CORRECTED VERSION As Passed by the House               2            

122nd General Assembly                                             5            

   Regular Session                         Am. Sub. S. B. No. 223  6            

      1997-1998                                                    7            


   SENATORS DRAKE-HERINGTON-MUMPER-GAETH-KEARNS-CARNES-WHITE-      9            

    LATTA-DiDONATO-HAGAN-HOWARD-NEIN-BLESSING-FINAN-GARDNER-       10           

     REPRESENTATIVES MOTTLEY-LAWRENCE-JONES-WILLIAMS-THOMAS-       11           

    BRITTON-BRADY-KREBS-LOGAN-MEAD-MILLER-CORE-VERICH-CLANCY-      12           

     LUCAS-PATTON-HAINES-HARRIS-METZGER-VESPER-OLMAN- WOMER        14           

                    BENJAMIN-REID-TERWILLEGER                                   


_________________________________________________________________   16           

                          A   B I L L                                           

             To amend sections 133.07, 317.08, 317.32, 5301.67 to  18           

                5301.69, 5705.19, and 5739.026 and to enact        19           

                sections 133.60, 133.61, 901.21, 901.22,           20           

                5301.691, and 5301.692 of the Revised Code to      21           

                clarify the agricultural land uses that may be     22           

                the subject of conservation easements; to          23           

                authorize only the Director of Agriculture,                     

                certain local governments, and charitable          24           

                organizations to acquire agricultural easements    25           

                in order to preserve the agricultural use of       26           

                land; to permit counties to levy or increase the                

                rate of a sales or use tax to acquire              27           

                agricultural easements and retire bonds issued     28           

                for their purchase; to permit local governments                 

                to levy a property tax outside the ten-mill        29           

                limitation to acquire, supervise, and enforce      30           

                agricultural easements and to issue general        31           

                obligation bonds to finance them; and to           32           

                authorize the extinguishment of agricultural       33           

                easements under specified circumstances.           34           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        36           

                                                          2      


                                                                 
      Section 1.  That sections 133.07, 317.08, 317.32, 5301.67,   38           

5301.68, 5301.69, 5705.19, and 5739.026 be amended and sections    41           

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

Revised Code be enacted to read as follows:                        43           

      Sec. 133.07.  (A)  A county shall not incur, without a vote  53           

of the electors, either of the following:                          54           

      (1)  Net indebtedness for all purposes that exceeds an       56           

amount equal to one per cent of its tax valuation;                 57           

      (2)  Net indebtedness for the purpose of paying the          59           

county's share of the cost of the construction, improvement,       60           

maintenance, or repair of state highways that exceeds an amount    61           

equal to one-half of one per cent of its tax valuation.            62           

      (B)  A county shall not incur total net indebtedness that    64           

exceeds an amount equal to the one of the following limitations    65           

that applies to the county:                                        66           

      (1)  A county with a valuation not exceeding one hundred     68           

million dollars, three per cent of that tax valuation;             69           

      (2)  A county with a tax valuation exceeding one hundred     71           

million dollars but not exceeding three hundred million dollars,   72           

three million dollars plus one and one-half per cent of that tax   73           

valuation in excess of one hundred million dollars;                74           

      (3)  A county with a tax valuation exceeding three hundred   76           

million dollars, six million dollars plus two and one-half per     77           

cent of that tax valuation in excess of three hundred million      78           

dollars.                                                           79           

      (C)  In calculating the net indebtedness of a county, none   81           

of the following securities shall be considered:                   82           

      (1)  Securities described in section 307.201 of the Revised  84           

Code;                                                              85           

      (2)  Self-supporting securities issued for any purposes,     87           

including, but not limited to, any of the following general        88           

purposes:                                                          89           

      (a)  Water systems or facilities;                            91           

      (b)  Sanitary sewerage systems or facilities, or surface     93           

                                                          3      


                                                                 
and storm water drainage and sewerage systems or facilities, or a  94           

combination of those systems or facilities;                        95           

      (c)  County or joint county scrap tire collection, storage,  97           

monocell, monofill, or recovery facilities, or any combination of  98           

those facilities;                                                  99           

      (d)  Off-street parking lots, facilities, or buildings, or   101          

on-street parking facilities, or any combination of off-street     102          

and on-street parking facilities;                                  103          

      (e)  Facilities for the care or treatment of the sick or     105          

infirm, and for housing the persons providing that care or         106          

treatment and their families;                                      107          

      (f)  Recreational, sports, convention, auditorium, museum,   109          

trade show, and other public attraction facilities;                110          

      (g)  Facilities for natural resources exploration,           112          

development, recovery, use, and sale;                              113          

      (h)  Correctional and detention facilities and related       115          

rehabilitation facilities.                                         116          

      (3)  Securities issued for the purpose of purchasing,        118          

constructing, improving, or extending water or sanitary or         119          

surface and storm water sewerage systems or facilities, or a       120          

combination of those systems or facilities, to the extent that an  121          

agreement entered into with another subdivision requires the       122          

other subdivision to pay to the county amounts equivalent to debt  123          

charges on the securities;                                         124          

      (4)  Voted general obligation securities issued for the      126          

purpose of permanent improvements for sanitary sewerage or water   127          

systems or facilities to the extent that the total principal       128          

amount of voted securities outstanding for the purpose does not    129          

exceed an amount equal to two per cent of the county's tax         130          

valuation;                                                         131          

      (5)  Securities issued for permanent improvements to house   133          

agencies, departments, boards, or commissions of the county or of  134          

any municipal corporation located, in whole or in part, in the     135          

county, to the extent that the revenues, other than revenues from  136          

                                                          4      


                                                                 
unvoted county property taxes, derived from leases or other        137          

agreements between the county and those agencies, departments,     138          

boards, commissions, or municipal corporations relating to the     139          

use of the permanent improvements are sufficient to cover the      140          

cost of all operating expenses of the permanent improvements paid  141          

by the county and debt charges on the securities;                  142          

      (6)  Securities issued pursuant to section 133.08 of the     144          

Revised Code;                                                      145          

      (7)  Securities issued for the purpose of acquiring or       147          

constructing roads, highways, bridges, or viaducts, for the        148          

purpose of acquiring or making other highway permanent             149          

improvements, or for the purpose of procuring and maintaining      150          

computer systems for the office of the clerk of any                151          

county-operated municipal court, for the office of the clerk of    152          

the court of common pleas, or for the office of the clerk of the   153          

probate, juvenile, or domestic relations division of the court of  154          

common pleas to the extent that the legislation authorizing the    155          

issuance of the securities includes a covenant to appropriate      156          

from moneys distributed to the county pursuant to division (B) of  157          

section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or     158          

Chapter 4501., 4503., 4504., or 5735. of the Revised Code a        159          

sufficient amount to cover debt charges on and financing costs     160          

relating to the securities as they become due;                     161          

      (8)  Securities issued for the purpose of acquiring,         163          

constructing, improving, and equipping a county, multicounty, or   164          

multicounty-municipal jail, workhouse, juvenile detention          165          

facility, or correctional facility;                                166          

      (9)  Securities issued for the acquisition, construction,    168          

equipping, or repair of any permanent improvement or any class or  169          

group of permanent improvements enumerated in a resolution         170          

adopted pursuant to division (D) of section 5739.026 of the        171          

Revised Code to the extent that the legislation authorizing the    172          

issuance of the securities includes a covenant to appropriate      173          

from moneys received from the taxes authorized under section       174          

                                                          5      


                                                                 
5739.023 and division (A)(5) of section 5739.026 of the Revised    175          

Code an amount sufficient to pay debt charges on the securities    176          

and those moneys shall be pledged for that purpose;                177          

      (10)  Securities issued for county or joint county solid     179          

waste or hazardous waste collection, transfer, or disposal         180          

facilities, or resource recovery and solid or hazardous waste      181          

recycling facilities, or any combination of those facilities;      182          

      (11)  Securities issued for the acquisition, construction,   184          

and equipping of a port authority educational and cultural         185          

facility under section 307.671 of the Revised Code;                186          

      (12)  Securities issued for the acquisition, construction,   188          

equipping, and improving of a municipal educational and cultural   189          

facility under division (B)(1) of section 307.672 of the Revised   190          

Code;                                                              191          

      (13)  Securities issued for energy conservation measures     193          

under section 307.041 of the Revised Code;                         194          

      (14)  Securities issued for the acquisition, construction,   196          

equipping, improving, or repair of a sports facility, including    197          

obligations issued to pay costs of a sports facility under         198          

section 307.673 of the Revised Code;                                            

