Ohio Revised Code

Ohio Rev. Code § 5715.271 (2026)

Burden of proof of entitlement to exemption on property owner

✓ current as of May 2026
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In any consideration concerning the exemption from taxation of any property, the burden of proof shall be placed on the property owner to show that the property is entitled to exemption. The fact that property has previously been granted an exemption is not evidence that it is entitled to continued exemption.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 2001–2024 · leading case: O'Keefe v. McClain (Slip Opinion), 2021 Ohio 2186 (Ohio 2021).
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O'Keefe v. McClain (Slip Opinion), 2021 Ohio 2186 (Ohio 2021). · cites it 8× “R.C. 5715.271 states: In any consideration concerning the exemption from taxation of any property, the burden of proof shall be placed on the property owner to show that the property is entitled to exemption.”
Obetz v. McClain (Slip Opinion), 2021 Ohio 1706 (Ohio 2021). · cites it 2× “{¶ 15} R.C. 5715.271 provides that “[i]n any consideration concerning the exemption from taxation of any property, the burden of proof shall be placed on the property owner to show that the property is entitled to exemption.”
Strongsville Bd. of Educ. v. Zaino, 751 N.E.2d 996 (Ohio 2001). · cites it 3× “The same “continued exemption” terminology was used again by the General Assembly when it enacted R.C. 5715.271 in 1985 (Am.Sub.H.B. No. 321, 141 Ohio Laws, Part II, 3243, 3245).”
ShadoArt Prods., Inc. v. Testa (Slip Opinion), 2016 Ohio 511 (Ohio 2016). · cites it 2× “” R.C. 5715.271; see also Anderson/Maltbie Partnership v.”
Newman v. Levin, 896 N.E.2d 995 (Ohio 2008). “See also R.C. 5715.271 (“the burden of proof shall be placed on the property owner to show that the property is entitled to exemption”).”
Cincinnati Cmty. Kollel v. Testa, 2013 Ohio 396 (Ohio 2013). “The BTA’s Decision Was Unlawful and Unreasonable {¶ 18} The kollel asserts that the BTA erred as a matter of law in construing and applying R.C. 5709.121(A)(2). The kollel also maintains that the record does not support the BTA’s decision.”
Cincinnati Cmty. Kollel v. Levin, 863 N.E.2d 147 (Ohio 2007). “121(A) — the statutory provision on which the kollel relies in claiming a tax exemption — states that “[r]eal property * * * belonging to a charitable or educational institution” may be eligible for an exemption if the property is used in specified ways.”
A. Schulman, Inc. v. Levin, 116 Ohio St. 3d 105 (Ohio 2007). · cites it 2× “See also R.C. 5715.271 (“the burden of proof shall be placed on the property owner to show that the property is entitled to exemption”).”
Strongsville Bd. of Edn. v. Zaino, 2001 Ohio 1269 (Ohio 2001). · cites it 3× “The same “continued exemption” terminology was used again by the General Assembly when it enacted R.C. 5715.271 in 1985 (Am.Sub.H.B. No. 321, 141 Ohio Laws, Part II, 3243, 3245).”
Athens Cnty. Auditor v. Wilkins, 106 Ohio St. 3d 293 (Ohio 2005). “That provision states: “A technical college district *295 shall not be required to pay any taxes or assessments upon any real or personal property acquired, owned, or used by” the district.”
Southside Cmty. Dev. Corp. v. Levin, 895 N.E.2d 551 (Ohio 2008). “A property’s taxable or exempt status typically depends upon a close examination of the property’s owner and its particular use; an owner must offer proof of exemption for each tax year in which the property’s taxable status is at issue.”
Geneva Area Recreational, Educ. & Athletic Trust v. Testa (Slip Opinion), 2016 Ohio 2695 (Ohio 2016). “” R.C. 5715.271; see also Anderson/Maltbie Partnership v.”
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