As Reported by the Senate Ways and Means Committee          1            

122nd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 223  5            

      1997-1998                                                    6            


                 SENATORS DRAKE-HERINGTON-MUMPER                   8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 133.07, 317.08, 317.32, 5301.67 to  12           

                5301.69, 5705.19, and 5739.026 and to enact        13           

                sections 133.60, 133.61, 901.21, 901.22,           14           

                5301.691, and 5301.692 of the Revised Code to      15           

                clarify the agricultural land uses that may be     16           

                the subject of conservation easements; to          17           

                authorize only the Director of Agriculture,                     

                certain local governments, and charitable          18           

                organizations to acquire agricultural easements    19           

                in order to preserve the agricultural use of       20           

                land; to permit counties to levy or increase the                

                rate of a sales or use tax to acquire              21           

                agricultural easements and retire bonds issued     22           

                for their purchase; to permit local governments                 

                to levy a property tax outside the ten-mill        23           

                limitation to acquire, supervise, and enforce      24           

                agricultural easements and to issue general        25           

                obligation bonds to finance them; and to           26           

                authorize the extinguishment of agricultural       27           

                easements under specified circumstances.           28           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  That sections 133.07, 317.08, 317.32, 5301.67,   32           

5301.68, 5301.69, 5705.19, and 5739.026 be amended and sections    35           

133.60, 133.61, 901.21, 901.22, 5301.691, and 5301.692 of the                   

Revised Code be enacted to read as follows:                        37           

      Sec. 133.07.  (A)  A county shall not incur, without a vote  47           

                                                          2      

                                                                 
of the electors, either of the following:                          48           

      (1)  Net indebtedness for all purposes that exceeds an       50           

amount equal to one per cent of its tax valuation;                 51           

      (2)  Net indebtedness for the purpose of paying the          53           

county's share of the cost of the construction, improvement,       54           

maintenance, or repair of state highways that exceeds an amount    55           

equal to one-half of one per cent of its tax valuation.            56           

      (B)  A county shall not incur total net indebtedness that    58           

exceeds an amount equal to the one of the following limitations    59           

that applies to the county:                                        60           

      (1)  A county with a valuation not exceeding one hundred     62           

million dollars, three per cent of that tax valuation;             63           

      (2)  A county with a tax valuation exceeding one hundred     65           

million dollars but not exceeding three hundred million dollars,   66           

three million dollars plus one and one-half per cent of that tax   67           

valuation in excess of one hundred million dollars;                68           

      (3)  A county with a tax valuation exceeding three hundred   70           

million dollars, six million dollars plus two and one-half per     71           

cent of that tax valuation in excess of three hundred million      72           

dollars.                                                           73           

      (C)  In calculating the net indebtedness of a county, none   75           

of the following securities shall be considered:                   76           

      (1)  Securities described in section 307.201 of the Revised  78           

Code;                                                              79           

      (2)  Self-supporting securities issued for any purposes,     81           

including, but not limited to, any of the following general        82           

purposes:                                                          83           

      (a)  Water systems or facilities;                            85           

      (b)  Sanitary sewerage systems or facilities, or surface     87           

and storm water drainage and sewerage systems or facilities, or a  88           

combination of those systems or facilities;                        89           

      (c)  County or joint county scrap tire collection, storage,  91           

monocell, monofill, or recovery facilities, or any combination of  92           

those facilities;                                                  93           

                                                          3      

                                                                 
      (d)  Off-street parking lots, facilities, or buildings, or   95           

on-street parking facilities, or any combination of off-street     96           

and on-street parking facilities;                                  97           

      (e)  Facilities for the care or treatment of the sick or     99           

infirm, and for housing the persons providing that care or         100          

treatment and their families;                                      101          

      (f)  Recreational, sports, convention, auditorium, museum,   103          

trade show, and other public attraction facilities;                104          

      (g)  Facilities for natural resources exploration,           106          

development, recovery, use, and sale;                              107          

      (h)  Correctional and detention facilities and related       109          

rehabilitation facilities.                                         110          

      (3)  Securities issued for the purpose of purchasing,        112          

constructing, improving, or extending water or sanitary or         113          

surface and storm water sewerage systems or facilities, or a       114          

combination of those systems or facilities, to the extent that an  115          

agreement entered into with another subdivision requires the       116          

other subdivision to pay to the county amounts equivalent to debt  117          

charges on the securities;                                         118          

      (4)  Voted general obligation securities issued for the      120          

purpose of permanent improvements for sanitary sewerage or water   121          

systems or facilities to the extent that the total principal       122          

amount of voted securities outstanding for the purpose does not    123          

exceed an amount equal to two per cent of the county's tax         124          

valuation;                                                         125          

      (5)  Securities issued for permanent improvements to house   127          

agencies, departments, boards, or commissions of the county or of  128          

any municipal corporation located, in whole or in part, in the     129          

county, to the extent that the revenues, other than revenues from  130          

unvoted county property taxes, derived from leases or other        131          

agreements between the county and those agencies, departments,     132          

boards, commissions, or municipal corporations relating to the     133          

use of the permanent improvements are sufficient to cover the      134          

cost of all operating expenses of the permanent improvements paid  135          

                                                          4      

                                                                 
by the county and debt charges on the securities;                  136          

      (6)  Securities issued pursuant to section 133.08 of the     138          

Revised Code;                                                      139          

      (7)  Securities issued for the purpose of acquiring or       141          

constructing roads, highways, bridges, or viaducts, for the        142          

purpose of acquiring or making other highway permanent             143          

improvements, or for the purpose of procuring and maintaining      144          

computer systems for the office of the clerk of any                145          

county-operated municipal court, for the office of the clerk of    146          

the court of common pleas, or for the office of the clerk of the   147          

probate, juvenile, or domestic relations division of the court of  148          

common pleas to the extent that the legislation authorizing the    149          

issuance of the securities includes a covenant to appropriate      150          

from moneys distributed to the county pursuant to division (B) of  151          

section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or     152          

Chapter 4501., 4503., 4504., or 5735. of the Revised Code a        153          

sufficient amount to cover debt charges on and financing costs     154          

relating to the securities as they become due;                     155          

      (8)  Securities issued for the purpose of acquiring,         157          

constructing, improving, and equipping a county, multicounty, or   158          

multicounty-municipal jail, workhouse, juvenile detention          159          

facility, or correctional facility;                                160          

      (9)  Securities issued for the acquisition, construction,    162          

equipping, or repair of any permanent improvement or any class or  163          

group of permanent improvements enumerated in a resolution         164          

adopted pursuant to division (D) of section 5739.026 of the        165          

Revised Code to the extent that the legislation authorizing the    166          

issuance of the securities includes a covenant to appropriate      167          

from moneys received from the taxes authorized under section       168          

5739.023 and division (A)(5) of section 5739.026 of the Revised    169          

Code an amount sufficient to pay debt charges on the securities    170          

and those moneys shall be pledged for that purpose;                171          

      (10)  Securities issued for county or joint county solid     173          

waste or hazardous waste collection, transfer, or disposal         174          

                                                          5      

                                                                 
facilities, or resource recovery and solid or hazardous waste      175          

recycling facilities, or any combination of those facilities;      176          

      (11)  Securities issued for the acquisition, construction,   178          

and equipping of a port authority educational and cultural         179          

facility under section 307.671 of the Revised Code;                180          

      (12)  Securities issued for the acquisition, construction,   182          

equipping, and improving of a municipal educational and cultural   183          

facility under division (B)(1) of section 307.672 of the Revised   184          

Code;                                                              185          

      (13)  Securities issued for energy conservation measures     187          

under section 307.041 of the Revised Code;                         188          

      (14)  Securities issued for the acquisition, construction,   190          

equipping, improving, or repair of a sports facility, including    191          

obligations issued to pay costs of a sports facility under         192          

section 307.673 of the Revised Code;                                            

      (15)  Securities issued under section 755.17 of the Revised  194          

Code if the legislation authorizing issuance of the securities     195          

includes a covenant to appropriate from revenue received from a    196          

tax authorized under division (A)(5) of section 5739.026 and       197          

section 5741.023 of the Revised Code an amount sufficient to pay   198          

debt charges on the securities, and the board of county            199          

commissioners pledges that revenue for that purpose, pursuant to                

section 755.171 of the Revised Code;                               200          

      (15)(16)  Sales tax supported bonds issued pursuant to       202          

section 133.081 of the Revised Code for the purpose of acquiring,  204          

constructing, improving, or equipping any permanent improvement    205          

to the extent that the legislation authorizing the issuance of     206          

the sales tax supported bonds pledges county sales taxes to the    207          

payment of debt charges on the sales tax supported bonds and       208          

contains a covenant to appropriate from county sales taxes a       209          

sufficient amount to cover debt charges or the financing costs     210          

related to the sales tax supported bonds as they become due.       211          

      (17)  BONDS OR NOTES ISSUED UNDER SECTION 133.60 OF THE      214          

REVISED CODE IF THE LEGISLATION AUTHORIZING ISSUANCE OF THE BONDS  215          

                                                          6      

                                                                 
OR NOTES INCLUDES A COVENANT TO APPROPRIATE FROM REVENUE RECEIVED               

FROM A TAX AUTHORIZED UNDER DIVISION (A)(9) OF SECTION 5739.026    216          

AND SECTION 5741.023 OF THE REVISED CODE AN AMOUNT SUFFICIENT TO   217          

PAY THE DEBT CHARGES ON THE BONDS OR NOTES, AND THE BOARD OF       218          

COUNTY COMMISSIONERS PLEDGES THAT REVENUE FOR THAT PURPOSE.        219          

      (D)  In calculating the net indebtedness of a county, no     221          

obligation incurred under division (E) of section 339.06 of the    222          

Revised Code shall be considered.                                  223          

      Sec. 133.60.  (A)  AS USED IN THIS SECTION AND IN SECTION    225          

133.61 OF THE REVISED CODE:                                        226          

      (1)  "AGRICULTURAL EASEMENT" HAS THE SAME MEANING AS IN      228          

SECTION 5301.67 OF THE REVISED CODE.                               229          

      (2)  "BONDS" MEANS NOTES OR BONDS.                           231          

      (B)  THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY MAY       233          

ISSUE BONDS FOR THE PURPOSE OF ACQUIRING AGRICULTURAL EASEMENTS.   234          

THE ISSUANCE OF THE BONDS IS SUBJECT TO THIS CHAPTER, EXCEPT THAT  235          

THEIR MATURITY SHALL NOT EXTEND BEYOND THE EXPIRATION OF THE TAX   236          

IMPOSED UNDER SECTION 5739.026 OF THE REVISED CODE.  THE BONDS DO  237          

NOT CONSTITUTE GENERAL OBLIGATIONS OF THE COUNTY, AND THEY SHALL   238          

NOT PLEDGE THE FULL FAITH AND CREDIT OR REVENUE OF THE COUNTY,     239          

EXCEPT REVENUES FROM THE TAXES LEVIED UNDER SECTIONS 5739.026 AND  240          

5741.023 OF THE REVISED CODE.  THE RESOLUTION AUTHORIZING THE      241          

BONDS SHALL APPROPRIATE THE PROCEEDS OF THOSE TAXES FIRST TO THE   242          

PAYMENT OF DEBT CHARGES ON THE BONDS, AND OTHER APPROPRIATIONS     243          

FROM THE PROCEEDS OF THOSE TAXES SHALL BE LIMITED TO ANY BALANCE   244          

THAT REMAINS AFTER PAYING IN FULL THE DEBT CHARGES ON THE BONDS.                