      (15)  Securities issued under section 755.17 of the Revised  200          

Code if the legislation authorizing issuance of the securities     201          

includes a covenant to appropriate from revenue received from a    202          

tax authorized under division (A)(5) of section 5739.026 and       203          

section 5741.023 of the Revised Code an amount sufficient to pay   204          

debt charges on the securities, and the board of county            205          

commissioners pledges that revenue for that purpose, pursuant to                

section 755.171 of the Revised Code;                               206          

      (15)(16)  Sales tax supported bonds issued pursuant to       208          

section 133.081 of the Revised Code for the purpose of acquiring,  210          

constructing, improving, or equipping any permanent improvement    211          

to the extent that the legislation authorizing the issuance of     212          

the sales tax supported bonds pledges county sales taxes to the    213          

payment of debt charges on the sales tax supported bonds and       214          

                                                          6      


                                                                 
contains a covenant to appropriate from county sales taxes a       215          

sufficient amount to cover debt charges or the financing costs     216          

related to the sales tax supported bonds as they become due.       217          

      (17)  BONDS OR NOTES ISSUED UNDER SECTION 133.60 OF THE      220          

REVISED CODE IF THE LEGISLATION AUTHORIZING ISSUANCE OF THE BONDS  221          

OR NOTES INCLUDES A COVENANT TO APPROPRIATE FROM REVENUE RECEIVED               

FROM A TAX AUTHORIZED UNDER DIVISION (A)(9) OF SECTION 5739.026    222          

AND SECTION 5741.023 OF THE REVISED CODE AN AMOUNT SUFFICIENT TO   223          

PAY THE DEBT CHARGES ON THE BONDS OR NOTES, AND THE BOARD OF       224          

COUNTY COMMISSIONERS PLEDGES THAT REVENUE FOR THAT PURPOSE.        225          

      (D)  In calculating the net indebtedness of a county, no     227          

obligation incurred under division (E) of section 339.06 of the    228          

Revised Code shall be considered.                                  229          

      Sec. 133.60.  (A)  AS USED IN THIS SECTION AND IN SECTION    231          

133.61 OF THE REVISED CODE:                                        232          

      (1)  "AGRICULTURAL EASEMENT" HAS THE SAME MEANING AS IN      234          

SECTION 5301.67 OF THE REVISED CODE.                               235          

      (2)  "BONDS" MEANS NOTES OR BONDS.                           237          

      (B)  THE BOARD OF COUNTY COMMISSIONERS OF A COUNTY MAY       239          

ISSUE BONDS FOR THE PURPOSE OF ACQUIRING AGRICULTURAL EASEMENTS.   240          

THE ISSUANCE OF THE BONDS IS SUBJECT TO THIS CHAPTER, EXCEPT THAT  241          

THEIR MATURITY SHALL NOT EXTEND BEYOND THE EXPIRATION OF THE TAX   242          

IMPOSED UNDER SECTION 5739.026 OF THE REVISED CODE.  THE BONDS DO  243          

NOT CONSTITUTE GENERAL OBLIGATIONS OF THE COUNTY, AND THEY SHALL   244          

NOT PLEDGE THE FULL FAITH AND CREDIT OR REVENUE OF THE COUNTY,     245          

EXCEPT REVENUES FROM THE TAXES LEVIED UNDER SECTIONS 5739.026 AND  246          

5741.023 OF THE REVISED CODE.  THE RESOLUTION AUTHORIZING THE      247          

BONDS SHALL APPROPRIATE THE PROCEEDS OF THOSE TAXES FIRST TO THE   248          

PAYMENT OF DEBT CHARGES ON THE BONDS, AND OTHER APPROPRIATIONS     249          

FROM THE PROCEEDS OF THOSE TAXES SHALL BE LIMITED TO ANY BALANCE   250          

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

      ALL MONEYS RAISED BY THE ISSUANCE OF BONDS UNDER THIS        252          

SECTION, AFTER PAYMENT OF THE COSTS OF ISSUANCE AND FINANCING      253          

COSTS, SHALL BE USED EXCLUSIVELY FOR THE ACQUISITION OF            254          

                                                          7      


                                                                 
AGRICULTURAL EASEMENTS.                                                         

      Sec. 133.61.  THE LEGISLATIVE AUTHORITY OF A MUNICIPAL       256          

CORPORATION, BOARD OF COUNTY COMMISSIONERS OF A COUNTY, OR BOARD   257          

OF TOWNSHIP TRUSTEES OF A TOWNSHIP MAY ISSUE GENERAL OBLIGATION    258          

BONDS FOR THE PURPOSE OF ACQUIRING AGRICULTURAL EASEMENTS.  THE    259          

BONDS SHALL BE ISSUED IN THE MANNER PROVIDED IN SECTION 133.18 OF  260          

THE REVISED CODE AND PURSUANT TO THIS CHAPTER.                     261          

      ALL MONEYS RAISED BY THE ISSUANCE OF BONDS UNDER THIS        263          

SECTION, AFTER PAYMENT OF THE COSTS OF ISSUANCE AND FINANCING      264          

COSTS, SHALL BE USED EXCLUSIVELY FOR THE ACQUISITION OF            265          

AGRICULTURAL EASEMENTS.                                                         

      Sec. 317.08.  Except as provided in division (F) of this     274          

section, the county recorder shall keep six separate sets of       276          

records as follows:                                                             

      (A)  A record of deeds, in which shall be recorded all       278          

deeds and other instruments of writing for the absolute and        279          

unconditional sale or conveyance of lands, tenements, and          280          

hereditaments; all notices as provided for in sections 5301.47 to  281          

5301.56 of the Revised Code; all judgments or decrees in actions   282          

brought under section 5303.01 of the Revised Code; all             283          

declarations and bylaws as provided for in Chapter 5311. of the    284          

Revised Code; affidavits as provided for in section 5301.252 of    285          

the Revised Code; all certificates as provided for in section      286          

5311.17 of the Revised Code; all articles dedicating               287          

archaeological preserves accepted by the director of the Ohio      288          

historical society under section 149.52 of the Revised Code; all   289          

articles dedicating nature preserves accepted by the director of   290          

natural resources under section 1517.05 of the Revised Code; all   291          

agreements for the registration of lands as archaeological or      292          

historic landmarks under section 149.51 or 149.55 of the Revised   293          

Code; all conveyances of conservation easements AND AGRICULTURAL   294          

EASEMENTS under section 5301.68 of the Revised Code; ALL           296          

INSTRUMENTS EXTINGUISHING AGRICULTURAL EASEMENTS UNDER SECTION     298          

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

                                                          8      


                                                                 
OF SUCH AN EASEMENT GRANTED TO A CHARITABLE ORGANIZATION UNDER     299          

SECTION 5301.68 OF THE REVISED CODE; all instruments or orders     300          

described in division (B)(1)(c)(ii) of section 5301.56 of the      301          

Revised Code; all no further action letters issued under section   302          

3746.11 of the Revised Code; all covenants not to sue issued       303          

under section 3746.12 of the Revised Code; any restrictions on     304          

the use of property identified pursuant to division (C)(3) of      305          

section 3746.10 of the Revised Code; and all memoranda of trust,   306          

as described in division (A) of section 5301.255 of the Revised    307          

Code, that describe specific real property;                        308          

      (B)  A record of mortgages, in which shall be recorded all   310          

of the following:                                                  311          

      (1)  All mortgages, including amendments, supplements,       313          

modifications, and extensions of mortgages, or other instruments   314          

of writing by which lands, tenements, or hereditaments are or may  315          

be mortgaged or otherwise conditionally sold, conveyed, affected,  316          

or encumbered;                                                     317          

      (2)  All executory installment contracts for the sale of     319          

land executed after September 29, 1961, that by their terms are    320          

not required to be fully performed by one or more of the parties   321          

to them within one year of the date of the contracts;              322          

      (3)  All options to purchase real estate, including          324          

supplements, modifications, and amendments of the options, but no  325          

option of that nature shall be recorded if it does not state a     326          

specific day and year of expiration of its validity;               327          

      (4)  Any tax certificate sold under section 5721.33 of the   329          

Revised Code, or memorandum thereof, that is presented for filing  330          

of record.                                                                      

      (C)  A record of powers of attorney, including all           332          

memoranda of trust, as described in division (A) of section        333          

5301.255 of the Revised Code, that do not describe specific real   334          

property;                                                          335          

      (D)  A record of plats, in which shall be recorded all       337          

plats and maps of town lots, of the subdivision of town lots, and  338          

                                                          9      


                                                                 
of other divisions or surveys of lands, any center line survey of  339          

a highway located within the county, the plat of which shall be    340          

furnished by the director of transportation or county engineer,    341          

and all drawings as provided for in Chapter 5311. of the Revised   342          

Code;                                                              343          

      (E)  A record of leases, in which shall be recorded all      345          

leases, memoranda of leases, and supplements, modifications, and   346          

amendments of leases and memoranda of leases;                      347          

      (F)  A record of declarations executed pursuant to section   350          

2133.02 of the Revised Code and durable powers of attorney for     352          

health care executed pursuant to section 1337.12 of the Revised    353          

Code.                                                              354          

      All instruments or memoranda of instruments entitled to      356          

record shall be recorded in the proper record in the order in      357          

which they are presented for record.  The recorder may index,      358          

keep, and record in one volume unemployment compensation liens,    359          

internal revenue tax liens and other liens in favor of the United  360          

States as described in division (A) of section 317.09 of the       361          

Revised Code, personal tax liens, mechanic's liens, agricultural   362          

product liens, notices of liens, certificates of satisfaction or   363          

partial release of estate tax liens, discharges of recognizances,  364          

excise and franchise tax liens on corporations, broker's liens,    365          

and liens provided for in sections 1513.33, 1513.37, 3752.13,      367          

5111.021, and 5311.18 of the Revised Code.                         369          

      The recording of an option to purchase real estate,          371          

including any supplement, modification, and amendment of the       372          

option, under this section shall serve as notice to any purchaser  373          

of an interest in the real estate covered by the option only       374          

during the period of the validity of the option as stated in the   375          

option.                                                            376          

      (G)  In lieu of keeping the six separate sets of records     379          

required in divisions (A) to (F) of this section and the records   381          

required in division (H) of this section, a county recorder may    382          

record all the instruments required to be recorded by this         383          

                                                          10     


                                                                 
section in two separate sets of record books.  One set shall be    384          

called the "official records" and shall contain the instruments    385          

listed in divisions (A), (B), (C), (E), (F), and (H) of this       387          

section.  The second set of records shall contain the instruments  388          

listed in division (D) of this section.                            389          

      (H)  Except as provided in division (G) of this section,     392          

the county recorder shall keep a separate set of records                        

containing all corrupt activity lien notices filed with the        393          

recorder pursuant to section 2923.36 of the Revised Code and a     394          

separate set of records containing all medicaid fraud lien         395          

notices filed with the recorder pursuant to section 2933.75 of     396          

the Revised Code.                                                  397          

      Sec. 317.32.  The county recorder shall charge and collect   407          

the following fees for the recorder's services:                                 

