Ohio Revised Code|Section 961.05 | Removal of land restriction.

                                                
(A) After a declaration has been filed pursuant  to section 961.02 of the Revised Code, the land described in the  declaration shall be used for pet cemetery purposes only unless  the restriction for such use is removed by order of the court of  common pleas in the county where the land is located in a  proceeding brought by the pet cemetery owner or the owner's heirs  or assigns. 
(B) The court of common pleas may remove the restriction on  the land upon proof satisfactory to the court that either of the  following has occurred:
(1) No interments have been made in, or all pet remains have  been removed from, the land from which the restriction is sought  to be removed;
(2) The owner of the pet cemetery or the owner's heirs or  assigns have received, from those persons who own burial rights in  the pet cemetery or their heirs or assigns, written authorization,  acknowledged before a notary public, to remove the restriction  from the land. Any person granting this authorization who wishes  to have a pet that is already interred in the pet cemetery removed  and reinterred elsewhere shall so state on the authorization and  the pet cemetery owner shall, at the owner's expense, remove the  pet remains and have them reinterred elsewhere and shall provide  proof of this removal and reinterment. A pet cemetery owner need  not obtain the authorization described in division (B)(2) of this  section from a person who has purchased a burial right in the pet  cemetery but who has not yet used that right for the interment of  a pet, if the owner refunds to the purchaser or the purchaser's  heirs or assigns all moneys taken for the burial right, plus  interest computed in the manner and at the rate agreed upon  between the cemetery owner and the owner of the burial right.
(C) The court of common pleas may remove the restriction on a  portion of the land described in the declaration, if the portion  of the land that remains subject to the restriction is not less  than three acres in size, upon proof satisfactory to the court  that the situations described in either division (B)(1) or (2) of  this section have occurred with respect to that portion of the  land from which the restriction is sought to be removed.
(D) A holder of a lien on the restricted land may object to  the removal of the restriction and the court of common pleas shall  consider any such objection before issuing an order to remove the  restriction.
(E) An order issued by the court of common pleas removing a  restriction pursuant to this section shall be filed in the office  of the county recorder of the county in which the land is located,  who shall record it in the official records.