      ALL MONEYS RAISED BY THE ISSUANCE OF BONDS UNDER THIS        246          

SECTION, AFTER PAYMENT OF THE COSTS OF ISSUANCE AND FINANCING      247          

COSTS, SHALL BE USED EXCLUSIVELY FOR THE ACQUISITION OF            248          

AGRICULTURAL EASEMENTS.                                                         

      Sec. 133.61.  THE LEGISLATIVE AUTHORITY OF A MUNICIPAL       250          

CORPORATION, BOARD OF COUNTY COMMISSIONERS OF A COUNTY, OR BOARD   251          

OF TOWNSHIP TRUSTEES OF A TOWNSHIP MAY ISSUE GENERAL OBLIGATION    252          

BONDS FOR THE PURPOSE OF ACQUIRING AGRICULTURAL EASEMENTS.  THE    253          

                                                          7      

                                                                 
BONDS SHALL BE ISSUED IN THE MANNER PROVIDED IN SECTION 133.18 OF  254          

THE REVISED CODE AND PURSUANT TO THIS CHAPTER.                     255          

      ALL MONEYS RAISED BY THE ISSUANCE OF BONDS UNDER THIS        257          

SECTION, AFTER PAYMENT OF THE COSTS OF ISSUANCE AND FINANCING      258          

COSTS, SHALL BE USED EXCLUSIVELY FOR THE ACQUISITION OF            259          

AGRICULTURAL EASEMENTS.                                                         

      Sec. 317.08.  Except as provided in division (F) of this     268          

section, the county recorder shall keep six separate sets of       270          

records as follows:                                                             

      (A)  A record of deeds, in which shall be recorded all       272          

deeds and other instruments of writing for the absolute and        273          

unconditional sale or conveyance of lands, tenements, and          274          

hereditaments; all notices as provided for in sections 5301.47 to  275          

5301.56 of the Revised Code; all judgments or decrees in actions   276          

brought under section 5303.01 of the Revised Code; all             277          

declarations and bylaws as provided for in Chapter 5311. of the    278          

Revised Code; affidavits as provided for in section 5301.252 of    279          

the Revised Code; all certificates as provided for in section      280          

5311.17 of the Revised Code; all articles dedicating               281          

archaeological preserves accepted by the director of the Ohio      282          

historical society under section 149.52 of the Revised Code; all   283          

articles dedicating nature preserves accepted by the director of   284          

natural resources under section 1517.05 of the Revised Code; all   285          

agreements for the registration of lands as archaeological or      286          

historic landmarks under section 149.51 or 149.55 of the Revised   287          

Code; all conveyances of conservation easements AND AGRICULTURAL   288          

EASEMENTS under section 5301.68 of the Revised Code; ALL           290          

INSTRUMENTS EXTINGUISHING AGRICULTURAL EASEMENTS UNDER SECTION     292          

901.21 OR 5301.691 OF THE REVISED CODE OR PURSUANT TO THE TERMS                 

OF SUCH AN EASEMENT GRANTED TO A CHARITABLE ORGANIZATION UNDER     293          

SECTION 5301.68 OF THE REVISED CODE; all instruments or orders     294          

described in division (B)(1)(c)(ii) of section 5301.56 of the      295          

Revised Code; all no further action letters issued under section   296          

3746.11 of the Revised Code; all covenants not to sue issued       297          

                                                          8      

                                                                 
under section 3746.12 of the Revised Code; any restrictions on     298          

the use of property identified pursuant to division (C)(3) of      299          

section 3746.10 of the Revised Code; and all memoranda of trust,   300          

as described in division (A) of section 5301.255 of the Revised    301          

Code, that describe specific real property;                        302          

      (B)  A record of mortgages, in which shall be recorded all   304          

of the following:                                                  305          

      (1)  All mortgages, including amendments, supplements,       307          

modifications, and extensions of mortgages, or other instruments   308          

of writing by which lands, tenements, or hereditaments are or may  309          

be mortgaged or otherwise conditionally sold, conveyed, affected,  310          

or encumbered;                                                     311          

      (2)  All executory installment contracts for the sale of     313          

land executed after September 29, 1961, that by their terms are    314          

not required to be fully performed by one or more of the parties   315          

to them within one year of the date of the contracts;              316          

      (3)  All options to purchase real estate, including          318          

supplements, modifications, and amendments of the options, but no  319          

option of that nature shall be recorded if it does not state a     320          

specific day and year of expiration of its validity;               321          

      (4)  Any tax certificate sold under section 5721.33 of the   323          

Revised Code, or memorandum thereof, that is presented for filing  324          

of record.                                                                      

      (C)  A record of powers of attorney, including all           326          

memoranda of trust, as described in division (A) of section        327          

5301.255 of the Revised Code, that do not describe specific real   328          

property;                                                          329          

      (D)  A record of plats, in which shall be recorded all       331          

plats and maps of town lots, of the subdivision of town lots, and  332          

of other divisions or surveys of lands, any center line survey of  333          

a highway located within the county, the plat of which shall be    334          

furnished by the director of transportation or county engineer,    335          

and all drawings as provided for in Chapter 5311. of the Revised   336          

Code;                                                              337          

                                                          9      

                                                                 
      (E)  A record of leases, in which shall be recorded all      339          

leases, memoranda of leases, and supplements, modifications, and   340          

amendments of leases and memoranda of leases;                      341          

      (F)  A record of declarations executed pursuant to section   344          

2133.02 of the Revised Code and durable powers of attorney for     346          

health care executed pursuant to section 1337.12 of the Revised    347          

Code.                                                              348          

      All instruments or memoranda of instruments entitled to      350          

record shall be recorded in the proper record in the order in      351          

which they are presented for record.  The recorder may index,      352          

keep, and record in one volume unemployment compensation liens,    353          

internal revenue tax liens and other liens in favor of the United  354          

States as described in division (A) of section 317.09 of the       355          

Revised Code, personal tax liens, mechanic's liens, agricultural   356          

product liens, notices of liens, certificates of satisfaction or   357          

partial release of estate tax liens, discharges of recognizances,  358          

excise and franchise tax liens on corporations, broker's liens,    359          

and liens provided for in sections 1513.33, 1513.37, 3752.13,      361          

5111.021, and 5311.18 of the Revised Code.                         363          

      The recording of an option to purchase real estate,          365          

including any supplement, modification, and amendment of the       366          

option, under this section shall serve as notice to any purchaser  367          

of an interest in the real estate covered by the option only       368          

during the period of the validity of the option as stated in the   369          

option.                                                            370          

      (G)  In lieu of keeping the six separate sets of records     373          

required in divisions (A) to (F) of this section and the records   375          

required in division (H) of this section, a county recorder may    376          

record all the instruments required to be recorded by this         377          

section in two separate sets of record books.  One set shall be    378          

called the "official records" and shall contain the instruments    379          

listed in divisions (A), (B), (C), (E), (F), and (H) of this       381          

section.  The second set of records shall contain the instruments  382          

listed in division (D) of this section.                            383          

                                                          10     

                                                                 
      (H)  Except as provided in division (G) of this section,     386          

the county recorder shall keep a separate set of records                        

containing all corrupt activity lien notices filed with the        387          

recorder pursuant to section 2923.36 of the Revised Code and a     388          

separate set of records containing all medicaid fraud lien         389          

notices filed with the recorder pursuant to section 2933.75 of     390          

the Revised Code.                                                  391          

      Sec. 317.32.  The county recorder shall charge and collect   401          

the following fees for the recorder's services:                                 

      (A)  For recording and indexing an instrument when the       403          

photocopy or any similar process is employed, fourteen dollars     404          

for the first two pages and four dollars for each subsequent       405          

page, size eight and one-half inches by fourteen inches, or        406          

fraction of a page, including the caption page, of such            407          

instrument;                                                        408          

      (B)  For certifying a photocopy from the record previously   410          

recorded, one dollar per page, size eight and one-half inches by   411          

fourteen inches, or fraction of a page; for each certification     412          

where the recorder's seal is required, except as to instruments    413          

issued by the armed forces of the United States, fifty cents;      414          

      (C)  For manual or typewritten recording of assignment or    416          

satisfaction of mortgage or lease or any other marginal entry,     417          

four dollars;                                                      418          

      (D)  For entering any marginal reference by separate         420          

recorded instrument, two dollars for each marginal reference set   421          

out in that instrument, in addition to the recording fee set       422          

forth in division (A) of this section;                             423          

      (E)  For indexing in the real estate mortgage records,       425          

pursuant to division (D) of section 1309.40 of the Revised Code,   426          

financing statements covering crops growing or to be grown,        427          

timber to be cut, minerals or the like, including oil and gas,     428          

accounts subject to division (E) of section 1309.03 of the         429          

Revised Code, or fixture filings made pursuant to section 1309.32  430          

of the Revised Code, two dollars for each name indexed;            431          

                                                          11     

                                                                 
      (F)  For recording manually any plat not exceeding six       433          

lines, two dollars, and for each additional line, ten cents;       434          

      (G)  For filing zoning resolutions, including text and       436          

maps, in the office of the recorder as required under sections     437          

303.11 and 519.11 of the Revised Code, fifty dollars, regardless   438          

of the size or length of the resolutions;                          439          

      (H)  For filing zoning amendments, including text and maps,  441          

in the office of the recorder as required under sections 303.12    442          

and 519.12 of the Revised Code, ten dollars for the first page     443          

and four dollars for each additional page;                         444          

      (I)  For photocopying a document, other than at the time of  446          

recording and indexing as provided for in division (A) of this     447          

section, one dollar per page, size eight and one-half inches by    448          

fourteen inches, or fraction thereof;                              449          

      (J)  For local facsimile transmission of a document, one     451          

dollar per page, size eight and one-half inches by fourteen        452          

inches, or fraction thereof; for long distance facsimile           453          

transmission of a document, two dollars per page, size eight and   454          

one-half inches by fourteen inches, or fraction thereof;           455          

      (K)  For recording a declaration executed pursuant to        457          

section 2133.02 of the Revised Code or a durable power of          459          

attorney for health care executed pursuant to section 1337.12 of   460          

the Revised Code, or both a declaration and a durable power of     462          

attorney for health care, at least fourteen dollars but not more   463          

than twenty dollars.                                                            