      (A)  For recording and indexing an instrument when the       409          

photocopy or any similar process is employed, fourteen dollars     410          

for the first two pages and four dollars for each subsequent       411          

page, size eight and one-half inches by fourteen inches, or        412          

fraction of a page, including the caption page, of such            413          

instrument;                                                        414          

      (B)  For certifying a photocopy from the record previously   416          

recorded, one dollar per page, size eight and one-half inches by   417          

fourteen inches, or fraction of a page; for each certification     418          

where the recorder's seal is required, except as to instruments    419          

issued by the armed forces of the United States, fifty cents;      420          

      (C)  For manual or typewritten recording of assignment or    422          

satisfaction of mortgage or lease or any other marginal entry,     423          

four dollars;                                                      424          

      (D)  For entering any marginal reference by separate         426          

recorded instrument, two dollars for each marginal reference set   427          

out in that instrument, in addition to the recording fee set       428          

forth in division (A) of this section;                             429          

      (E)  For indexing in the real estate mortgage records,       431          

pursuant to division (D) of section 1309.40 of the Revised Code,   432          

                                                          11     


                                                                 
financing statements covering crops growing or to be grown,        433          

timber to be cut, minerals or the like, including oil and gas,     434          

accounts subject to division (E) of section 1309.03 of the         435          

Revised Code, or fixture filings made pursuant to section 1309.32  436          

of the Revised Code, two dollars for each name indexed;            437          

      (F)  For recording manually any plat not exceeding six       439          

lines, two dollars, and for each additional line, ten cents;       440          

      (G)  For filing zoning resolutions, including text and       442          

maps, in the office of the recorder as required under sections     443          

303.11 and 519.11 of the Revised Code, fifty dollars, regardless   444          

of the size or length of the resolutions;                          445          

      (H)  For filing zoning amendments, including text and maps,  447          

in the office of the recorder as required under sections 303.12    448          

and 519.12 of the Revised Code, ten dollars for the first page     449          

and four dollars for each additional page;                         450          

      (I)  For photocopying a document, other than at the time of  452          

recording and indexing as provided for in division (A) of this     453          

section, one dollar per page, size eight and one-half inches by    454          

fourteen inches, or fraction thereof;                              455          

      (J)  For local facsimile transmission of a document, one     457          

dollar per page, size eight and one-half inches by fourteen        458          

inches, or fraction thereof; for long distance facsimile           459          

transmission of a document, two dollars per page, size eight and   460          

one-half inches by fourteen inches, or fraction thereof;           461          

      (K)  For recording a declaration executed pursuant to        463          

section 2133.02 of the Revised Code or a durable power of          465          

attorney for health care executed pursuant to section 1337.12 of   466          

the Revised Code, or both a declaration and a durable power of     468          

attorney for health care, at least fourteen dollars but not more   469          

than twenty dollars.                                                            

      In any county in which the recorder employs the photostatic  471          

or any similar process for recording maps, plats, or prints he     472          

THE RECORDER shall determine, charge, and collect for the          474          

recording or rerecording of any map, plat, or print, a fee of      475          

                                                          12     


                                                                 
five cents per square inch, for each square inch of the map,       476          

plat, or print filed for that recording or rerecording, with a     477          

minimum fee of twenty dollars; for certifying a copy from the      478          

record, a fee of two cents per square inch of the record, with a   479          

minimum fee of two dollars.                                        480          

      The fees provided in this section shall be paid upon the     482          

presentation of the instruments for record or upon the             483          

application for any certified copy of the record, excepting        484          

EXCEPT THAT THE PAYMENT OF fees associated with the filing and     486          

recording of, or the copying of, notices of internal revenue tax   487          

liens and notices of other liens in favor of the United States as  488          

described in division (A) of section 317.09 of the Revised Code    489          

and certificates of discharge or release of those liens, the       490          

payment for which shall be governed by section 317.09 of the       491          

Revised Code, AND THE PAYMENT OF FEES FOR PROVIDING COPIES OF      493          

INSTRUMENTS CONVEYING OR EXTINGUISHING AGRICULTURAL EASEMENTS TO   494          

THE OFFICE OF FARMLAND PRESERVATION UNDER DIVISION (G) OF SECTION  495          

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

      Sec. 901.21.  (A)  AS USED IN THIS SECTION AND SECTION       497          

901.22 OF THE REVISED CODE:                                        499          

      (1)  "AGRICULTURAL EASEMENT" HAS THE SAME MEANING AS IN      503          

SECTION 5301.67 OF THE REVISED CODE.                               504          

      (2)  "AGRICULTURE" MEANS THOSE ACTIVITIES OCCURRING ON LAND  506          

DEVOTED EXCLUSIVELY TO AGRICULTURAL USE, AS DEFINED IN SECTION     507          

5713.30 OF THE REVISED CODE.                                                    

      (B)  THE DIRECTOR OF AGRICULTURE MAY ACQUIRE REAL PROPERTY   509          

USED PREDOMINANTLY IN AGRICULTURE AND AGRICULTURAL EASEMENTS BY    510          

GIFT, DEVISE, OR BEQUEST IF SUCH EASEMENTS ARE ON LAND THAT IS     511          

VALUED FOR PURPOSES OF REAL PROPERTY TAXATION AT ITS CURRENT       512          

VALUE FOR AGRICULTURAL USE UNDER SECTION 5713.31 OF THE REVISED    513          

CODE WHEN THE EASEMENT IS GRANTED.  ANY TERMS MAY BE INCLUDED IN   514          

AN AGRICULTURAL EASEMENT SO ACQUIRED THAT ARE NECESSARY OR         515          

APPROPRIATE TO PRESERVE ON BEHALF OF THE GRANTOR OF THE EASEMENT   516          

THE FAVORABLE TAX CONSEQUENCES OF THE GIFT, DEVISE, OR BEQUEST     517          

                                                          13     


                                                                 
UNDER THE "INTERNAL REVENUE ACT OF 1986," 100 STAT. 2085, 26       519          

U.S.C.A. 1, AS AMENDED.  THE DIRECTOR, BY ANY SUCH MEANS OR BY     520          

PURCHASE OR LEASE, MAY ACQUIRE, OR ACQUIRE THE USE OF, STATIONARY  521          

PERSONAL PROPERTY OR EQUIPMENT THAT IS LOCATED ON LAND ACQUIRED    522          

IN FEE BY THE DIRECTOR UNDER THIS SECTION AND THAT IS NECESSARY    523          

OR APPROPRIATE FOR THE USE OF THE LAND PREDOMINANTLY IN            524          

AGRICULTURE.                                                                    

      (C)  THE DIRECTOR MAY DO ALL THINGS NECESSARY OR             527          

APPROPRIATE TO RETAIN THE USE OF REAL PROPERTY ACQUIRED IN FEE     529          

UNDER DIVISION (B) OF THIS SECTION PREDOMINANTLY IN AGRICULTURE,   531          

INCLUDING, WITHOUT LIMITATION, PERFORMING ANY OF THE ACTIVITIES    532          

DESCRIBED IN DIVISION (A)(1) OR (2) OF SECTION 5713.30 OF THE      534          

REVISED CODE OR ENTERING INTO CONTRACTS TO LEASE OR RENT THE REAL  535          

PROPERTY SO ACQUIRED TO PERSONS OR GOVERNMENTAL ENTITIES THAT      536          

WILL USE THE LAND PREDOMINANTLY IN AGRICULTURE.                    537          

      (D)(1)  WHEN THE DIRECTOR CONSIDERS IT TO BE NECESSARY OR    540          

APPROPRIATE, THE DIRECTOR MAY SELL REAL PROPERTY ACQUIRED IN FEE,  541          

AND STATIONARY PERSONAL PROPERTY OR EQUIPMENT ACQUIRED BY GIFT,    542          

DEVISE, BEQUEST, OR PURCHASE, UNDER DIVISION (B) OF THIS SECTION   544          

ON SUCH TERMS AS THE DIRECTOR CONSIDERS TO BE ADVANTAGEOUS TO      545          

THIS STATE.                                                                     

