business leaders evaluate their options. Initiating business litigation is often necessary when a former employee or business partner unfairly competes against a company.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Can a seller be liable for failing to disclose property defects?]]>https://www.barkan-robon.com/?p=504522026-06-21T02:54:39Z2026-06-21T02:54:39ZThe law in Ohio
Ohio law generally requires residential sellers to complete a Residential Property Disclosure Form that identifies known material defects affecting the property. This disclosure is intended to give buyers important information about the property’s condition before closing.
That said, sellers are not always off the hook once the deal is done and the keys have officially changed hands. They may still be held legally liable for undisclosed material defects under certain circumstances.
First, it is important to understand that not every issue discovered after purchase is legally actionable. Homes naturally develop wear and tear over time, and some problems are only identifiable through specialized inspections. To establish liability, a buyer typically must show that:
The seller had actual knowledge of the specific defect before closing.
The defect materially affects the property’s value or safety.
The seller failed to disclose the issue or actively misrepresented or concealed it.
The defect was not open, obvious or reasonably discoverable during a standard inspection.
When a seller’s failure to disclose known property defects causes financial harm, buyers may pursue compensation for repair costs, diminished property value or other losses related to the defect.
Such cases tend to be complex because they depend on detailed factual records and technical proof. For instance, proving what the seller knew at the time is not always straightforward. Reaching out for experienced legal guidance can help you assess your options and work toward a fair resolution while protecting your rights.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Can you sell your property if it is subject to eminent domain?]]>https://www.barkan-robon.com/?p=504492026-06-05T10:24:14Z2026-06-05T05:17:30ZTiming may change your options
In most cases, you may legally sell property during the early stages of an eminent domain matter. However, finding a private buyer can be difficult since the government intends to seize the property for public use. Thus, prospective buyers might hesitate because ownership could change again if the government proceeds with the taking.
Much of that uncertainty depends on how far the eminent domain action has progressed. Your options may change at different stages in the eminent domain process:
Before formal proceedings: A private sale is generally legal, but disclosure of the pending acquisition is often important.
During negotiations: The agency typically obtains an appraisal and presents an offer. At this point, most owners focus on discussing compensation rather than marketing the property.
After a condemnation action begins: Selling to a private buyer often becomes much harder because the government has started using the court system to acquire the property.
As the action moves forward, you may need to shift your attention from finding a buyer to addressing the proposed acquisition. Instead of pursuing a private sale, another option could be to focus on negotiating compensation for the property. You may also challenge the taking in court if legal grounds exist.
The law establishes procedures that help guide those efforts. In Ohio, property owners generally receive certain protections before a condemnation case moves forward. An acquiring agency must typically provide advance notice of its intent to acquire the property and present a written purchase offer before filing formal proceedings.
Making informed choices before the next phase
Eminent domain cases often involve more than the transfer of real estate. The amount offered, the project timeline and the status of any court filing can all affect your options.
Since each stage presents different challenges, obtaining legal guidance can provide a clearer picture of the available choices. If a government agency seeks to acquire your property, taking time to know your rights may help you better understand the process and the decisions that may lie ahead.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[How contingencies protect people who are buying homes]]>https://www.barkan-robon.com/?p=504452026-05-31T15:18:57Z2026-05-31T15:18:57ZWhat do contingencies protect?
Sellers who accept offers typically stop marketing their homes. They are at risk of delays and duplicate expenses if a transaction falls apart after they accept an offer. Earnest money can indicate a buyer's sincere intent to purchase the property. It can also help compensate sellers for inconvenience for an unnecessary or frivolous closing cancellation.
Sellers can make a claim against earnest money deposited by the buyer if the buyer cancels the transaction. Real estate contingencies outline specific scenarios when the buyer can cancel without risking their earnest money.
Those who need to sell their homes while purchasing a new house often include sale contingencies. Financing contingencies are common as well, as people never know when they might lose a job and be unable to secure a mortgage. Appraisal and inspection contingencies are also helpful for many buyers.
Discussing a potential purchase with a real estate attorney can help buyers identify potential issues in advance and better ensure that their offers include appropriate contingencies. Custom offer and purchase agreement paperwork drafted with the insight of a real estate attorney can minimize the financial risk associated with purchasing a home.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Breaking up with your business partner? Things to know]]>https://www.barkan-robon.com/?p=504442026-05-26T13:13:01Z2026-05-26T13:13:01ZEnding a business partnership can feel as personal as ending a long relationship. When partners no longer share the same goals or one partner’s actions put the company at risk, a separation may be the best way to protect the business.
Understanding why these breakups happen and how to navigate them can help reduce conflict and keep operations stable.
How it began
Your partnership may have begun with shared enthusiasm, but circumstances can change. Disagreements about finances, workload or long‑term strategies can strain the relationship. Sometimes one partner wants to retire or pursue a new opportunity. In other cases, concerns about mismanagement or potential liability make it necessary to reevaluate the partnership. When these issues affect the company’s performance or reputation, a structured exit plan can help you avoid unnecessary conflicts or litigation.
Examine your partnership agreement
Ideally, your partnership agreement included provisions for partner buyouts and procedures for resolving disputes. These terms can guide the process and help prevent disagreements about ownership or compensation. If the agreement is outdated or silent on key issues, partners may need to negotiate new terms that reflect the current needs of the business.
Keep communication lines open
Clear communication also helps the process run more smoothly. Setting expectations about timelines, responsibilities, and transition plans can reduce uncertainty for employees and customers. Partners should document decisions in writing and keep financial records organized to avoid disputes later.