      In any county in which the recorder employs the photostatic  465          

or any similar process for recording maps, plats, or prints he     466          

THE RECORDER shall determine, charge, and collect for the          468          

recording or rerecording of any map, plat, or print, a fee of      469          

five cents per square inch, for each square inch of the map,       470          

plat, or print filed for that recording or rerecording, with a     471          

minimum fee of twenty dollars; for certifying a copy from the      472          

record, a fee of two cents per square inch of the record, with a   473          

minimum fee of two dollars.                                        474          

                                                          12     

                                                                 
      The fees provided in this section shall be paid upon the     476          

presentation of the instruments for record or upon the             477          

application for any certified copy of the record, excepting        478          

EXCEPT THAT THE PAYMENT OF fees associated with the filing and     480          

recording of, or the copying of, notices of internal revenue tax   481          

liens and notices of other liens in favor of the United States as  482          

described in division (A) of section 317.09 of the Revised Code    483          

and certificates of discharge or release of those liens, the       484          

payment for which shall be governed by section 317.09 of the       485          

Revised Code, AND THE PAYMENT OF FEES FOR PROVIDING COPIES OF      487          

INSTRUMENTS CONVEYING OR EXTINGUISHING AGRICULTURAL EASEMENTS TO   488          

THE OFFICE OF FARMLAND PRESERVATION UNDER DIVISION (G) OF SECTION  489          

5301.691 OF THE REVISED CODE SHALL BE GOVERNED BY THAT DIVISION.                

      Sec. 901.21.  (A)  AS USED IN THIS SECTION AND SECTION       491          

901.22 OF THE REVISED CODE:                                        493          

      (1)  "AGRICULTURAL EASEMENT" HAS THE SAME MEANING AS IN      497          

SECTION 5301.67 OF THE REVISED CODE.                               498          

      (2)  "AGRICULTURE" MEANS THOSE ACTIVITIES OCCURRING ON LAND  500          

DEVOTED EXCLUSIVELY TO AGRICULTURAL USE, AS DEFINED IN SECTION     501          

5713.30 OF THE REVISED CODE.                                                    

      (B)  THE DIRECTOR OF AGRICULTURE MAY ACQUIRE REAL PROPERTY   503          

USED PREDOMINANTLY IN AGRICULTURE AND AGRICULTURAL EASEMENTS BY    504          

GIFT, DEVISE, OR BEQUEST IF SUCH EASEMENTS ARE ON LAND THAT IS     505          

VALUED FOR PURPOSES OF REAL PROPERTY TAXATION AT ITS CURRENT       506          

VALUE FOR AGRICULTURAL USE UNDER SECTION 5713.31 OF THE REVISED    507          

CODE WHEN THE EASEMENT IS GRANTED.  ANY TERMS MAY BE INCLUDED IN   508          

AN AGRICULTURAL EASEMENT SO ACQUIRED THAT ARE NECESSARY OR         509          

APPROPRIATE TO PRESERVE ON BEHALF OF THE GRANTOR OF THE EASEMENT   510          

THE FAVORABLE TAX CONSEQUENCES OF THE GIFT, DEVISE, OR BEQUEST     511          

UNDER THE "INTERNAL REVENUE ACT OF 1986," 100 STAT. 2085, 26       513          

U.S.C.A. 1, AS AMENDED.  THE DIRECTOR, BY ANY SUCH MEANS OR BY     514          

PURCHASE OR LEASE, MAY ACQUIRE, OR ACQUIRE THE USE OF, STATIONARY  515          

PERSONAL PROPERTY OR EQUIPMENT THAT IS LOCATED ON LAND ACQUIRED    516          

IN FEE BY THE DIRECTOR UNDER THIS SECTION AND THAT IS NECESSARY    517          

                                                          13     

                                                                 
OR APPROPRIATE FOR THE USE OF THE LAND PREDOMINANTLY IN            518          

AGRICULTURE.                                                                    

      (C)  THE DIRECTOR MAY DO ALL THINGS NECESSARY OR             521          

APPROPRIATE TO RETAIN THE USE OF REAL PROPERTY ACQUIRED IN FEE     523          

UNDER DIVISION (B) OF THIS SECTION PREDOMINANTLY IN AGRICULTURE,   525          

INCLUDING, WITHOUT LIMITATION, PERFORMING ANY OF THE ACTIVITIES    526          

DESCRIBED IN SECTION 1.61 OF THE REVISED CODE OR ENTERING INTO     527          

CONTRACTS TO LEASE OR RENT THE REAL PROPERTY SO ACQUIRED TO        528          

PERSONS OR GOVERNMENTAL ENTITIES THAT WILL USE THE LAND            529          

PREDOMINANTLY IN AGRICULTURE.                                      530          

      (D)(1)  WHEN THE DIRECTOR CONSIDERS IT TO BE NECESSARY OR    533          

APPROPRIATE, THE DIRECTOR MAY SELL REAL PROPERTY ACQUIRED IN FEE,  534          

AND STATIONARY PERSONAL PROPERTY OR EQUIPMENT ACQUIRED BY GIFT,    535          

DEVISE, BEQUEST, OR PURCHASE, UNDER DIVISION (B) OF THIS SECTION   537          

ON SUCH TERMS AS THE DIRECTOR CONSIDERS TO BE ADVANTAGEOUS TO      538          

THIS STATE.                                                                     

      (2)  AN AGRICULTURAL EASEMENT ACQUIRED UNDER DIVISION (B)    541          

OF THIS SECTION MAY BE EXTINGUISHED UNDER THE CIRCUMSTANCES        542          

PRESCRIBED, AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET    543          

FORTH, IN THE INSTRUMENT CONVEYING THE AGRICULTURAL EASEMENT.      545          

      (E)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE       548          

AGRICULTURAL EASEMENT PURCHASE FUND.  THE FUND SHALL CONSIST OF    549          

THE PROCEEDS RECEIVED FROM THE SALE OF REAL AND PERSONAL PROPERTY  550          

UNDER DIVISION (D) OF THIS SECTION; MONEYS RECEIVED DUE TO THE     552          

EXTINGUISHMENT OF AGRICULTURAL EASEMENTS ACQUIRED BY THE DIRECTOR  553          

UNDER DIVISION (B) OF THIS SECTION OR SECTION 5301.691 OF THE      555          

REVISED CODE; MONEYS RECEIVED DUE TO THE EXTINGUISHMENT OF         557          

AGRICULTURAL EASEMENTS PURCHASED WITH THE ASSISTANCE OF MATCHING   558          

GRANTS MADE UNDER SECTION 901.22 OF THE REVISED CODE; GIFTS,       560          

BEQUESTS, DEVISES, AND CONTRIBUTIONS RECEIVED BY THE DIRECTOR FOR  561          

THE PURPOSE OF ACQUIRING AGRICULTURAL EASEMENTS; AND GRANTS        562          

RECEIVED FROM PUBLIC OR PRIVATE SOURCES FOR THE PURPOSE OF         563          

PURCHASING AGRICULTURAL EASEMENTS.  THE FUND SHALL BE              565          

ADMINISTERED BY THE DIRECTOR, AND MONEYS IN THE FUND SHALL BE                   

                                                          14     

                                                                 
USED BY THE DIRECTOR EXCLUSIVELY TO PURCHASE AGRICULTURAL          567          

EASEMENTS UNDER DIVISION (B) OF SECTION 5301.691 OF THE REVISED    569          

CODE AND PROVIDE MATCHING GRANTS UNDER SECTION 901.22 OF THE       570          

REVISED CODE TO MUNICIPAL CORPORATIONS, COUNTIES, TOWNSHIPS, AND                

CHARITABLE ORGANIZATIONS FOR THE PURCHASE OF AGRICULTURAL          572          

EASEMENTS.   MONEY IN THE FUND SHALL BE USED ONLY TO PURCHASE      573          

AGRICULTURAL EASEMENTS ON LAND THAT IS VALUED FOR PURPOSES OF      574          

REAL PROPERTY TAXATION AT ITS CURRENT VALUE FOR AGRICULTURAL USE   575          

UNDER SECTION 5713.31 OF THE REVISED CODE WHEN THE EASEMENT IS                  

PURCHASED.                                                         576          

      Sec. 901.22.  (A)  THE DIRECTOR OF AGRICULTURE, IN           578          

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT      580          

RULES THAT DO ALL OF THE FOLLOWING:                                581          

      (1)  ESTABLISH PROCEDURES AND ELIGIBILITY CRITERIA FOR       583          

MAKING MATCHING GRANTS TO MUNICIPAL CORPORATIONS, COUNTIES,        584          

TOWNSHIPS, AND CHARITABLE ORGANIZATIONS DESCRIBED IN DIVISION (B)  585          

OF SECTION 5301.69 OF THE REVISED CODE FOR THE PURCHASE OF         586          

AGRICULTURAL EASEMENTS;                                            587          

      (2)  ESTABLISH PROVISIONS THAT SHALL BE INCLUDED IN THE      589          

INSTRUMENT CONVEYING TO A MUNICIPAL CORPORATION, COUNTY,           590          

TOWNSHIP, OR CHARITABLE ORGANIZATION ANY AGRICULTURAL EASEMENT     591          

PURCHASED WITH MATCHING GRANT FUNDS PROVIDED BY THE DIRECTOR       592          

UNDER THIS SECTION, INCLUDING, WITHOUT LIMITATION, ALL OF THE      594          

FOLLOWING PROVISIONS:                                                           

      (a)  A PROVISION STATING THAT AN EASEMENT SO PURCHASED MAY   597          

BE EXTINGUISHED ONLY IF AN UNEXPECTED CHANGE IN THE CONDITIONS OF  598          

OR SURROUNDING THE LAND THAT IS SUBJECT TO THE EASEMENT MAKES      599          

IMPOSSIBLE OR IMPRACTICAL THE CONTINUED USE OF THE LAND FOR THE    600          

PURPOSES DESCRIBED IN THE EASEMENT, OR IF THE REQUIREMENTS OF THE  601          

EASEMENT ARE EXTINGUISHED BY JUDICIAL PROCEEDINGS;                 602          

      (b)  A PROVISION REQUIRING THAT, UPON THE SALE, EXCHANGE,    605          

OR INVOLUNTARY CONVERSION OF THE LAND SUBJECT TO THE EASEMENT,     606          

THE HOLDER OF THE EASEMENT SHALL BE PAID AN AMOUNT OF MONEY THAT                

IS AT LEAST EQUAL TO THE PROPORTIONATE VALUE OF THE EASEMENT       609          

                                                          15     

                                                                 
COMPARED TO THE TOTAL VALUE OF THE LAND AT THE TIME THE EASEMENT   610          

WAS ACQUIRED;                                                                   

      (c)  A PROVISION REQUIRING THAT, UPON RECEIPT OF THE         612          

PORTION OF THE PROCEEDS OF A SALE, EXCHANGE, OR INVOLUNTARY        613          

CONVERSION DESCRIBED IN DIVISION (A)(2)(b) OF THIS SECTION, THE    615          

MUNICIPAL CORPORATION, COUNTY, TOWNSHIP, OR CHARITABLE             616          

ORGANIZATION REMIT TO THE DIRECTOR AN AMOUNT OF MONEY EQUAL TO     617          

THE PERCENTAGE OF THE COST OF PURCHASING THE EASEMENT IT RECEIVED  618          

AS A MATCHING GRANT UNDER THIS SECTION.                            620          

      MONEYS RECEIVED BY THE DIRECTOR PURSUANT TO RULES ADOPTED    622          

UNDER DIVISION (A)(2)(c) OF THIS SECTION SHALL BE CREDITED TO THE  624          

AGRICULTURAL EASEMENT PURCHASE FUND CREATED IN SECTION 901.21 OF   625          

THE REVISED CODE.                                                  627          

      (3)  ANY OTHER REQUIREMENTS THAT THE DIRECTOR CONSIDERS TO   629          

BE NECESSARY OR APPROPRIATE TO IMPLEMENT OR ADMINISTER A PROGRAM   630          

TO MAKE MATCHING GRANTS UNDER THIS SECTION AND MONITOR THOSE       632          

GRANTS.                                                                         