      (2)  AN AGRICULTURAL EASEMENT ACQUIRED UNDER DIVISION (B)    548          

OF THIS SECTION MAY BE EXTINGUISHED UNDER THE CIRCUMSTANCES        549          

PRESCRIBED, AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET    550          

FORTH, IN THE INSTRUMENT CONVEYING THE AGRICULTURAL EASEMENT.      552          

      (E)  THERE IS HEREBY CREATED IN THE STATE TREASURY THE       555          

AGRICULTURAL EASEMENT PURCHASE FUND.  THE FUND SHALL CONSIST OF    556          

THE PROCEEDS RECEIVED FROM THE SALE OF REAL AND PERSONAL PROPERTY  557          

UNDER DIVISION (D) OF THIS SECTION; MONEYS RECEIVED DUE TO THE     559          

EXTINGUISHMENT OF AGRICULTURAL EASEMENTS ACQUIRED BY THE DIRECTOR  560          

UNDER DIVISION (B) OF THIS SECTION OR SECTION 5301.691 OF THE      562          

REVISED CODE; MONEYS RECEIVED DUE TO THE EXTINGUISHMENT OF         564          

AGRICULTURAL EASEMENTS PURCHASED WITH THE ASSISTANCE OF MATCHING   565          

GRANTS MADE UNDER SECTION 901.22 OF THE REVISED CODE; GIFTS,       567          

                                                          14     


                                                                 
BEQUESTS, DEVISES, AND CONTRIBUTIONS RECEIVED BY THE DIRECTOR FOR  568          

THE PURPOSE OF ACQUIRING AGRICULTURAL EASEMENTS; AND GRANTS        569          

RECEIVED FROM PUBLIC OR PRIVATE SOURCES FOR THE PURPOSE OF         570          

PURCHASING AGRICULTURAL EASEMENTS.  THE FUND SHALL BE              572          

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

USED BY THE DIRECTOR EXCLUSIVELY TO PURCHASE AGRICULTURAL          574          

EASEMENTS UNDER DIVISION (A) OF SECTION 5301.691 OF THE REVISED    576          

CODE AND PROVIDE MATCHING GRANTS UNDER SECTION 901.22 OF THE       577          

REVISED CODE TO MUNICIPAL CORPORATIONS, COUNTIES, TOWNSHIPS, AND                

CHARITABLE ORGANIZATIONS FOR THE PURCHASE OF AGRICULTURAL          579          

EASEMENTS.   MONEY IN THE FUND SHALL BE USED ONLY TO PURCHASE      580          

AGRICULTURAL EASEMENTS ON LAND THAT IS VALUED FOR PURPOSES OF      581          

REAL PROPERTY TAXATION AT ITS CURRENT VALUE FOR AGRICULTURAL USE   582          

UNDER SECTION 5713.31 OF THE REVISED CODE WHEN THE EASEMENT IS                  

PURCHASED.                                                         583          

      Sec. 901.22.  (A)  THE DIRECTOR OF AGRICULTURE, IN           585          

ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, SHALL ADOPT      587          

RULES THAT DO ALL OF THE FOLLOWING:                                588          

      (1)  ESTABLISH PROCEDURES AND ELIGIBILITY CRITERIA FOR       590          

MAKING MATCHING GRANTS TO MUNICIPAL CORPORATIONS, COUNTIES,        591          

TOWNSHIPS, AND CHARITABLE ORGANIZATIONS DESCRIBED IN DIVISION (B)  592          

OF SECTION 5301.69 OF THE REVISED CODE FOR THE PURCHASE OF         593          

AGRICULTURAL EASEMENTS;                                            594          

      (2)  ESTABLISH PROVISIONS THAT SHALL BE INCLUDED IN THE      596          

INSTRUMENT CONVEYING TO A MUNICIPAL CORPORATION, COUNTY,           597          

TOWNSHIP, OR CHARITABLE ORGANIZATION ANY AGRICULTURAL EASEMENT     598          

PURCHASED WITH MATCHING GRANT FUNDS PROVIDED BY THE DIRECTOR       599          

UNDER THIS SECTION, INCLUDING, WITHOUT LIMITATION, ALL OF THE      601          

FOLLOWING PROVISIONS:                                                           

      (a)  A PROVISION STATING THAT AN EASEMENT SO PURCHASED MAY   604          

BE EXTINGUISHED ONLY IF AN UNEXPECTED CHANGE IN THE CONDITIONS OF  605          

OR SURROUNDING THE LAND THAT IS SUBJECT TO THE EASEMENT MAKES      606          

IMPOSSIBLE OR IMPRACTICAL THE CONTINUED USE OF THE LAND FOR THE    607          

PURPOSES DESCRIBED IN THE EASEMENT, OR IF THE REQUIREMENTS OF THE  608          

                                                          15     


                                                                 
EASEMENT ARE EXTINGUISHED BY JUDICIAL PROCEEDINGS;                 609          

      (b)  A PROVISION REQUIRING THAT, UPON THE SALE, EXCHANGE,    612          

OR INVOLUNTARY CONVERSION OF THE LAND SUBJECT TO THE EASEMENT,     613          

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

IS AT LEAST EQUAL TO THE PROPORTIONATE VALUE OF THE EASEMENT       616          

COMPARED TO THE TOTAL VALUE OF THE LAND AT THE TIME THE EASEMENT   617          

WAS ACQUIRED;                                                                   

      (c)  A PROVISION REQUIRING THAT, UPON RECEIPT OF THE         619          

PORTION OF THE PROCEEDS OF A SALE, EXCHANGE, OR INVOLUNTARY        620          

CONVERSION DESCRIBED IN DIVISION (A)(2)(b) OF THIS SECTION, THE    622          

MUNICIPAL CORPORATION, COUNTY, TOWNSHIP, OR CHARITABLE             623          

ORGANIZATION REMIT TO THE DIRECTOR AN AMOUNT OF MONEY EQUAL TO     624          

THE PERCENTAGE OF THE COST OF PURCHASING THE EASEMENT IT RECEIVED  625          

AS A MATCHING GRANT UNDER THIS SECTION.                            627          

      MONEYS RECEIVED BY THE DIRECTOR PURSUANT TO RULES ADOPTED    629          

UNDER DIVISION (A)(2)(c) OF THIS SECTION SHALL BE CREDITED TO THE  631          

AGRICULTURAL EASEMENT PURCHASE FUND CREATED IN SECTION 901.21 OF   632          

THE REVISED CODE.                                                  634          

      (3)  ANY OTHER REQUIREMENTS THAT THE DIRECTOR CONSIDERS TO   636          

BE NECESSARY OR APPROPRIATE TO IMPLEMENT OR ADMINISTER A PROGRAM   637          

TO MAKE MATCHING GRANTS UNDER THIS SECTION AND MONITOR THOSE       639          

GRANTS.                                                                         

      (B)  THE DIRECTOR MAY DEVELOP GUIDELINES REGARDING THE       642          

ACQUISITION OF AGRICULTURAL EASEMENTS BY THE DEPARTMENT OF         643          

AGRICULTURE AND THE PROVISIONS OF INSTRUMENTS CONVEYING THOSE      644          

EASEMENTS.  THE DIRECTOR MAY MAKE THE GUIDELINES AVAILABLE TO      645          

PUBLIC AND PRIVATE ENTITIES AUTHORIZED TO ACQUIRE AND HOLD         646          

AGRICULTURAL EASEMENTS.                                            647          

      (C)  THE DIRECTOR MAY PROVIDE TECHNICAL ASSISTANCE IN        650          

DEVELOPING A PROGRAM FOR THE ACQUISITION AND MONITORING OF         651          

AGRICULTURAL EASEMENTS TO PUBLIC AND PRIVATE ENTITIES AUTHORIZED   652          

TO HOLD AGRICULTURAL EASEMENTS.  THE TECHNICAL ASSISTANCE MAY      654          

INCLUDE, WITHOUT LIMITATION, REVIEWING AND PROVIDING ADVISORY      655          

RECOMMENDATIONS REGARDING DRAFT INSTRUMENTS CONVEYING                           

                                                          16     


                                                                 
AGRICULTURAL EASEMENTS.                                            656          

      (D)  THE DIRECTOR MAY MAKE MATCHING GRANTS FROM THE          659          

AGRICULTURAL EASEMENTS PURCHASE FUND CREATED IN SECTION 901.21 OF  660          

THE REVISED CODE TO MUNICIPAL CORPORATIONS, COUNTIES, TOWNSHIPS,   662          

AND CHARITABLE ORGANIZATIONS DESCRIBED IN DIVISION (B) OF SECTION  663          

5301.69 OF THE REVISED CODE, TO ASSIST THOSE POLITICAL                          

SUBDIVISIONS AND CHARITABLE ORGANIZATIONS IN PURCHASING            665          

AGRICULTURAL EASEMENTS.  APPLICATION FOR A MATCHING GRANT SHALL    666          

BE MADE ON FORMS PRESCRIBED AND PROVIDED BY THE DIRECTOR.  THE     667          

MATCHING GRANTS SHALL BE MADE IN COMPLIANCE WITH THE CRITERIA AND  668          

PROCEDURES ESTABLISHED IN RULES ADOPTED UNDER THIS SECTION.        669          

INSTRUMENTS CONVEYING AGRICULTURAL EASEMENTS PURCHASED WITH        671          

MATCHING GRANT FUNDS PROVIDED UNDER THIS SECTION, AT A MINIMUM,    672          

SHALL INCLUDE THE MANDATORY PROVISIONS SET FORTH IN THOSE RULES.   673          

      (E)(1)  THE DIRECTOR SHALL MONITOR AND EVALUATE THE          675          

EFFECTIVENESS AND EFFICIENCY OF THE AGRICULTURAL EASEMENT PROGRAM  676          

AS A FARMLAND PRESERVATION TOOL.  ON OR BEFORE JULY 1, 1999, AND   677          

THE FIRST DAY OF JULY  OF EACH YEAR THEREAFTER, THE DIRECTOR       678          

SHALL PREPARE AND SUBMIT A REPORT TO THE CHAIRPERSONS OF THE       679          

STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF                              

REPRESENTATIVES THAT CONSIDER LEGISLATION REGARDING AGRICULTURE.   680          

THE REPORT SHALL CONSIDER AND ADDRESS THE FOLLOWING CRITERIA TO    681          

DETERMINE THE PROGRAM'S EFFECTIVENESS:                             682          

      (a)  THE NUMBER OF AGRICULTURAL EASEMENTS PURCHASED DURING   684          

THE PRECEDING YEAR;                                                685          

      (b)  THE LOCATION OF THOSE EASEMENTS;                        687          

      (c)  THE NUMBER OF ACRES OF LAND PRESERVED FOR AGRICULTURAL  689          

USE;                                                                            