Get the business valuated
A business valuation is often necessary to determine a fair price for a partner’s interest. According to Forbes, regular valuations help business owners prepare for unexpected transitions and support more predictable outcomes during ownership changes.Breaking up with a business partner is rarely easy, but a thoughtful approach can protect the company and preserve professional relationships. When handled carefully, a transition can give both the business and the departing partner a stable path forward.]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Why should new entrepreneurs consider an LLC?]]>https://www.barkan-robon.com/?p=504432026-05-11T15:09:56Z2026-05-11T15:09:56ZAnyone considering starting a business should learn about their options for business structure. While some might lean toward a sole proprietorship because it’s the easiest, it’s critical to consider a limited liability company (LLC).
An LLC is a common business structure because it allows the obligations of the business from the personal assets of the owner. This gives the owner significant protection for their personal assets.
How does the separation work?
When an LLC is properly formed and maintained, creditors typically can’t go after the business owner’s assets if the company owes them money. Since the LLC is its own legal entity, it will face lawsuits in its name. There are some exceptions to the division, so it’s critical that owners operate the company properly. Owners should keep the finances for the company and their personal matters separate. This means having a personal account and a business account for banking. Company funds can’t be used for any personal expenses. It’s critical that owners don’t blur the lines between business and personal assets. If the lines are blurred at all, a court may determine that the LLC isn’t a separate entity, which could limit or remove the protection from the owner’s personal assets. An LLC doesn’t cover personal wrongdoing, so there isn’t protection for fraud, personal loan guarantees, failure to pay certain taxes or harm caused by the owner’s specific actions. It’s important that anyone starting a business understands exactly how the chosen business structure functions. It may be beneficial to work with someone familiar with these matters so they can assist with situations that come up.
]]>On Behalf of Barkan & Robon Ltd.<![CDATA[When should a business sue for breach of contract?]]>https://www.barkan-robon.com/?p=504422026-04-28T00:00:46Z2026-04-28T00:00:46Z
You had a legally binding agreement, you and the other party signed it, and then that party didn’t hold up their end. Now you are left dealing with unpaid invoices, a delayed project and losses that are starting to affect your bottom line.
It can be frustrating, disruptive and expensive, but is it worth suing over? It depends on the circumstances. While many contract issues can be resolved without going to court, certain breaches make legal action necessary. Let’s look at what often separates the two.
Significant financial harm to your business
When financial losses become too significant to ignore, the breach stops being a routine contract issue and starts becoming a threat to business stability. Missed payments, halted deliveries or operational disruption can quickly compound into broader issues that can affect cash flow and even disrupt your ability to meet your own contractual obligations. At that point, continuing to wait for voluntary compliance may increase the damage.
Informal resolution is no longer effective
Most contract disputes begin with communication and attempts to resolve the issue without litigation. When those efforts fail because the other party ignores demands, refuses responsibility or continues breaching the agreement, legal action may be the only way to resolve the matter.
The contract clearly supports your position
When the contract clearly sets out each party’s obligations, deadlines and performance standards, it becomes much easier to establish who fell short and why. A lawsuit may be more viable in such situations because the dispute is defined by the contract itself rather than conflicting interpretations.
Understand your options before you act
Before moving forward with litigation, it’s important to evaluate the full range of remedies available. For instance, negotiation, mediation or a demand letter may still achieve a practical resolution. In addition, some contracts include alternative dispute resolution (ADR) provisions that must be considered before filing a lawsuit. Seeking early legal guidance when dealing with a breach of contract can help you choose the most effective path forward to protect your business interests.
]]>On Behalf of Barkan & Robon Ltd.<![CDATA[Inverse condemnation: When the state takes but does not buy]]>https://www.barkan-robon.com/?p=504412026-04-07T16:33:21Z2026-04-07T16:33:21ZHow inverse condemnation differs from eminent domain
Eminent domain and inverse condemnation both deal with a government taking private property, but they begin in different ways. In eminent domain, the government starts the process, appraises your property, makes an offer and files a court action if negotiations fail.
Inverse condemnation turns that situation around. You bring the claim because the government effectively took your property without starting a formal case. The Fifth Amendment and Ohio law protect your right to receive fair payment when the government uses private property for public purposes, and that protection applies even when no official transfer of title takes place.
Why Ohio's process stands apart
Most jurisdictions allow property owners to file an inverse condemnation lawsuit directly in court, prove the taking by a preponderance of the evidence and recover compensation in a single proceeding. Ohio does not follow that approach.
Instead, property owners must file a writ of mandamus. Unlike a direct compensation claim, this remedy asks a court to compel the government to begin the appropriation process it failed to initiate.
The state also imposes a higher burden of proof, requiring clear and convincing evidence rather than the more common preponderance standard, which can make these cases more time-consuming, costly and uncertain for property owners.
Which actions may support a claim
Inverse condemnation claims in Ohio generally stem from two areas: physical invasions and regulatory actions. For example, a government project that permanently floods your land may constitute a physical taking. Regulatory takings, on the other hand, occur when zoning or other rules restrict your property so severely that they destroy its economic value.
Venue also matters. While cases against local governments are filed in the county where your property sits, any action against the Ohio Department of Transportation must be filed in Franklin County.
What deadlines apply to your case
Timing plays a central role in any Ohio inverse condemnation matter. Because the claim is pursued through mandamus, you face a strict four-year statute of limitations.
This timeline begins to run once you know, or reasonably should know, that a taking has occurred. Waiting too long to act can result in the loss of an otherwise valid case.]]>