      (B)  THE DIRECTOR MAY DEVELOP GUIDELINES REGARDING THE       635          

ACQUISITION OF AGRICULTURAL EASEMENTS BY THE DEPARTMENT OF         636          

AGRICULTURE AND THE PROVISIONS OF INSTRUMENTS CONVEYING THOSE      637          

EASEMENTS.  THE DIRECTOR MAY MAKE THE GUIDELINES AVAILABLE TO      638          

PUBLIC AND PRIVATE ENTITIES AUTHORIZED TO ACQUIRE AND HOLD         639          

AGRICULTURAL EASEMENTS.                                            640          

      (C)  THE DIRECTOR MAY PROVIDE TECHNICAL ASSISTANCE IN        643          

DEVELOPING A PROGRAM FOR THE ACQUISITION AND MONITORING OF         644          

AGRICULTURAL EASEMENTS TO PUBLIC AND PRIVATE ENTITIES AUTHORIZED   645          

TO HOLD AGRICULTURAL EASEMENTS.  THE TECHNICAL ASSISTANCE MAY      647          

INCLUDE, WITHOUT LIMITATION, REVIEWING AND PROVIDING ADVISORY      648          

RECOMMENDATIONS REGARDING DRAFT INSTRUMENTS CONVEYING                           

AGRICULTURAL EASEMENTS.                                            649          

      (D)  THE DIRECTOR MAY MAKE MATCHING GRANTS FROM THE          652          

AGRICULTURAL EASEMENTS PURCHASE FUND CREATED IN SECTION 901.21 OF  653          

THE REVISED CODE TO MUNICIPAL CORPORATIONS, COUNTIES, TOWNSHIPS,   655          

AND CHARITABLE ORGANIZATIONS DESCRIBED IN DIVISION (B) OF SECTION  656          

                                                          16     

                                                                 
5301.69 OF THE REVISED CODE, TO ASSIST THOSE POLITICAL                          

SUBDIVISIONS AND CHARITABLE ORGANIZATIONS IN PURCHASING            658          

AGRICULTURAL EASEMENTS.  APPLICATION FOR A MATCHING GRANT SHALL    659          

BE MADE ON FORMS PRESCRIBED AND PROVIDED BY THE DIRECTOR.  THE     660          

MATCHING GRANTS SHALL BE MADE IN COMPLIANCE WITH THE CRITERIA AND  661          

PROCEDURES ESTABLISHED IN RULES ADOPTED UNDER THIS SECTION.        662          

INSTRUMENTS CONVEYING AGRICULTURAL EASEMENTS PURCHASED WITH        664          

MATCHING GRANT FUNDS PROVIDED UNDER THIS SECTION, AT A MINIMUM,    665          

SHALL INCLUDE THE MANDATORY PROVISIONS SET FORTH IN THOSE RULES.   666          

      Sec. 5301.67.  As used in sections 5301.67 to 5301.70 of     675          

the Revised Code,:                                                 676          

      (A)  "conservation CONSERVATION easement" means an           678          

incorporeal right or interest in land that is held for the public  680          

purpose of retaining land, water, or wetland areas predominantly   681          

in their natural, scenic, open, or wooded condition, in            683          

agricultural, horticultural, silvicultural, or other farming or    684          

forest use INCLUDING, WITHOUT LIMITATION, THE USE OF LAND IN       685          

AGRICULTURE WHEN CONSISTENT WITH AND IN FURTHERANCE OF THE         686          

PURPOSE OF RETAINING THOSE AREAS IN SUCH A CONDITION, or           687          

RETAINING THEIR USE PREDOMINANTLY as suitable habitat for fish,    688          

plants, or wildlife; that imposes any limitations on the use or    689          

development of the areas that are appropriate at the time of       690          

creation of the conservation easement to achieve one or more of    691          

such THOSE purposes; and that includes appropriate provisions for  692          

the holder to enter the property subject to the easement at        693          

reasonable times to ensure compliance with its provisions.         694          

      (B)  "AGRICULTURE" MEANS THOSE ACTIVITIES OCCURRING ON LAND  696          

DEVOTED EXCLUSIVELY TO AGRICULTURAL USE, AS DEFINED IN SECTION     697          

5713.30 OF THE REVISED CODE.                                                    

      (C)  "AGRICULTURAL EASEMENT" MEANS AN INCORPOREAL RIGHT OR   700          

INTEREST IN LAND THAT IS HELD FOR THE PUBLIC PURPOSE OF RETAINING  701          

THE USE OF LAND PREDOMINANTLY IN AGRICULTURE THAT IMPOSES ANY      702          

LIMITATIONS ON THE USE OR DEVELOPMENT OF THE LAND THAT ARE         703          

APPROPRIATE AT THE TIME OF CREATION OF THE EASEMENT TO ACHIEVE     704          

                                                          17     

                                                                 
THAT PURPOSE; THAT IS IN THE FORM OF ARTICLES OF DEDICATION,       705          

EASEMENT, COVENANT, RESTRICTION, OR CONDITION; AND THAT INCLUDES   706          

APPROPRIATE PROVISIONS FOR THE HOLDER TO ENTER THE PROPERTY        707          

SUBJECT TO THE EASEMENT AT REASONABLE TIMES TO ENSURE COMPLIANCE   708          

WITH ITS PROVISIONS.                                               709          

      Sec. 5301.68.  An owner of land may grant a conservation     719          

easement to the department of natural resources, a park district   720          

created under Chapter 1545. of the Revised Code, a township park   722          

district created under section 511.18 of the Revised Code, a       723          

conservancy district created under Chapter 6101. of the Revised    724          

Code, a soil and water conservation district created under                      

Chapter 1515. of the Revised Code, a county, a township, a         725          

municipal corporation, or a charitable organization that is        726          

authorized to hold conservation easements by division (B) of       727          

section 5301.69 of the Revised Code, in the form of articles of    729          

dedication, easement, covenant, restriction, or condition.  AN                  

OWNER OF LAND ALSO MAY GRANT AN AGRICULTURAL EASEMENT TO THE       730          

DIRECTOR OF AGRICULTURE; TO A MUNICIPAL CORPORATION, COUNTY, OR    732          

TOWNSHIP; OR TO A CHARITABLE ORGANIZATION DESCRIBED IN DIVISION    734          

(B) OF SECTION 5301.69 OF THE REVISED CODE.  AN OWNER OF LAND MAY               

GRANT AN AGRICULTURAL EASEMENT ONLY ON LAND THAT IS VALUED FOR     735          

PURPOSES OF REAL PROPERTY TAXATION AT ITS CURRENT VALUE FOR        736          

AGRICULTURAL USE UNDER SECTION 5713.31 OF THE REVISED CODE WHEN    737          

THE EASEMENT IS GRANTED.                                                        

      All conservation easements AND AGRICULTURAL EASEMENTS shall  739          

be executed and recorded in the same manner as other instruments   741          

conveying interests in land.                                                    

      Sec. 5301.69.  (A)  The director of natural resources, the   750          

board of park commissioners of a park district created under       752          

Chapter 1545. of the Revised Code, the board of park               753          

commissioners of a township park district created under section                 

511.18 of the Revised Code, the board of directors of a            755          

conservancy district created under Chapter 6101. of the Revised    756          

Code, the board of supervisors of a soil and water conservation                 

                                                          18     

                                                                 
district created under Chapter 1515. of the Revised Code, the      757          

board of county commissioners of a county, the board of township   758          

trustees of a township, or the legislative authority of a          759          

municipal corporation may acquire conservation easements in the    761          

name of the state, the district, or the county, township, or       762          

municipal corporation in the same manner as other interests in     763          

land may be acquired under section 307.02, 307.18, 505.10,         764          

505.261, 511.23, 717.01, 1501.01, 1515.08, 1545.11, or 6101.15 of  765          

the Revised Code, and each.  EACH officer, board, or authority     767          

acquiring a conservation easement shall name an appropriate        768          

administrative officer, department, or division to supervise and   769          

enforce the easement.                                                           

      (B)  A charitable organization may acquire and hold          771          

conservation easements if it is exempt from federal taxation       772          

under subsection 501(a) and is described in subsection 501(c) of   773          

the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as  775          

amended, and organized for any of the following purposes:  the     776          

preservation of land areas for public outdoor recreation or        777          

education, or scenic enjoyment; the preservation of historically   778          

important land areas or structures; or the protection of natural   779          

environmental systems.  SUCH A CHARITABLE ORGANIZATION ALSO MAY    780          

ACQUIRE AND HOLD AGRICULTURAL EASEMENTS SUBJECT TO THE LIMITATION  781          

THAT IT MAY DO SO ONLY ON LAND THAT IS VALUED FOR PURPOSES OF                   

REAL PROPERTY TAXATION AT ITS CURRENT VALUE FOR AGRICULTURAL USE   782          

UNDER SECTION 5713.31 OF THE REVISED CODE WHEN THE EASEMENT IS     783          

GRANTED.                                                                        

      Sec. 5301.691.  (A)(1)  SUBJECT TO DIVISIONS (A)(2) AND (E)  786          

OF THIS SECTION, THE DIRECTOR OF AGRICULTURE, WITH MONEYS          787          

CREDITED TO THE AGRICULTURAL EASEMENT PURCHASE FUND CREATED IN     788          

SECTION 901.21 OF THE REVISED CODE, MAY PURCHASE AGRICULTURAL                   

EASEMENTS IN THE NAME OF THE STATE.                                790          

      (2)  NOT LESS THAN THIRTY DAYS PRIOR TO THE ACQUISITION OF   792          

AN AGRICULTURAL EASEMENT UNDER DIVISION (A)(1) OF THIS SECTION OR  794          

THE EXTINGUISHMENT OF SUCH AN EASEMENT PURCHASED UNDER THAT        795          

                                                          19     

                                                                 
DIVISION, THE DIRECTOR SHALL PROVIDE WRITTEN NOTICE OF THE         796          

INTENTION TO DO SO TO THE BOARD OF COUNTY COMMISSIONERS OF THE     797          

COUNTY IN WHICH THE LAND THAT IS OR IS PROPOSED TO BE SUBJECT TO   798          

THE EASEMENT OR EXTINGUISHMENT IS LOCATED, AND EITHER TO THE       799          

LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION IN WHICH THE    800          

LAND IS LOCATED, IF IT IS LOCATED IN AN INCORPORATED AREA, OR TO   801          

THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH THE LAND   802          

IS LOCATED, IF IT IS LOCATED IN AN UNINCORPORATED AREA.  IF,       803          

WITHIN THIRTY DAYS AFTER THE DIRECTOR PROVIDES THE NOTICE, THE     804          

BOARD OF COUNTY COMMISSIONERS, LEGISLATIVE AUTHORITY, OR BOARD OF  805          

TOWNSHIP TRUSTEES REQUESTS AN INFORMATIONAL MEETING WITH THE       806          

DIRECTOR REGARDING THE PROPOSED ACQUISITION OR EXTINGUISHMENT,     807          

THE DIRECTOR SHALL MEET WITH THE LEGISLATIVE AUTHORITY OR BOARD    808          

TO RESPOND TO THE BOARD'S OR AUTHORITY'S QUESTIONS AND CONCERNS.   809          

IF A MEETING IS TIMELY REQUESTED UNDER DIVISION (A)(2) OF THIS     811          

SECTION, THE DIRECTOR SHALL NOT UNDERTAKE THE PROPOSED             812          

ACQUISITION OR EXTINGUISHMENT UNTIL AFTER THE MEETING HAS BEEN     813          

CONCLUDED.                                                         814          

      THE DIRECTOR, UPON THE DIRECTOR'S OWN INITIATIVE AND PRIOR   816          

TO THE PURCHASE OF AN AGRICULTURAL EASEMENT UNDER DIVISION (A)(1)  818          

OF THIS SECTION OR THE EXTINGUISHMENT OF SUCH AN EASEMENT, MAY     819          

HOLD AN INFORMATIONAL MEETING WITH THE BOARD OF COUNTY             821          

COMMISSIONERS AND THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL       822          