      (d)  THE AMOUNT OF MONEY USED BY A MUNICIPAL CORPORATION,    691          

TOWNSHIP, OR COUNTY FROM ITS GENERAL FUND OR SPECIAL FUND TO       693          

PURCHASE THE AGRICULTURAL EASEMENTS;                               694          

      (e)  THE NUMBER OF STATE MATCHING GRANTS GIVEN TO PURCHASE   696          

THE AGRICULTURAL EASEMENTS;                                        697          

      (f)  THE AMOUNT OF STATE MATCHING GRANT MONEYS USED TO       699          

                                                          17     


                                                                 
PURCHASE THE AGRICULTURAL EASEMENTS.                               700          

      (2)  THE REPORT ALSO SHALL CONSIDER AND INCLUDE, AT A        702          

MINIMUM, THE FOLLOWING INFORMATION FOR EACH COUNTY TO DETERMINE    703          

THE PROGRAM'S EFFICIENCY:                                                       

      (a)  THE TOTAL NUMBER OF ACRES IN THE COUNTY;                705          

      (b)  THE TOTAL NUMBER OF ACRES IN CURRENT AGRICULTURAL USE;  707          

      (c)  THE TOTAL NUMBER OF ACRES PRESERVED FOR AGRICULTURAL    709          

USE IN THE PRECEDING YEAR;                                         710          

      (d)  THE AVERAGE COST, PER ACRE, OF LAND PRESERVED FOR       712          

AGRICULTURAL USE IN THE PRECEDING YEAR.                            713          

      Sec. 5301.67.  As used in sections 5301.67 to 5301.70 of     722          

the Revised Code,:                                                 723          

      (A)  "conservation CONSERVATION easement" means an           725          

incorporeal right or interest in land that is held for the public  727          

purpose of retaining land, water, or wetland areas predominantly   728          

in their natural, scenic, open, or wooded condition, in            730          

agricultural, horticultural, silvicultural, or other farming or    731          

forest use INCLUDING, WITHOUT LIMITATION, THE USE OF LAND IN       732          

AGRICULTURE WHEN CONSISTENT WITH AND IN FURTHERANCE OF THE         733          

PURPOSE OF RETAINING THOSE AREAS IN SUCH A CONDITION, or           734          

RETAINING THEIR USE PREDOMINANTLY as suitable habitat for fish,    735          

plants, or wildlife; that imposes any limitations on the use or    736          

development of the areas that are appropriate at the time of       737          

creation of the conservation easement to achieve one or more of    738          

such THOSE purposes; and that includes appropriate provisions for  739          

the holder to enter the property subject to the easement at        740          

reasonable times to ensure compliance with its provisions.         741          

      (B)  "AGRICULTURE" MEANS THOSE ACTIVITIES OCCURRING ON LAND  743          

DEVOTED EXCLUSIVELY TO AGRICULTURAL USE, AS DEFINED IN SECTION     744          

5713.30 OF THE REVISED CODE.                                                    

      (C)  "AGRICULTURAL EASEMENT" MEANS AN INCORPOREAL RIGHT OR   747          

INTEREST IN LAND THAT IS HELD FOR THE PUBLIC PURPOSE OF RETAINING  748          

THE USE OF LAND PREDOMINANTLY IN AGRICULTURE; THAT IMPOSES ANY     749          

LIMITATIONS ON THE USE OR DEVELOPMENT OF THE LAND THAT ARE         750          

                                                          18     


                                                                 
APPROPRIATE AT THE TIME OF CREATION OF THE EASEMENT TO ACHIEVE     751          

THAT PURPOSE; THAT IS IN THE FORM OF ARTICLES OF DEDICATION,       752          

EASEMENT, COVENANT, RESTRICTION, OR CONDITION; AND THAT INCLUDES   753          

APPROPRIATE PROVISIONS FOR THE HOLDER TO ENTER THE PROPERTY        754          

SUBJECT TO THE EASEMENT AT REASONABLE TIMES TO ENSURE COMPLIANCE   755          

WITH ITS PROVISIONS.                                               756          

      Sec. 5301.68.  An owner of land may grant a conservation     766          

easement to the department of natural resources, a park district   767          

created under Chapter 1545. of the Revised Code, a township park   769          

district created under section 511.18 of the Revised Code, a       770          

conservancy district created under Chapter 6101. of the Revised    771          

Code, a soil and water conservation district created under                      

Chapter 1515. of the Revised Code, a county, a township, a         772          

municipal corporation, or a charitable organization that is        773          

authorized to hold conservation easements by division (B) of       774          

section 5301.69 of the Revised Code, in the form of articles of    776          

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

OWNER OF LAND ALSO MAY GRANT AN AGRICULTURAL EASEMENT TO THE       777          

DIRECTOR OF AGRICULTURE; TO A MUNICIPAL CORPORATION, COUNTY, OR    779          

TOWNSHIP; OR TO A CHARITABLE ORGANIZATION DESCRIBED IN DIVISION    781          

(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     782          

PURPOSES OF REAL PROPERTY TAXATION AT ITS CURRENT VALUE FOR        783          

AGRICULTURAL USE UNDER SECTION 5713.31 OF THE REVISED CODE WHEN    784          

THE EASEMENT IS GRANTED.                                                        

      All conservation easements AND AGRICULTURAL EASEMENTS shall  786          

be executed and recorded in the same manner as other instruments   788          

conveying interests in land.                                                    

      Sec. 5301.69.  (A)  The director of natural resources, the   797          

board of park commissioners of a park district created under       799          

Chapter 1545. of the Revised Code, the board of park               800          

commissioners of a township park district created under section                 

511.18 of the Revised Code, the board of directors of a            802          

conservancy district created under Chapter 6101. of the Revised    803          

                                                          19     


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

district created under Chapter 1515. of the Revised Code, the      804          

board of county commissioners of a county, the board of township   805          

trustees of a township, or the legislative authority of a          806          

municipal corporation may acquire conservation easements in the    808          

name of the state, the district, or the county, township, or       809          

municipal corporation in the same manner as other interests in     810          

land may be acquired under section 307.02, 307.18, 505.10,         811          

505.261, 511.23, 717.01, 1501.01, 1515.08, 1545.11, or 6101.15 of  812          

the Revised Code, and each.  EACH officer, board, or authority     814          

acquiring a conservation easement shall name an appropriate        815          

administrative officer, department, or division to supervise and   816          

enforce the easement.                                                           

      (B)  A charitable organization may acquire and hold          818          

conservation easements if it is exempt from federal taxation       819          

under subsection 501(a) and is described in subsection 501(c) of   820          

the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as  822          

amended, and organized for any of the following purposes:  the     823          

preservation of land areas for public outdoor recreation or        824          

education, or scenic enjoyment; the preservation of historically   825          

important land areas or structures; or the protection of natural   826          

environmental systems.  SUCH A CHARITABLE ORGANIZATION ALSO MAY    827          

ACQUIRE AND HOLD AGRICULTURAL EASEMENTS SUBJECT TO THE LIMITATION  828          

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

REAL PROPERTY TAXATION AT ITS CURRENT VALUE FOR AGRICULTURAL USE   829          

UNDER SECTION 5713.31 OF THE REVISED CODE WHEN THE EASEMENT IS     830          

GRANTED.                                                                        

      Sec. 5301.691.  (A)(1)  SUBJECT TO DIVISIONS (A)(2) AND (E)  833          

OF THIS SECTION, THE DIRECTOR OF AGRICULTURE, WITH MONEYS          834          

CREDITED TO THE AGRICULTURAL EASEMENT PURCHASE FUND CREATED IN     835          

SECTION 901.21 OF THE REVISED CODE, MAY PURCHASE AGRICULTURAL                   

EASEMENTS IN THE NAME OF THE STATE.                                837          

      (2)  NOT LESS THAN THIRTY DAYS PRIOR TO THE ACQUISITION OF   839          

AN AGRICULTURAL EASEMENT UNDER DIVISION (A)(1) OF THIS SECTION OR  841          

                                                          20     


                                                                 
THE EXTINGUISHMENT OF SUCH AN EASEMENT PURCHASED UNDER THAT        842          

DIVISION, THE DIRECTOR SHALL PROVIDE WRITTEN NOTICE OF THE         843          

INTENTION TO DO SO TO THE BOARD OF COUNTY COMMISSIONERS OF THE     844          

COUNTY IN WHICH THE LAND THAT IS OR IS PROPOSED TO BE SUBJECT TO   845          

THE EASEMENT OR EXTINGUISHMENT IS LOCATED, AND EITHER TO THE       846          

LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION IN WHICH THE    847          

LAND IS LOCATED, IF IT IS LOCATED IN AN INCORPORATED AREA, OR TO   848          

THE BOARD OF TOWNSHIP TRUSTEES OF THE TOWNSHIP IN WHICH THE LAND   849          

IS LOCATED, IF IT IS LOCATED IN AN UNINCORPORATED AREA.  IF,       850          

WITHIN THIRTY DAYS AFTER THE DIRECTOR PROVIDES THE NOTICE, THE     851          

BOARD OF COUNTY COMMISSIONERS, LEGISLATIVE AUTHORITY, OR BOARD OF  852          

TOWNSHIP TRUSTEES REQUESTS AN INFORMATIONAL MEETING WITH THE       853          

DIRECTOR REGARDING THE PROPOSED ACQUISITION OR EXTINGUISHMENT,     854          

THE DIRECTOR SHALL MEET WITH THE LEGISLATIVE AUTHORITY OR BOARD    855          

TO RESPOND TO THE BOARD'S OR AUTHORITY'S QUESTIONS AND CONCERNS.   856          

IF A MEETING IS TIMELY REQUESTED UNDER DIVISION (A)(2) OF THIS     858          

SECTION, THE DIRECTOR SHALL NOT UNDERTAKE THE PROPOSED             859          

ACQUISITION OR EXTINGUISHMENT UNTIL AFTER THE MEETING HAS BEEN     860          

CONCLUDED.                                                         861          

      THE DIRECTOR, UPON THE DIRECTOR'S OWN INITIATIVE AND PRIOR   863          

TO THE PURCHASE OF AN AGRICULTURAL EASEMENT UNDER DIVISION (A)(1)  865          

OF THIS SECTION OR THE EXTINGUISHMENT OF SUCH AN EASEMENT, MAY     866          

HOLD AN INFORMATIONAL MEETING WITH THE BOARD OF COUNTY             868          

COMMISSIONERS AND THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL       869          