CORPORATION OR BOARD OF TOWNSHIP TRUSTEES IN WHICH LAND THAT       823          

WOULD BE AFFECTED BY THE PROPOSED ACQUISITION OR EXTINGUISHMENT    824          

IS LOCATED, TO RESPOND TO ANY QUESTIONS AND CONCERNS OF THE BOARD  825          

OR AUTHORITY REGARDING THE PROPOSED ACQUISITION OR                 826          

EXTINGUISHMENT.                                                                 

      (B)(1)  SUBJECT TO DIVISION (E) OF THIS SECTION, THE         828          

LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION, BOARD OF COUNTY  830          

COMMISSIONERS OF A COUNTY, OR BOARD OF TRUSTEES OF A TOWNSHIP,     831          

WITH MONEYS IN THE POLITICAL SUBDIVISION'S GENERAL FUND NOT        832          

REQUIRED BY LAW OR CHARTER TO BE USED FOR OTHER SPECIFIED          833          

PURPOSES OR WITH MONEYS IN A SPECIAL FUND OF THE POLITICAL         834          

                                                          20     

                                                                 
SUBDIVISION TO BE USED FOR THE PURCHASE OF AGRICULTURAL                         

EASEMENTS, MAY PURCHASE AGRICULTURAL EASEMENTS IN THE NAME OF THE  836          

MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP.                        837          

      (2)  SUBJECT TO DIVISION (E) OF THIS SECTION, THE            839          

LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION, BOARD OF COUNTY  840          

COMMISSIONERS OF A COUNTY, OR BOARD OF TOWNSHIP TRUSTEES OF A      841          

TOWNSHIP MAY ACQUIRE AGRICULTURAL EASEMENTS BY GIFT, DEVISE, OR    843          

BEQUEST.  ANY TERMS MAY BE INCLUDED IN AN AGRICULTURAL EASEMENT    844          

SO ACQUIRED THAT ARE NECESSARY OR APPROPRIATE TO PRESERVE ON       845          

BEHALF OF THE GRANTOR OF THE EASEMENT THE FAVORABLE TAX            846          

CONSEQUENCES OF THE GIFT, DEVISE, OR BEQUEST UNDER THE "INTERNAL   847          

REVENUE ACT OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED.   850          

      (C)(1)  THE TERM OF AN AGRICULTURAL EASEMENT PURCHASED       853          

WHOLLY OR IN PART WITH MONEY FROM THE AGRICULTURAL EASEMENT        854          

PURCHASE FUND SHALL BE PERPETUAL AND SHALL RUN WITH THE LAND.      855          

      (2)  THE TERM OF AN AGRICULTURAL EASEMENT PURCHASED BY SUCH  857          

A LEGISLATIVE AUTHORITY OR BOARD WITHOUT THE USE OF ANY MONEY      859          

FROM THE AGRICULTURAL EASEMENT PURCHASE FUND MAY BE PERPETUAL OR   860          

FOR A SPECIFIED PERIOD.  THE AGRICULTURAL EASEMENT SHALL RUN WITH  861          

THE LAND.  THE INSTRUMENT CONVEYING AN AGRICULTURAL EASEMENT FOR   863          

A SPECIFIED PERIOD SHALL INCLUDE PROVISIONS SPECIFYING, AT A       864          

MINIMUM, ALL OF THE FOLLOWING:                                                  

      (a)  THE CONSIDERATION TO BE PAID FOR THE EASEMENT AND       867          

MANNER OF PAYMENT;                                                              

      (b)  WHETHER THE EASEMENT IS RENEWABLE AND, IF SO,           869          

PROCEDURES FOR ITS RENEWAL;                                        870          

      (c)  THE CIRCUMSTANCES UNDER WHICH THE EASEMENT MAY BE       872          

EXTINGUISHED;                                                      873          

      (d)  THE METHOD FOR DETERMINING THE AMOUNT OF MONEY, IF      876          

ANY, DUE THE HOLDER OF THE EASEMENT UPON EXTINGUISHMENT AND FOR    877          

PAYMENT OF THAT AMOUNT TO THE HOLDER.                              878          

      (D)  THE DIRECTOR AND EACH LEGISLATIVE AUTHORITY OF A        881          

MUNICIPAL CORPORATION, BOARD OF COUNTY COMMISSIONERS, OR BOARD OF  882          

TOWNSHIP TRUSTEES, UPON ACQUIRING AN AGRICULTURAL EASEMENT BY      883          

                                                          21     

                                                                 
PURCHASE, GIFT, DEVISE, OR BEQUEST UNDER THIS SECTION OR SECTION   884          

901.21 OF THE REVISED CODE, SHALL NAME AN APPROPRIATE              886          

ADMINISTRATIVE OFFICER, DEPARTMENT, OR DIVISION TO SUPERVISE AND   887          

ENFORCE THE EASEMENT.  A LEGISLATIVE AUTHORITY OR BOARD MAY ENTER  888          

INTO A CONTRACT WITH THE BOARD OF PARK COMMISSIONERS OF A PARK     890          

DISTRICT ESTABLISHED UNDER CHAPTER 1545. OF THE REVISED CODE, THE  893          

BOARD OF PARK COMMISSIONERS OF A TOWNSHIP PARK DISTRICT            894          

ESTABLISHED UNDER SECTION 511.18 OF THE REVISED CODE, OR THE       896          

BOARD OF SUPERVISORS OF A SOIL AND WATER CONSERVATION DISTRICT     897          

ESTABLISHED UNDER CHAPTER 1515. OF THE REVISED CODE HAVING         900          

TERRITORIAL JURISDICTION WITHIN THE MUNICIPAL CORPORATION,         901          

COUNTY, OR TOWNSHIP, OR WITH A CHARITABLE ORGANIZATION DESCRIBED   902          

IN DIVISION (B) OF SECTION 5301.69 OF THE REVISED CODE, TO         905          

SUPERVISE ON BEHALF OF THE LEGISLATIVE AUTHORITY OR BOARD AN       906          

AGRICULTURAL EASEMENT SO ACQUIRED.  THE CONTRACT MAY BE ENTERED    907          

INTO ON SUCH TERMS AS ARE AGREEABLE TO THE PARTIES AND SHALL       908          

SPECIFY OR PRESCRIBE A METHOD FOR DETERMINING THE AMOUNTS OF ANY   909          

PAYMENTS TO BE MADE BY THE LEGISLATIVE AUTHORITY OR BOARD OF       910          

COUNTY COMMISSIONERS OR TOWNSHIP TRUSTEES FOR THE PERFORMANCE OF   911          

THE CONTRACT.                                                      912          

      (E)  THE DIRECTOR; A MUNICIPAL CORPORATION, COUNTY, OR       914          

TOWNSHIP; OR A CHARITABLE ORGANIZATION DESCRIBED IN DIVISION (B)   915          

OF SECTION 5301.69 OF THE REVISED CODE, MAY ACQUIRE AGRICULTURAL   916          

EASEMENTS BY PURCHASE, GIFT, DEVISE, OR BEQUEST ONLY ON LAND THAT  917          

IS VALUED FOR PURPOSES OF REAL PROPERTY TAXATION AT ITS CURRENT    918          

VALUE FOR AGRICULTURAL USE UNDER SECTION 5713.31 OF THE REVISED                 

CODE WHEN THE EASEMENT IS GRANTED.                                 919          

      (F)  AN AGRICULTURAL EASEMENT ACQUIRED BY THE DIRECTOR       922          

UNDER DIVISION (A) OF THIS SECTION MAY BE EXTINGUISHED IF AN       926          

UNEXPECTED CHANGE IN THE CONDITIONS OF OR SURROUNDING THE LAND     927          

THAT IS SUBJECT TO THE EASEMENT MAKES IMPOSSIBLE OR IMPRACTICAL    928          

THE CONTINUED USE OF THE LAND FOR THE PURPOSES DESCRIBED IN THE    929          

AGRICULTURAL EASEMENT, OR IF THE REQUIREMENTS OF THE EASEMENT ARE  930          

EXTINGUISHED BY JUDICIAL PROCEEDINGS.  UPON THE SALE, EXCHANGE,    931          

                                                          22     

                                                                 
OR INVOLUNTARY CONVERSION OF THE LAND SUBJECT TO THE EASEMENT,     932          

THE DIRECTOR SHALL BE PAID AN AMOUNT OF MONEY THAT IS AT LEAST     934          

EQUAL TO THE PROPORTIONATE VALUE OF THE EASEMENT COMPARED TO THE   935          

TOTAL VALUE OF THE LAND AT THE TIME THE EASEMENT WAS ACQUIRED.     936          

MONEYS SO RECEIVED SHALL BE CREDITED TO THE AGRICULTURAL EASEMENT  937          

PURCHASE FUND CREATED IN SECTION 901.21 OF THE REVISED CODE.       939          

      AN AGRICULTURAL EASEMENT ACQUIRED BY A MUNICIPAL             941          

CORPORATION, COUNTY, OR TOWNSHIP UNDER DIVISION (B) OF THIS        943          

SECTION MAY BE EXTINGUISHED UNDER THE CIRCUMSTANCES PRESCRIBED,    945          

AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH, IN THE  946          

INSTRUMENT CONVEYING THE AGRICULTURAL EASEMENT.  AN AGRICULTURAL   949          

EASEMENT ACQUIRED BY A CHARITABLE ORGANIZATION DESCRIBED IN        950          

DIVISION (B) OF SECTION 5301.69 OF THE REVISED CODE MAY BE         953          

EXTINGUISHED UNDER THE CIRCUMSTANCES PRESCRIBED, AND IN            954          

ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH, IN THE         955          

INSTRUMENT CONVEYING THE AGRICULTURAL EASEMENT.                    956          

      ANY INSTRUMENT EXTINGUISHING AN AGRICULTURAL EASEMENT SHALL  960          

BE EXECUTED AND RECORDED IN THE SAME MANNER AS OTHER INSTRUMENTS   961          

CONVEYING OR TERMINATING INTERESTS IN REAL PROPERTY.               962          

      (G)  PROMPTLY AFTER THE RECORDING AND INDEXING OF AN         965          

INSTRUMENT CONVEYING AN AGRICULTURAL EASEMENT TO ANY PERSON OR TO  966          

A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP OR OF AN INSTRUMENT   967          

EXTINGUISHING AN AGRICULTURAL EASEMENT HELD BY ANY PERSON OR SUCH  969          

A POLITICAL SUBDIVISION, THE COUNTY RECORDER SHALL MAIL, BY        970          

REGULAR MAIL, A PHOTOCOPY OF THE INSTRUMENT TO THE OFFICE OF                    

FARMLAND PRESERVATION IN THE DEPARTMENT OF AGRICULTURE.  THE       971          

PHOTOCOPY SHALL BE ACCOMPANIED BY AN INVOICE FOR THE APPLICABLE    973          

FEE ESTABLISHED IN SECTION 317.32 OF THE REVISED CODE.  PROMPTLY   974          

AFTER RECEIVING THE PHOTOCOPY AND INVOICE, THE OFFICE OF FARMLAND  975          

PRESERVATION SHALL REMIT THE FEE TO THE COUNTY RECORDER.           977          

      (H)  THE DIRECTOR, THE LEGISLATIVE AUTHORITY OF A MUNICIPAL  980          

CORPORATION, A BOARD OF COUNTY COMMISSIONERS, OR A BOARD OF        981          

TOWNSHIP TRUSTEES MAY RECEIVE AND EXPEND GRANTS FROM ANY PUBLIC    982          

OR PRIVATE SOURCE FOR THE PURPOSE OF PURCHASING AGRICULTURAL       983          

                                                          23     

                                                                 
EASEMENTS AND SUPERVISING AND ENFORCING THEM.                      984          

      Sec. 5301.692.  THE LEGISLATIVE AUTHORITY OF A MUNICIPAL     987          

CORPORATION, BOARD OF COUNTY COMMISSIONERS OF A COUNTY, OR BOARD   988          

OF TOWNSHIP TRUSTEES OF A TOWNSHIP, IN ADDITION TO THE             989          

LEGISLATIVE AUTHORITY'S OR BOARD'S OTHER POWERS, MAY HOLD LAND OR  992          

INTERESTS IN LAND FOR THE PURPOSE OF RETAINING THE USE OF THE                   

LAND PREDOMINANTLY IN AGRICULTURE.  THE AUTHORITY AND BOARDS MAY   995          

DO ALL THINGS NECESSARY OR APPROPRIATE TO ACHIEVE THAT PURPOSE,    996          

INCLUDING, WITHOUT LIMITATION, PERFORMING ANY OF THE ACTIVITIES    997          

DESCRIBED IN DIVISION (A)(1) OR (2) OF SECTION 5713.30 OF THE      999          

REVISED CODE OR ENTERING INTO CONTRACTS TO LEASE OR RENT THE LAND  1,000        

OR INTERESTS IN LAND SO HELD TO PERSONS OR GOVERNMENTAL ENTITIES   1,001        

WHO WILL USE THE LAND PREDOMINANTLY IN AGRICULTURE.                1,002        

      Sec. 5705.19.  This section does not apply to school         1,011        

districts or county school financing districts.                    1,012        

      The taxing authority of any subdivision at any time and in   1,014        

any year, by vote of two-thirds of all the members of the taxing   1,015        

authority, may declare by resolution and certify the resolution    1,016        

to the board of elections not less than seventy-five days before   1,017        

the election upon which it will be voted that the amount of taxes  1,018        

that may be raised within the ten-mill limitation will be          1,019        

insufficient to provide for the necessary requirements of the      1,020        

subdivision and that it is necessary to levy a tax in excess of    1,021        

that limitation for any of the following purposes:                 1,022        

      (A)  For current expenses of the subdivision, except that    1,024        

the total levy for current expenses of a detention home district   1,025        

or district organized under section 2151.65 of the Revised Code    1,026        

shall not exceed two mills and that the total levy for current     1,027        

expenses of a combined district organized under sections 2151.34   1,028        

and 2151.65 of the Revised Code shall not exceed four mills;       1,029        

      (B)  For the payment of debt charges on certain described    1,031        

bonds, notes, or certificates of indebtedness of the subdivision   1,032        

issued subsequent to January 1, 1925;                              1,033        

      (C)  For the debt charges on all bonds, notes, and           1,035        

                                                          24     

                                                                 
certificates of indebtedness issued and authorized to be issued    1,036        

prior to January 1, 1925;                                          1,037        

      (D)  For a public library of, or supported by, the           1,039        

subdivision under whatever law organized or authorized to be       1,040        

supported;                                                         1,041        

      (E)  For a municipal university, not to exceed two mills     1,043        

over the limitation of one mill prescribed in section 3349.13 of   1,044        

the Revised Code;                                                  1,045        

      (F)  For the construction or acquisition of any specific     1,047        

permanent improvement or class of improvements that the taxing     1,048        

authority of the subdivision may include in a single bond issue;   1,049        

      (G)  For the general construction, reconstruction,           1,051        

resurfacing, and repair of streets, roads, and bridges in          1,052        

municipal corporations, counties, or townships;                    1,053        

      (H)  For recreational purposes;                              1,055        

      (I)  For the purpose of providing and maintaining fire       1,057        

apparatus, appliances, buildings, or sites therefor, or sources    1,058        

of water supply and materials therefor, or the establishment and   1,059        

maintenance of lines of fire alarm telegraph, or the payment of    1,060        

permanent, part-time, or volunteer firefighters or fire-fighting   1,062        

companies to operate the same, including the payment of the        1,063        

firefighters employer's contribution required under section        1,064        

742.34 of the Revised Code, or to purchase ambulance equipment,    1,066        

or to provide ambulance, paramedic, or other emergency medical     1,067        

services operated by a fire department or fire-fighting company;   1,068        

      (J)  For the purpose of providing and maintaining motor      1,070        

vehicles, communications, and other equipment used directly in     1,071        

the operation of a police department, or the payment of salaries   1,072        

of permanent police personnel, including the payment of the        1,073        

police employer's contribution required under section 742.33 of    1,076        

the Revised Code, or the payment of the costs incurred by                       

townships as a result of contracts made with other political       1,077        

subdivisions in order to obtain police protection, or to provide   1,078        

ambulance or emergency medical services operated by a police       1,079        

                                                          25     

                                                                 
department;                                                        1,080        

      (K)  For the maintenance and operation of a county home;     1,082        

      (L)  For community mental retardation and developmental      1,084        

disabilities programs and services pursuant to Chapter 5126. of    1,085        

the Revised Code, except that the procedure for such levies shall  1,086        

be as provided in section 5705.222 of the Revised Code;            1,087        

      (M)  For regional planning;                                  1,089        

      (N)  For a county's share of the cost of maintaining and     1,091        

operating schools, district detention homes, forestry camps, or    1,092        

other facilities, or any combination thereof established under     1,093        

section 2151.34 or 2151.65 of the Revised Code or both of those    1,094        

sections;                                                          1,095        

      (O)  For providing for flood defense, providing and          1,097        

maintaining a flood wall or pumps, and other purposes to prevent   1,098        

floods;                                                            1,099        

      (P)  For maintaining and operating sewage disposal plants    1,101        

and facilities;                                                    1,102        

      (Q)  For the purpose of purchasing, acquiring,               1,104        

constructing, enlarging, improving, equipping, repairing,          1,105        

maintaining, or operating, or any combination of the foregoing, a  1,106        

county transit system pursuant to sections 306.01 to 306.13 of     1,107        

the Revised Code, or to make any payment to a board of county      1,108        

commissioners operating a transit system or a county transit       1,109        

board pursuant to section 306.06 of the Revised Code;              1,110        

      (R)  For the subdivision's share of the cost of acquiring    1,112        

or constructing any schools, forestry camps, detention homes, or   1,113        

other facilities, or any combination thereof under section         1,114        

2151.34 or 2151.65 of the Revised Code or both of those sections;  1,115        

      (S)  For the prevention, control, and abatement of air       1,117        

pollution;                                                         1,118        

      (T)  For maintaining and operating cemeteries;               1,120        

      (U)  For providing ambulance service, emergency medical      1,122        

service, or both;                                                  1,123        

      (V)  For providing for the collection and disposal of        1,125        

                                                          26     

                                                                 
garbage or refuse;                                                 1,126        

      (W)  For the payment of the police employer's contribution   1,129        

or the firefighters employer's contribution required under         1,131        

sections 742.33 and 742.34 of the Revised Code;                                 

      (X)  For the construction and maintenance of a drainage      1,133        

improvement pursuant to section 6131.52 of the Revised Code;       1,134        

      (Y)  For providing or maintaining senior citizens services   1,136        

or facilities as authorized by section 307.694, 307.85, 505.70,    1,137        

505.706, or division (EE) of section 717.01 of the Revised Code;   1,138        

      (Z)  For the provision and maintenance of zoological park    1,140        

services and facilities as authorized under section 307.76 of the  1,141        

Revised Code;                                                      1,142        

      (AA)  For the maintenance and operation of a free public     1,144        

museum of art, science, or history;                                1,145        

      (BB)  For the establishment and operation of a 9-1-1         1,147        

system, as defined in section 4931.40 of the Revised Code;         1,148        

      (CC)  For the purpose of acquiring, rehabilitating, or       1,150        

developing rail property or rail service.  As used in this         1,151        

division, "rail property" and "rail service" have the same         1,152        

meanings as in section 4981.01 of the Revised Code.  This          1,153        

division applies only to a county, township, or municipal          1,154        

corporation.                                                       1,155        

      (DD)  For the purpose of acquiring property for,             1,157        

constructing, operating, and maintaining community centers as      1,158        

provided for in section 755.16 of the Revised Code;                1,159        

      (EE)  For the creation and operation of an office or joint   1,161        

office of economic development, for any economic development       1,162        

purpose of the office, and to otherwise provide for the            1,163        

establishment and operation of a program of economic development   1,164        

pursuant to sections 307.07 and 307.64 of the Revised Code;        1,165        

      (FF)  For the purpose of acquiring, establishing,            1,167        

constructing, improving, equipping, maintaining, or operating, or  1,168        

any combination of the foregoing, a township airport, landing      1,169        

field, or other air navigation facility pursuant to section        1,170        

                                                          27     

                                                                 
505.15 of the Revised Code;                                        1,171        

      (GG)  For the payment of costs incurred by a township as a   1,173        

result of a contract made with a county pursuant to section        1,174        

505.263 of the Revised Code in order to pay all or any part of     1,175        

the cost of constructing, maintaining, repairing, or operating a   1,176        

water supply improvement;                                          1,177        

      (HH)  For a board of township trustees to acquire, other     1,179        

than by appropriation, an ownership interest in land, water, or    1,180        

wetlands, or to restore or maintain land, water, or wetlands in    1,181        

which the board has such an interest, not for purposes of          1,182        

recreation, but for the purposes of protecting and preserving the  1,183        

natural, scenic, open, or wooded condition of the land, water, or  1,184        

wetlands against modification or encroachment resulting from       1,185        

occupation, development, or other use, which may be styled as      1,186        

protecting or preserving "greenspace" in the resolution, notice    1,187        

of election, or ballot form;                                       1,188        

      (II)  For the support by a county of a crime victim          1,190        

assistance program that is provided and maintained by a county     1,191        

agency or a private, nonprofit corporation or association under    1,192        

section 307.62 of the Revised Code;                                1,193        

      (JJ)  For any or all of the purposes set forth in divisions  1,196        

(I) and (J) of this section.  This division applies only to a      1,197        

township.                                                          1,198        

      (KK)  For a countywide public safety communications system   1,200        

under section 307.63 of the Revised Code.  This division applies   1,201        

only to counties.                                                  1,202        

      (LL)  For the support by a county of criminal justice        1,204        

services under section 307.45 of the Revised Code;                 1,205        

      (MM)  For the purpose of maintaining and operating a jail    1,207        

or other detention facility as defined in section 2921.01 of the   1,208        

Revised Code;                                                      1,209        

      (NN)  For purchasing, maintaining, or improving, or any      1,211        

combination of the foregoing, real estate on which to hold         1,212        

agricultural fairs.  This division applies only to a county.       1,213        

                                                          28     

                                                                 
      (OO)  For constructing, rehabilitating, repairing, or        1,215        

maintaining sidewalks, walkways, trails, bicycle pathways, or      1,216        

similar improvements, or acquiring ownership interests in land     1,217        

necessary for the foregoing improvements, by a board of township   1,218        

trustees;                                                                       