CORPORATION OR BOARD OF TOWNSHIP TRUSTEES IN WHICH LAND THAT       870          

WOULD BE AFFECTED BY THE PROPOSED ACQUISITION OR EXTINGUISHMENT    871          

IS LOCATED, TO RESPOND TO ANY QUESTIONS AND CONCERNS OF THE BOARD  872          

OR AUTHORITY REGARDING THE PROPOSED ACQUISITION OR                 873          

EXTINGUISHMENT.                                                                 

      (B)(1)  SUBJECT TO DIVISION (E) OF THIS SECTION, THE         875          

LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION, BOARD OF COUNTY  877          

COMMISSIONERS OF A COUNTY, OR BOARD OF TRUSTEES OF A TOWNSHIP,     878          

WITH MONEYS IN THE POLITICAL SUBDIVISION'S GENERAL FUND NOT        879          

REQUIRED BY LAW OR CHARTER TO BE USED FOR OTHER SPECIFIED          880          

                                                          21     


                                                                 
PURPOSES OR WITH MONEYS IN A SPECIAL FUND OF THE POLITICAL         881          

SUBDIVISION TO BE USED FOR THE PURCHASE OF AGRICULTURAL                         

EASEMENTS, MAY PURCHASE AGRICULTURAL EASEMENTS IN THE NAME OF THE  883          

MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP.                        884          

      (2)  SUBJECT TO DIVISION (E) OF THIS SECTION, THE            886          

LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION, BOARD OF COUNTY  887          

COMMISSIONERS OF A COUNTY, OR BOARD OF TOWNSHIP TRUSTEES OF A      888          

TOWNSHIP MAY ACQUIRE AGRICULTURAL EASEMENTS BY GIFT, DEVISE, OR    890          

BEQUEST.  ANY TERMS MAY BE INCLUDED IN AN AGRICULTURAL EASEMENT    891          

SO ACQUIRED THAT ARE NECESSARY OR APPROPRIATE TO PRESERVE ON       892          

BEHALF OF THE GRANTOR OF THE EASEMENT THE FAVORABLE TAX            893          

CONSEQUENCES OF THE GIFT, DEVISE, OR BEQUEST UNDER THE "INTERNAL   894          

REVENUE ACT OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED.   897          

      (C)(1)  THE TERM OF AN AGRICULTURAL EASEMENT PURCHASED       900          

WHOLLY OR IN PART WITH MONEY FROM THE AGRICULTURAL EASEMENT        901          

PURCHASE FUND SHALL BE PERPETUAL AND SHALL RUN WITH THE LAND.      902          

      (2)  THE TERM OF AN AGRICULTURAL EASEMENT PURCHASED BY SUCH  904          

A LEGISLATIVE AUTHORITY OR BOARD WITHOUT THE USE OF ANY MONEY      906          

FROM THE AGRICULTURAL EASEMENT PURCHASE FUND MAY BE PERPETUAL OR   907          

FOR A SPECIFIED PERIOD.  THE AGRICULTURAL EASEMENT SHALL RUN WITH  908          

THE LAND.  THE INSTRUMENT CONVEYING AN AGRICULTURAL EASEMENT FOR   910          

A SPECIFIED PERIOD SHALL INCLUDE PROVISIONS SPECIFYING, AT A       911          

MINIMUM, ALL OF THE FOLLOWING:                                                  

      (a)  THE CONSIDERATION TO BE PAID FOR THE EASEMENT AND       914          

MANNER OF PAYMENT;                                                              

      (b)  WHETHER THE EASEMENT IS RENEWABLE AND, IF SO,           916          

PROCEDURES FOR ITS RENEWAL;                                        917          

      (c)  THE CIRCUMSTANCES UNDER WHICH THE EASEMENT MAY BE       919          

EXTINGUISHED;                                                      920          

      (d)  THE METHOD FOR DETERMINING THE AMOUNT OF MONEY, IF      923          

ANY, DUE THE HOLDER OF THE EASEMENT UPON EXTINGUISHMENT AND FOR    924          

PAYMENT OF THAT AMOUNT TO THE HOLDER.                              925          

      (D)  THE DIRECTOR AND EACH LEGISLATIVE AUTHORITY OF A        928          

MUNICIPAL CORPORATION, BOARD OF COUNTY COMMISSIONERS, OR BOARD OF  929          

                                                          22     


                                                                 
TOWNSHIP TRUSTEES, UPON ACQUIRING AN AGRICULTURAL EASEMENT BY      930          

PURCHASE, GIFT, DEVISE, OR BEQUEST UNDER THIS SECTION OR SECTION   931          

901.21 OF THE REVISED CODE, SHALL NAME AN APPROPRIATE              933          

ADMINISTRATIVE OFFICER, DEPARTMENT, OR DIVISION TO SUPERVISE AND   934          

ENFORCE THE EASEMENT.  A LEGISLATIVE AUTHORITY OR BOARD MAY ENTER  935          

INTO A CONTRACT WITH THE BOARD OF PARK COMMISSIONERS OF A PARK     937          

DISTRICT ESTABLISHED UNDER CHAPTER 1545. OF THE REVISED CODE, THE  940          

BOARD OF PARK COMMISSIONERS OF A TOWNSHIP PARK DISTRICT            941          

ESTABLISHED UNDER SECTION 511.18 OF THE REVISED CODE, OR THE       943          

BOARD OF SUPERVISORS OF A SOIL AND WATER CONSERVATION DISTRICT     944          

ESTABLISHED UNDER CHAPTER 1515. OF THE REVISED CODE HAVING         947          

TERRITORIAL JURISDICTION WITHIN THE MUNICIPAL CORPORATION,         948          

COUNTY, OR TOWNSHIP, OR WITH A CHARITABLE ORGANIZATION DESCRIBED   949          

IN DIVISION (B) OF SECTION 5301.69 OF THE REVISED CODE, TO         952          

SUPERVISE ON BEHALF OF THE LEGISLATIVE AUTHORITY OR BOARD AN       953          

AGRICULTURAL EASEMENT SO ACQUIRED.  THE CONTRACT MAY BE ENTERED    954          

INTO ON SUCH TERMS AS ARE AGREEABLE TO THE PARTIES AND SHALL       955          

SPECIFY OR PRESCRIBE A METHOD FOR DETERMINING THE AMOUNTS OF ANY   956          

PAYMENTS TO BE MADE BY THE LEGISLATIVE AUTHORITY OR BOARD OF       957          

COUNTY COMMISSIONERS OR TOWNSHIP TRUSTEES FOR THE PERFORMANCE OF   958          

THE CONTRACT.                                                      959          

      (E)  THE DIRECTOR; A MUNICIPAL CORPORATION, COUNTY, OR       961          

TOWNSHIP; OR A CHARITABLE ORGANIZATION DESCRIBED IN DIVISION (B)   962          

OF SECTION 5301.69 OF THE REVISED CODE, MAY ACQUIRE AGRICULTURAL   963          

EASEMENTS BY PURCHASE, GIFT, DEVISE, OR BEQUEST ONLY ON LAND THAT  964          

IS VALUED FOR PURPOSES OF REAL PROPERTY TAXATION AT ITS CURRENT    965          

VALUE FOR AGRICULTURAL USE UNDER SECTION 5713.31 OF THE REVISED                 

CODE WHEN THE EASEMENT IS GRANTED.                                 966          

      (F)  AN AGRICULTURAL EASEMENT ACQUIRED BY THE DIRECTOR       969          

UNDER DIVISION (A) OF THIS SECTION MAY BE EXTINGUISHED IF AN       973          

UNEXPECTED CHANGE IN THE CONDITIONS OF OR SURROUNDING THE LAND     974          

THAT IS SUBJECT TO THE EASEMENT MAKES IMPOSSIBLE OR IMPRACTICAL    975          

THE CONTINUED USE OF THE LAND FOR THE PURPOSES DESCRIBED IN THE    976          

AGRICULTURAL EASEMENT, OR IF THE REQUIREMENTS OF THE EASEMENT ARE  977          

                                                          23     


                                                                 
EXTINGUISHED BY JUDICIAL PROCEEDINGS.  UPON THE SALE, EXCHANGE,    978          

OR INVOLUNTARY CONVERSION OF THE LAND SUBJECT TO THE EASEMENT,     979          

THE DIRECTOR SHALL BE PAID AN AMOUNT OF MONEY THAT IS AT LEAST     981          

EQUAL TO THE PROPORTIONATE VALUE OF THE EASEMENT COMPARED TO THE   982          

TOTAL VALUE OF THE LAND AT THE TIME THE EASEMENT WAS ACQUIRED.     983          

MONEYS SO RECEIVED SHALL BE CREDITED TO THE AGRICULTURAL EASEMENT  984          

PURCHASE FUND CREATED IN SECTION 901.21 OF THE REVISED CODE.       986          

      AN AGRICULTURAL EASEMENT ACQUIRED BY A MUNICIPAL             988          

CORPORATION, COUNTY, OR TOWNSHIP UNDER DIVISION (B) OF THIS        990          

SECTION MAY BE EXTINGUISHED UNDER THE CIRCUMSTANCES PRESCRIBED,    992          

AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH, IN THE  993          

INSTRUMENT CONVEYING THE AGRICULTURAL EASEMENT.  AN AGRICULTURAL   996          

EASEMENT ACQUIRED BY A CHARITABLE ORGANIZATION DESCRIBED IN        997          

DIVISION (B) OF SECTION 5301.69 OF THE REVISED CODE MAY BE         1,000        

EXTINGUISHED UNDER THE CIRCUMSTANCES PRESCRIBED, AND IN            1,001        

ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH, IN THE         1,002        

INSTRUMENT CONVEYING THE AGRICULTURAL EASEMENT.                    1,003        

      ANY INSTRUMENT EXTINGUISHING AN AGRICULTURAL EASEMENT SHALL  1,007        

BE EXECUTED AND RECORDED IN THE SAME MANNER AS OTHER INSTRUMENTS   1,008        

CONVEYING OR TERMINATING INTERESTS IN REAL PROPERTY.               1,009        

      (G)  PROMPTLY AFTER THE RECORDING AND INDEXING OF AN         1,012        

INSTRUMENT CONVEYING AN AGRICULTURAL EASEMENT TO ANY PERSON OR TO  1,013        

A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP OR OF AN INSTRUMENT   1,014        