      (PP)  For both of the purposes set forth in divisions (G)    1,220        

and (OO) of this section.  This division applies only to a         1,221        

township.                                                                       

      (QQ)  FOR THE LEGISLATIVE AUTHORITY OF A MUNICIPAL           1,223        

CORPORATION, BOARD OF COUNTY COMMISSIONERS OF A COUNTY, OR BOARD   1,224        

OF TOWNSHIP TRUSTEES OF A TOWNSHIP TO ACQUIRE AGRICULTURAL         1,225        

EASEMENTS, AS DEFINED IN SECTION 5301.67 OF THE REVISED CODE, AND  1,227        

TO SUPERVISE AND ENFORCE THE EASEMENTS.                            1,228        

      The resolution shall be confined to the purpose or purposes  1,230        

described in one division of this section, to which the revenue    1,231        

derived therefrom shall be applied.  The existence in any other    1,232        

division of this section of authority to levy a tax for any part   1,233        

or all of the same purpose or purposes does not preclude the use   1,234        

of such revenues for any part of the purpose or purposes of the    1,235        

division under which the resolution is adopted.                    1,236        

      The resolution shall specify the amount of the increase in   1,238        

rate that it is necessary to levy, the purpose thereof, and the    1,239        

number of years during which the increase in rate shall be in      1,240        

effect, which may or may not include a levy upon the duplicate of  1,241        

the current year.  The number of years may be any number not       1,242        

exceeding five, except as follows:                                 1,243        

      (1)  When the additional rate is for the payment of debt     1,245        

charges, the increased rate shall be for the life of the           1,246        

indebtedness.                                                      1,247        

      (2)  When the additional rate is for any of the following,   1,249        

the increased rate shall be for a continuing period of time:       1,250        

      (a)  For the current expenses for a detention home           1,252        

district, a district organized under section 2151.65 of the        1,253        

Revised Code, or a combined district organized under sections      1,254        

                                                          29     

                                                                 
2151.34 and 2151.65 of the Revised Code;                           1,255        

      (b)  For providing a county's share of the cost of           1,257        

maintaining and operating schools, district detention homes,       1,258        

forestry camps, or other facilities, or any combination thereof,   1,259        

established under section 2151.34 or 2151.65 of the Revised Code   1,260        

or under both of those sections.                                   1,261        

      (3)  When the additional rate is for any of the following,   1,263        

the increased rate may be for a continuing period of time:         1,264        

      (a)  For the purposes set forth in division (I), (J), (U),   1,266        

or (KK) of this section;                                           1,267        

      (b)  For the maintenance and operation of a joint            1,269        

recreation district;                                               1,270        

      (c)  A levy imposed by a township for the purposes set       1,272        

forth in division (G) of this section.                             1,273        

      (4)  When the increase is for the purpose set forth in       1,275        

division (D) or (CC) of this section or for both of the purposes   1,276        

set forth in divisions (G) and (OO) of this section, the tax levy  1,277        

may be for any specified number of years or for a continuing       1,279        

period of time, as set forth in the resolution.                    1,280        

      (5)  When the additional rate is for the purpose described   1,282        

in division (Z) of this section, the increased rate shall be for   1,283        

any number of years not exceeding ten.                             1,284        

      A levy for the purposes set forth in division (I), (J), or   1,286        

(U) of this section, and a levy imposed by a township for the      1,287        

purposes set forth in division (G) of this section, may be         1,288        

reduced pursuant to section 5705.261 or 5705.31 of the Revised     1,289        

Code.  A levy for the purposes set forth in division (I), (J), or  1,290        

(U) of this section, and a levy imposed by a township for the      1,291        

purposes set forth in division (G) of this section, may also be    1,292        

terminated or permanently reduced by the taxing authority if it    1,293        

adopts a resolution stating that the continuance of the levy is    1,294        

unnecessary and the levy shall be terminated or that the millage   1,295        

is excessive and the levy shall be decreased by a designated       1,296        

amount.                                                            1,297        

                                                          30     

                                                                 
      A resolution of a detention home district, a district        1,299        

organized under section 2151.65 of the Revised Code, or a          1,300        

combined district organized under both sections 2151.34 and        1,301        

2151.65 of the Revised Code may include both current expenses and  1,302        

other purposes, provided that the resolution shall apportion the   1,303        

annual rate of levy between the current expenses and other         1,304        

purpose or purposes.  The apportionment need not be the same for   1,305        

each year of the levy, but the respective portions of the rate     1,306        

actually levied each year for the current expenses and the other   1,307        

purpose or purposes shall be limited by the apportionment.         1,308        

      Whenever a board of county commissioners, acting either as   1,310        

the taxing authority of its county or as the taxing authority of   1,311        

a sewer district or subdistrict created under Chapter 6117. of     1,312        

the Revised Code, by resolution declares it necessary to levy a    1,313        

tax in excess of the ten-mill limitation for the purpose of        1,314        

constructing, improving, or extending sewage disposal plants or    1,315        

sewage systems, the tax may be in effect for any number of years   1,316        

not exceeding twenty, and the proceeds thereof, notwithstanding    1,317        

the general provisions of this section, may be used to pay debt    1,318        

charges on any obligations issued and outstanding on behalf of     1,319        

the subdivision for the purposes enumerated in this paragraph,     1,320        

provided that any such obligations have been specifically          1,321        

described in the resolution.                                       1,322        

      The resolution shall go into immediate effect upon its       1,324        

passage, and no publication of the resolution is necessary other   1,325        

than that provided for in the notice of election.                  1,326        

      When the electors of a subdivision have approved a tax levy  1,328        

under this section, the taxing authority of the subdivision may    1,329        

anticipate a fraction of the proceeds of the levy and issue        1,330        

anticipation notes in accordance with section 5705.191 or          1,331        

5705.193 of the Revised Code.                                      1,332        

      Sec. 5739.026.  (A)  A board of county commissioners may     1,341        

levy a tax of one-fourth or one-half of one per cent on every      1,342        

retail sale in the county, except sales of watercraft and          1,343        

                                                          31     

                                                                 
outboard motors required to be titled pursuant to Chapter 1548.    1,344        

of the Revised Code and sales of motor vehicles, and may increase  1,345        

an existing rate of one-fourth of one per cent to one-half of one  1,346        

per cent, to pay the expenses of administering the tax and,        1,347        

except as provided in division (A)(6) of this section, for any     1,348        

one or more of the following purposes:                             1,349        

      (1)  To provide additional revenues for the payment of       1,351        

bonds or notes issued in anticipation of bonds issued by a         1,352        

convention facilities authority established by the board of        1,353        

county commissioners under Chapter 351. of the Revised Code and    1,354        

to provide additional operating revenues for the convention        1,355        

facilities authority;                                              1,356        

      (2)  To provide additional revenues for a transit authority  1,358        

operating in the county;                                           1,359        

      (3)  To provide additional revenue for the county's general  1,361        

fund;                                                              1,362        

      (4)  To provide additional revenue for permanent             1,364        

improvements within the county to be distributed by the community  1,365        

improvements board in accordance with section 307.283 and to pay   1,366        

principal, interest, and premium on bonds issued under section     1,367        

133.312 307.284 of the Revised Code;                               1,368        

      (5)  To provide additional revenue for the acquisition,      1,370        

construction, equipping, or repair of any specific permanent       1,371        

improvement or any class or group of permanent improvements,       1,372        

which improvement or class or group of improvements shall be       1,373        

enumerated in the resolution required by division (D) of this      1,374        

section, and to pay principal, interest, premium, and other costs  1,375        

associated with the issuance of bonds or notes in anticipation of  1,376        

bonds issued pursuant to Chapter 133. of the Revised Code for the  1,377        

acquisition, construction, equipping, or repair of the specific    1,378        

permanent improvement or class or group of permanent               1,379        

improvements;                                                      1,380        

      (6)  To provide revenue for the implementation and           1,382        

operation of a 9-1-1 system in the county.  If the tax is levied   1,383        

                                                          32     

                                                                 
or the rate increased exclusively for such purpose, the tax shall  1,384        

not be levied or the rate increased for more than five years.  At  1,385        

the end of the last year the tax is levied or the rate increased,  1,386        

any balance remaining in the special fund established for such     1,387        

purpose shall remain in that fund and be used exclusively for      1,388        

such purpose until the fund is completely expended, and,           1,389        

notwithstanding section 5705.16 of the Revised Code, the board of  1,390        

county commissioners shall not petition for the transfer of money  1,391        

from such special fund, and the tax commissioner shall not         1,392        

approve such a petition.                                           1,393        

      If the tax is levied or the rate increased for such purpose  1,395        

for more than five years, the board of county commissioners also   1,396        

shall levy the tax or increase the rate of the tax for one or      1,397        

more of the purposes described in divisions (A)(1) to (5) of this  1,398        

section and shall prescribe the method for allocating the          1,399        

revenues from the tax each year in the manner required by          1,400        

division (C) of this section.                                      1,401        

      (7)  To provide additional revenue for the operation or      1,403        

maintenance of a detention facility, as that term is defined       1,404        

under division (F) of section 2921.01 of the Revised Code;         1,405        

      (8)  To provide revenue to finance the construction or       1,408        

renovation of a sports facility, but only if the tax is levied     1,409        

for that purpose in the manner prescribed by section 5739.028 of   1,410        

the Revised Code.                                                               

      As used in division (A)(8) of this section:                  1,412        

      (a)  "Sports facility" means a facility intended to house    1,415        

major league professional athletic teams.                          1,416        

      (b)  "Constructing" or "construction" includes providing     1,419        

fixtures, furnishings, and equipment.                                           

      (9)  TO PROVIDE ADDITIONAL REVENUE FOR THE ACQUISITION OF    1,422        

AGRICULTURAL EASEMENTS, AS DEFINED IN SECTION 5301.67 OF THE       1,424        

REVISED CODE; TO PAY PRINCIPAL, INTEREST, AND PREMIUM ON BONDS     1,425        

ISSUED UNDER SECTION 133.60 OF THE REVISED CODE; AND FOR THE       1,426        

SUPERVISION AND ENFORCEMENT OF AGRICULTURAL EASEMENTS HELD BY THE  1,428        

                                                          33     

                                                                 
COUNTY.                                                                         

      Pursuant to section 755.171 of the Revised Code, a board of  1,430        

county commissioners may pledge and contribute revenue from a tax  1,431        

levied for the purpose of division (A)(5) of this section to the   1,433        

payment of debt charges on bonds issued under section 755.17 of                 

the Revised Code.                                                  1,434        

      The rate of tax shall be a multiple of one-fourth of one     1,436        

per cent, unless a portion of the rate of an existing tax levied   1,437        

under section 5739.023 of the Revised Code has been reduced, and   1,438        

the rate of tax levied under this section has been increased,      1,439        

pursuant to section 5739.028 of the revised code REVISED CODE, in  1,441        

which case the aggregate of the rates of tax levied under this     1,442        

section and section 5739.023 of the Revised Code shall be a                     

multiple of one-fourth of one per cent.  The tax shall be levied   1,444        

and the rate increased pursuant to a resolution adopted by a       1,446        

majority of the members of the board.                                           

      Prior to the adoption of any resolution to levy the tax or   1,448        

to increase the rate of tax exclusively for the purpose set forth  1,449        

in division (A)(3) of this section, the board of county            1,450        

commissioners shall conduct two public hearings on the             1,451        

resolution, the second hearing to be no fewer than three nor more  1,452        

than ten days after the first.  Notice of the date, time, and      1,453        

place of the hearings shall be given by publication in a           1,454        

newspaper of general circulation in the county once a week on the  1,455        

same day of the week for two consecutive weeks, the second         1,456        

publication being no fewer than ten nor more than thirty days      1,457        

prior to the first hearing.  The resolution shall become           1,458        

effective on the first day of the month specified in the           1,459        

resolution but not earlier than the first day of the month         1,460        

following the expiration of sixty days from the date of its        1,461        

adoption, subject to a referendum as provided in sections 305.31   1,462        

to 305.41 of the Revised Code, unless the resolution is adopted    1,463        

as an emergency measure necessary for the immediate preservation   1,464        

of the public peace, health, or safety, in which case it shall go  1,465        

                                                          34     

                                                                 
into effect on the first day of the month following the            1,466        

expiration of thirty days from the date of notice by the board of  1,467        

county commissioners to the tax commissioner of its adoption.      1,468        

The emergency measure shall receive an affirmative vote of all of  1,469        

the members of the board of county commissioners and shall state   1,470        

the reasons for the necessity.                                     1,471        

      If the tax is for more than one of the purposes set forth    1,474        

in division DIVISIONS (A)(1) to (7) AND (9) of this section or is  1,476        

exclusively for one of the purposes set forth in division (A)(1),  1,478        

(2), (4), (5), (6), or (7), OR (9) of this section, the            1,480        

resolution shall not go into effect unless it is approved by a     1,482        

majority of the electors voting on the question of the tax.        1,483        

      (B)  The board of county commissioners shall adopt a         1,485        

resolution under section 351.02 of the Revised Code creating the   1,486        

convention facilities authority, or under section 307.283 of the   1,487        

Revised Code creating the community improvements board, before     1,488        

adopting a resolution levying a tax for the purpose of a           1,489        

convention facilities authority under division (A)(1) of this      1,490        

section or for the purpose of a community improvements board       1,491        

under division (A)(4) of this section.                             1,492        

      (C)(1)  If the tax is to be used for more than one of the    1,494        

purposes set forth in divisions (A)(1) to (7) AND (9) of this      1,495        

section, the board of county commissioners shall establish the     1,497        

method that will be used to determine the amount or proportion of  1,498        

the tax revenue received by the county during each year that will  1,499        

be distributed for each of those purposes, including, if           1,500        

applicable, provisions governing the reallocation of a convention  1,501        

facilities authority's allocation if the authority is dissolved    1,502        

while the tax is in effect.  The allocation method may provide     1,503        

that different proportions or amounts of the tax shall be          1,504        

distributed among the purposes in different years, but it shall    1,505        

clearly describe the method that will be used for each year.       1,506        

Except as otherwise provided in division (C)(2) of this section,   1,507        

the allocation method established by the board is not subject to   1,508        

                                                          35     

                                                                 
amendment during the life of the tax.                              1,509        

      (2)  Subsequent to holding a public hearing on the proposed  1,511        

amendment, the board of county commissioners may amend the         1,512        

allocation method established under division (C)(1) of this        1,513        

section for any year if the amendment is approved by the           1,514        

governing board of each entity whose allocation for the year       1,515        

would be reduced by the proposed amendment.  In the case of a tax  1,516        

that is levied for a continuing period of time, the board may not  1,517        

so amend the allocation method for any year before the sixth year  1,518        

that the tax is in effect.                                         1,519        

      (a)  If the additional revenues provided to the convention   1,521        

facilities authority are pledged by the authority for the payment  1,522        

of convention facilities authority revenue bonds for as long as    1,523        

such bonds are outstanding, no reduction of the authority's        1,524        

allocation of the tax shall be made for any year except to the     1,525        

extent that the reduced authority allocation, when combined with   1,526        

the authority's other revenues pledged for that purpose, is        1,527        

sufficient to meet the debt service requirements for that year on  1,528        

such bonds.                                                        1,529        

      (b)  If the additional revenues provided to the county are   1,531        

pledged by the county for the payment of bonds or notes issued     1,532        

under Chapter 133. of the Revised Code DESCRIBED IN DIVISION       1,534        

(A)(4) OR (5) OF THIS SECTION, for as long as such bonds or notes  1,535        

are outstanding, no reduction of the county's or the community     1,536        

improvements board's allocation of the tax shall be made for any   1,537        

year except to the extent that the reduced county or community     1,538        

improvements board allocation is sufficient to meet the debt       1,539        

service requirements for that year on such bonds or notes.                      

      (c)  If the additional revenues provided to the transit      1,541        

authority are pledged by the authority for the payment of revenue  1,542        

bonds issued under section 306.37 of the Revised Code, for as      1,543        

long as such bonds are outstanding, no reduction of the            1,544        

authority's allocation of tax shall be made for any year except    1,545        

to the extent that the authority's reduced allocation, when        1,546        

                                                          36     

                                                                 
combined with the authority's other revenues pledged for that      1,547        

purpose, is sufficient to meet the debt service requirements for   1,548        

that year on such bonds.                                           1,549        

      (d)  IF THE ADDITIONAL REVENUES PROVIDED TO THE COUNTY ARE   1,552        

PLEDGED BY THE COUNTY FOR THE PAYMENT OF BONDS OR NOTES ISSUED     1,553        

UNDER SECTION 133.60 OF THE REVISED CODE, FOR SO LONG AS THE       1,554        

BONDS OR NOTES ARE OUTSTANDING, NO REDUCTION OF THE COUNTY'S       1,555        

ALLOCATION OF THE TAX SHALL BE MADE FOR ANY YEAR EXCEPT TO THE     1,556        

EXTENT THAT THE REDUCED COUNTY ALLOCATION IS SUFFICIENT TO MEET    1,557        

THE DEBT SERVICE REQUIREMENTS FOR THAT YEAR ON THE BONDS OR        1,558        

NOTES.                                                             1,559        

      (D)(1)  The resolution levying the tax or increasing the     1,561        

rate of tax shall state the rate of the tax or the rate of the     1,562        

increase; the purpose or purposes for which it is to be levied;    1,563        

the number of years for which it is to be levied or that it is     1,564        

for a continuing period of time; the allocation method required    1,565        

by division (C) of this section; and if required to be submitted   1,566        

to the electors of the county under division (A) of this section,  1,567        

the date of the election at which the proposal shall be submitted  1,568        

to the electors of the county, which shall be not less than        1,569        

seventy-five days after the certification of a copy of the         1,570        

resolution to the board of elections and, if the tax is to be      1,571        

levied exclusively for the purpose set forth in division (A)(3)    1,572        

of this section, shall not occur in February or August of any      1,573        

year.  Upon certification of the resolution to the board of        1,575        

elections, the board of county commissioners shall notify the tax  1,576        

commissioner in writing of the levy question to be submitted to    1,577        

the electors.  If approved by a majority of the electors, the tax  1,578        

shall become effective on the first day of the month specified in  1,579        

the resolution but not earlier than the first day of the month     1,580        

next following the thirtieth day following the certification of    1,581        

the results of the election to the board of county commissioners   1,582        

and the tax commissioner by the board of elections.                1,583        

      (2)(a)  A resolution specifying that the tax is to be used   1,585        

                                                          37     

                                                                 
exclusively for the purpose set forth in division (A)(3) of this   1,586        

section that is not adopted as an emergency measure may direct     1,587        

the board of elections to submit the question of levying the tax   1,588        

or increasing the rate of the tax to the electors of the county    1,589        

at a special election held on the date specified by the board of   1,591        

county commissioners in the resolution, provided that the          1,592        

election occurs not less than seventy-five days after the          1,593        

resolution is certified to the board of elections and the          1,594        

election is not held in February or August of any year.  Upon      1,595        

certification of the resolution to the board of elections, the     1,596        

board of county commissioners shall notify the tax commissioner    1,597        

in writing of the levy question to be submitted to the electors.   1,598        

No resolution adopted under division (D)(2)(a) of this section     1,599        

shall go into effect unless approved by a majority of those        1,600        

voting upon it and not until the first day of the month specified  1,601        

in the resolution but not earlier than the first day of the month  1,602        

following the expiration of thirty days from the date of the       1,603        

notice to the tax commissioner by the board of elections of the    1,604        

affirmative vote.                                                               

      (b)  A resolution specifying that the tax is to be used      1,606        

exclusively for the purpose set forth in division (A)(3) of this   1,607        

section that is adopted as an emergency measure shall become       1,608        

effective as provided in division (A) of this section but may      1,609        

direct the board of elections to submit the question of repealing  1,610        

the tax or increase in the rate of the tax to the electors of the  1,611        

county at the next general election in the county occurring not    1,612        

less than seventy-five days after the resolution is certified to   1,613        

the board of elections.  Upon certification of the resolution to   1,614        

the board of elections, the board of county commissioners shall    1,615        

notify the tax commissioner in writing of the levy question to be  1,616        

submitted to the electors.  The ballot question shall be the same  1,617        

as that prescribed in section 5739.022 of the Revised Code.  The   1,618        

board of elections shall notify the board of county commissioners  1,619        

and the tax commissioner of the result of the election             1,620        

                                                          38     

                                                                 
immediately after the result has been declared.  If a majority of  1,621        

the qualified electors voting on the question of repealing the     1,622        

tax or increase in the rate of the tax vote for repeal of the tax  1,623        

or repeal of the increase, the board of county commissioners, on   1,624        

the first day of the month following the expiration of thirty      1,625        

days after the date it received notice of the result of the        1,626        

election, shall, in the case of a repeal of the tax, cease to      1,627        

levy the tax, or, in the case of a repeal of an increase in the    1,628        

rate of the tax, cease to levy the increased rate and levy the     1,629        

tax at the rate at which it was imposed immediately prior to the   1,630        

increase in rate.                                                  1,631        

      (E)  The tax levied pursuant to this section shall be in     1,633        

addition to the tax levied by section 5739.02 of the Revised Code  1,634        

and any tax levied pursuant to section 5739.021 or 5739.023 of     1,635        

the Revised Code.                                                  1,636        

      A county that levies a tax pursuant to this section shall    1,638        

levy a tax at the same rate pursuant to section 5741.023 of the    1,639        

Revised Code.                                                      1,640        

      The additional tax levied by the county shall be collected   1,642        

pursuant to section 5739.025 of the Revised Code.                  1,643        

      Any tax levied pursuant to this section is subject to the    1,645        

exemptions provided in section 5739.02 of the Revised Code and in  1,646        

addition shall not be applicable to sales not within the taxing    1,647        

power of a county under the constitution CONSTITUTION of the       1,649        

United States or the constitution of this state OHIO               1,650        

CONSTITUTION.                                                                   

      Section 2.  That existing sections 133.07, 317.08, 317.32,   1,652        

5301.67, 5301.68, 5301.69, 5705.19, and 5739.026 of the Revised    1,653        

Code are hereby repealed.                                                       

      Section 3.  Section 133.07 of the Revised Code is presented  1,655        

in this act as a composite of the section as amended by both Am.   1,657        

Sub. H.B. 627 and Am. S.B. 61 of the 121st General Assembly, with               

the new language of neither of the acts shown in capital letters.  1,659        

This is in recognition of the principle stated in division (B) of  1,660        

                                                          39     

                                                                 
section 1.52 of the Revised Code that such amendments are to be    1,661        

harmonized where not substantively irreconcilable and constitutes  1,662        

a legislative finding that such is the resulting version in        1,663        

effect prior to the effective date of this act.                    1,664