EXTINGUISHING AN AGRICULTURAL EASEMENT HELD BY ANY PERSON OR SUCH  1,016        

A POLITICAL SUBDIVISION, THE COUNTY RECORDER SHALL MAIL, BY        1,017        

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

FARMLAND PRESERVATION IN THE DEPARTMENT OF AGRICULTURE.  THE       1,018        

PHOTOCOPY SHALL BE ACCOMPANIED BY AN INVOICE FOR THE APPLICABLE    1,020        

FEE ESTABLISHED IN SECTION 317.32 OF THE REVISED CODE.  PROMPTLY   1,021        

AFTER RECEIVING THE PHOTOCOPY AND INVOICE, THE OFFICE OF FARMLAND  1,022        

PRESERVATION SHALL REMIT THE FEE TO THE COUNTY RECORDER.           1,024        

      (H)  THE DIRECTOR, THE LEGISLATIVE AUTHORITY OF A MUNICIPAL  1,027        

CORPORATION, A BOARD OF COUNTY COMMISSIONERS, OR A BOARD OF        1,028        

TOWNSHIP TRUSTEES MAY RECEIVE AND EXPEND GRANTS FROM ANY PUBLIC    1,029        

                                                          24     


                                                                 
OR PRIVATE SOURCE FOR THE PURPOSE OF PURCHASING AGRICULTURAL       1,030        

EASEMENTS AND SUPERVISING AND ENFORCING THEM.                      1,031        

      Sec. 5301.692.  THE LEGISLATIVE AUTHORITY OF A MUNICIPAL     1,034        

CORPORATION, BOARD OF COUNTY COMMISSIONERS OF A COUNTY, OR BOARD   1,035        

OF TOWNSHIP TRUSTEES OF A TOWNSHIP, IN ADDITION TO THE             1,036        

LEGISLATIVE AUTHORITY'S OR BOARD'S OTHER POWERS, MAY HOLD LAND OR  1,039        

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

LAND PREDOMINANTLY IN AGRICULTURE.  THE AUTHORITY AND BOARDS MAY   1,042        

DO ALL THINGS NECESSARY OR APPROPRIATE TO ACHIEVE THAT PURPOSE,    1,043        

INCLUDING, WITHOUT LIMITATION, PERFORMING ANY OF THE ACTIVITIES    1,044        

DESCRIBED IN DIVISION (A)(1) OR (2) OF SECTION 5713.30 OF THE      1,046        

REVISED CODE OR ENTERING INTO CONTRACTS TO LEASE OR RENT THE LAND  1,047        

OR INTERESTS IN LAND SO HELD TO PERSONS OR GOVERNMENTAL ENTITIES   1,048        

WHO WILL USE THE LAND PREDOMINANTLY IN AGRICULTURE.                1,049        

      Sec. 5705.19.  This section does not apply to school         1,058        

districts or county school financing districts.                    1,059        

      The taxing authority of any subdivision at any time and in   1,061        

any year, by vote of two-thirds of all the members of the taxing   1,062        

authority, may declare by resolution and certify the resolution    1,063        

to the board of elections not less than seventy-five days before   1,064        

the election upon which it will be voted that the amount of taxes  1,065        

that may be raised within the ten-mill limitation will be          1,066        

insufficient to provide for the necessary requirements of the      1,067        

subdivision and that it is necessary to levy a tax in excess of    1,068        

that limitation for any of the following purposes:                 1,069        

      (A)  For current expenses of the subdivision, except that    1,071        

the total levy for current expenses of a detention home district   1,072        

or district organized under section 2151.65 of the Revised Code    1,073        

shall not exceed two mills and that the total levy for current     1,074        

expenses of a combined district organized under sections 2151.34   1,075        

and 2151.65 of the Revised Code shall not exceed four mills;       1,076        

      (B)  For the payment of debt charges on certain described    1,078        

bonds, notes, or certificates of indebtedness of the subdivision   1,079        

issued subsequent to January 1, 1925;                              1,080        

                                                          25     


                                                                 
      (C)  For the debt charges on all bonds, notes, and           1,082        

certificates of indebtedness issued and authorized to be issued    1,083        

prior to January 1, 1925;                                          1,084        

      (D)  For a public library of, or supported by, the           1,086        

subdivision under whatever law organized or authorized to be       1,087        

supported;                                                         1,088        

      (E)  For a municipal university, not to exceed two mills     1,090        

over the limitation of one mill prescribed in section 3349.13 of   1,091        

the Revised Code;                                                  1,092        

      (F)  For the construction or acquisition of any specific     1,094        

permanent improvement or class of improvements that the taxing     1,095        

authority of the subdivision may include in a single bond issue;   1,096        

      (G)  For the general construction, reconstruction,           1,098        

resurfacing, and repair of streets, roads, and bridges in          1,099        

municipal corporations, counties, or townships;                    1,100        

      (H)  For recreational purposes;                              1,102        

      (I)  For the purpose of providing and maintaining fire       1,104        

apparatus, appliances, buildings, or sites therefor, or sources    1,105        

of water supply and materials therefor, or the establishment and   1,106        

maintenance of lines of fire alarm telegraph, or the payment of    1,107        

permanent, part-time, or volunteer firefighters or fire-fighting   1,109        

companies to operate the same, including the payment of the        1,110        

firefighters employer's contribution required under section        1,111        

742.34 of the Revised Code, or to purchase ambulance equipment,    1,113        

or to provide ambulance, paramedic, or other emergency medical     1,114        

services operated by a fire department or fire-fighting company;   1,115        

      (J)  For the purpose of providing and maintaining motor      1,117        

vehicles, communications, and other equipment used directly in     1,118        

the operation of a police department, or the payment of salaries   1,119        

of permanent police personnel, including the payment of the        1,120        

police employer's contribution required under section 742.33 of    1,123        

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

townships as a result of contracts made with other political       1,124        

subdivisions in order to obtain police protection, or to provide   1,125        

                                                          26     


                                                                 
ambulance or emergency medical services operated by a police       1,126        

department;                                                        1,127        

      (K)  For the maintenance and operation of a county home;     1,129        

      (L)  For community mental retardation and developmental      1,131        

disabilities programs and services pursuant to Chapter 5126. of    1,132        

the Revised Code, except that the procedure for such levies shall  1,133        

be as provided in section 5705.222 of the Revised Code;            1,134        

      (M)  For regional planning;                                  1,136        

      (N)  For a county's share of the cost of maintaining and     1,138        

operating schools, district detention homes, forestry camps, or    1,139        

other facilities, or any combination thereof established under     1,140        

section 2151.34 or 2151.65 of the Revised Code or both of those    1,141        

sections;                                                          1,142        

      (O)  For providing for flood defense, providing and          1,144        

maintaining a flood wall or pumps, and other purposes to prevent   1,145        

floods;                                                            1,146        

      (P)  For maintaining and operating sewage disposal plants    1,148        

and facilities;                                                    1,149        

      (Q)  For the purpose of purchasing, acquiring,               1,151        

constructing, enlarging, improving, equipping, repairing,          1,152        

maintaining, or operating, or any combination of the foregoing, a  1,153        

county transit system pursuant to sections 306.01 to 306.13 of     1,154        

the Revised Code, or to make any payment to a board of county      1,155        

commissioners operating a transit system or a county transit       1,156        

board pursuant to section 306.06 of the Revised Code;              1,157        

      (R)  For the subdivision's share of the cost of acquiring    1,159        

or constructing any schools, forestry camps, detention homes, or   1,160        

other facilities, or any combination thereof under section         1,161        

2151.34 or 2151.65 of the Revised Code or both of those sections;  1,162        

      (S)  For the prevention, control, and abatement of air       1,164        

pollution;                                                         1,165        

      (T)  For maintaining and operating cemeteries;               1,167        

      (U)  For providing ambulance service, emergency medical      1,169        

service, or both;                                                  1,170        

                                                          27     


                                                                 
      (V)  For providing for the collection and disposal of        1,172        

garbage or refuse, including yard waste;                           1,173        

      (W)  For the payment of the police employer's contribution   1,176        

or the firefighters employer's contribution required under         1,178        

sections 742.33 and 742.34 of the Revised Code;                                 

      (X)  For the construction and maintenance of a drainage      1,180        

improvement pursuant to section 6131.52 of the Revised Code;       1,181        

      (Y)  For providing or maintaining senior citizens services   1,183        

or facilities as authorized by section 307.694, 307.85, 505.70,    1,184        

505.706, or division (EE) of section 717.01 of the Revised Code;   1,185        

      (Z)  For the provision and maintenance of zoological park    1,187        

services and facilities as authorized under section 307.76 of the  1,188        

Revised Code;                                                      1,189        

      (AA)  For the maintenance and operation of a free public     1,191        

museum of art, science, or history;                                1,192        

      (BB)  For the establishment and operation of a 9-1-1         1,194        

system, as defined in section 4931.40 of the Revised Code;         1,195        

      (CC)  For the purpose of acquiring, rehabilitating, or       1,197        

developing rail property or rail service.  As used in this         1,198        

division, "rail property" and "rail service" have the same         1,199        

meanings as in section 4981.01 of the Revised Code.  This          1,200        

division applies only to a county, township, or municipal          1,201        

corporation.                                                       1,202        

      (DD)  For the purpose of acquiring property for,             1,204        

constructing, operating, and maintaining community centers as      1,205        

provided for in section 755.16 of the Revised Code;                1,206        

      (EE)  For the creation and operation of an office or joint   1,208        

office of economic development, for any economic development       1,209        

purpose of the office, and to otherwise provide for the            1,210        

establishment and operation of a program of economic development   1,211        

pursuant to sections 307.07 and 307.64 of the Revised Code;        1,212        

      (FF)  For the purpose of acquiring, establishing,            1,214        

constructing, improving, equipping, maintaining, or operating, or  1,215        

any combination of the foregoing, a township airport, landing      1,216        

                                                          28     


                                                                 
field, or other air navigation facility pursuant to section        1,217        

505.15 of the Revised Code;                                        1,218        

      (GG)  For the payment of costs incurred by a township as a   1,220        

result of a contract made with a county pursuant to section        1,221        

505.263 of the Revised Code in order to pay all or any part of     1,222        

the cost of constructing, maintaining, repairing, or operating a   1,223        

water supply improvement;                                          1,224        

      (HH)  For a board of township trustees to acquire, other     1,226        

than by appropriation, an ownership interest in land, water, or    1,227        

wetlands, or to restore or maintain land, water, or wetlands in    1,228        

which the board has such an interest, not for purposes of          1,229        

recreation, but for the purposes of protecting and preserving the  1,230        

natural, scenic, open, or wooded condition of the land, water, or  1,231        

wetlands against modification or encroachment resulting from       1,232        

occupation, development, or other use, which may be styled as      1,233        

protecting or preserving "greenspace" in the resolution, notice    1,234        

of election, or ballot form;                                       1,235        

      (II)  For the support by a county of a crime victim          1,237        

assistance program that is provided and maintained by a county     1,238        

agency or a private, nonprofit corporation or association under    1,239        

section 307.62 of the Revised Code;                                1,240        

      (JJ)  For any or all of the purposes set forth in divisions  1,243        

(I) and (J) of this section.  This division applies only to a      1,244        

township.                                                          1,245        

      (KK)  For a countywide public safety communications system   1,247        

under section 307.63 of the Revised Code.  This division applies   1,248        

only to counties.                                                  1,249        

      (LL)  For the support by a county of criminal justice        1,251        

services under section 307.45 of the Revised Code;                 1,252        

      (MM)  For the purpose of maintaining and operating a jail    1,254        

or other detention facility as defined in section 2921.01 of the   1,255        

Revised Code;                                                      1,256        

      (NN)  For purchasing, maintaining, or improving, or any      1,258        

combination of the foregoing, real estate on which to hold         1,259        

                                                          29     


                                                                 
agricultural fairs.  This division applies only to a county.       1,260        

      (OO)  For constructing, rehabilitating, repairing, or        1,262        

maintaining sidewalks, walkways, trails, bicycle pathways, or      1,263        

similar improvements, or acquiring ownership interests in land     1,264        

necessary for the foregoing improvements, by a board of township   1,265        

trustees;                                                                       

      (PP)  For both of the purposes set forth in divisions (G)    1,267        

and (OO) of this section.  This division applies only to a         1,268        

township.                                                                       

      (QQ)  FOR THE LEGISLATIVE AUTHORITY OF A MUNICIPAL           1,270        

CORPORATION, BOARD OF COUNTY COMMISSIONERS OF A COUNTY, OR BOARD   1,271        

OF TOWNSHIP TRUSTEES OF A TOWNSHIP TO ACQUIRE AGRICULTURAL         1,272        

EASEMENTS, AS DEFINED IN SECTION 5301.67 OF THE REVISED CODE, AND  1,274        

TO SUPERVISE AND ENFORCE THE EASEMENTS.                            1,275        

      The resolution shall be confined to the purpose or purposes  1,277        

described in one division of this section, to which the revenue    1,278        

derived therefrom shall be applied.  The existence in any other    1,279        

division of this section of authority to levy a tax for any part   1,280        

or all of the same purpose or purposes does not preclude the use   1,281        

of such revenues for any part of the purpose or purposes of the    1,282        

division under which the resolution is adopted.                    1,283        

      The resolution shall specify the amount of the increase in   1,285        

rate that it is necessary to levy, the purpose thereof, and the    1,286        

number of years during which the increase in rate shall be in      1,287        

effect, which may or may not include a levy upon the duplicate of  1,288        

the current year.  The number of years may be any number not       1,289        

exceeding five, except as follows:                                 1,290        

      (1)  When the additional rate is for the payment of debt     1,292        

charges, the increased rate shall be for the life of the           1,293        

indebtedness.                                                      1,294        

      (2)  When the additional rate is for any of the following,   1,296        

the increased rate shall be for a continuing period of time:       1,297        

      (a)  For the current expenses for a detention home           1,299        

district, a district organized under section 2151.65 of the        1,300        

                                                          30     


                                                                 
Revised Code, or a combined district organized under sections      1,301        

2151.34 and 2151.65 of the Revised Code;                           1,302        

      (b)  For providing a county's share of the cost of           1,304        

maintaining and operating schools, district detention homes,       1,305        

forestry camps, or other facilities, or any combination thereof,   1,306        

established under section 2151.34 or 2151.65 of the Revised Code   1,307        

or under both of those sections.                                   1,308        

      (3)  When the additional rate is for any of the following,   1,310        

the increased rate may be for a continuing period of time:         1,311        

      (a)  For the purposes set forth in division (I), (J), (U),   1,313        

or (KK) of this section;                                           1,314        

      (b)  For the maintenance and operation of a joint            1,316        

recreation district;                                               1,317        

      (c)  A levy imposed by a township for the purposes set       1,319        

forth in division (G) of this section.                             1,320        

      (4)  When the increase is for the purpose set forth in       1,322        

division (D) or (CC) of this section or for both of the purposes   1,323        

set forth in divisions (G) and (OO) of this section, the tax levy  1,324        

may be for any specified number of years or for a continuing       1,326        

period of time, as set forth in the resolution.                    1,327        

      (5)  When the additional rate is for the purpose described   1,329        

in division (Z) of this section, the increased rate shall be for   1,330        

any number of years not exceeding ten.                             1,331        

      A levy for the purposes set forth in division (I), (J), or   1,333        

(U) of this section, and a levy imposed by a township for the      1,334        

purposes set forth in division (G) of this section, may be         1,335        

reduced pursuant to section 5705.261 or 5705.31 of the Revised     1,336        

Code.  A levy for the purposes set forth in division (I), (J), or  1,337        

(U) of this section, and a levy imposed by a township for the      1,338        

purposes set forth in division (G) of this section, may also be    1,339        

terminated or permanently reduced by the taxing authority if it    1,340        

adopts a resolution stating that the continuance of the levy is    1,341        

unnecessary and the levy shall be terminated or that the millage   1,342        

is excessive and the levy shall be decreased by a designated       1,343        

                                                          31     


                                                                 
amount.                                                            1,344        

      A resolution of a detention home district, a district        1,346        

organized under section 2151.65 of the Revised Code, or a          1,347        

combined district organized under both sections 2151.34 and        1,348        

2151.65 of the Revised Code may include both current expenses and  1,349        

other purposes, provided that the resolution shall apportion the   1,350        

annual rate of levy between the current expenses and other         1,351        

purpose or purposes.  The apportionment need not be the same for   1,352        

each year of the levy, but the respective portions of the rate     1,353        

actually levied each year for the current expenses and the other   1,354        

purpose or purposes shall be limited by the apportionment.         1,355        

      Whenever a board of county commissioners, acting either as   1,357        

the taxing authority of its county or as the taxing authority of   1,358        

a sewer district or subdistrict created under Chapter 6117. of     1,359        

the Revised Code, by resolution declares it necessary to levy a    1,360        

tax in excess of the ten-mill limitation for the purpose of        1,361        

constructing, improving, or extending sewage disposal plants or    1,362        

sewage systems, the tax may be in effect for any number of years   1,363        

not exceeding twenty, and the proceeds thereof, notwithstanding    1,364        

the general provisions of this section, may be used to pay debt    1,365        

charges on any obligations issued and outstanding on behalf of     1,366        

the subdivision for the purposes enumerated in this paragraph,     1,367        

provided that any such obligations have been specifically          1,368        

described in the resolution.                                       1,369        

      The resolution shall go into immediate effect upon its       1,371        

passage, and no publication of the resolution is necessary other   1,372        

than that provided for in the notice of election.                  1,373        

      When the electors of a subdivision have approved a tax levy  1,375        

under this section, the taxing authority of the subdivision may    1,376        

anticipate a fraction of the proceeds of the levy and issue        1,377        

anticipation notes in accordance with section 5705.191 or          1,378        

5705.193 of the Revised Code.                                      1,379        

      Sec. 5739.026.  (A)  A board of county commissioners may     1,388        

levy a tax of one-fourth or one-half of one per cent on every      1,389        

                                                          32     


                                                                 
retail sale in the county, except sales of watercraft and          1,390        

outboard motors required to be titled pursuant to Chapter 1548.    1,391        

of the Revised Code and sales of motor vehicles, and may increase  1,392        

an existing rate of one-fourth of one per cent to one-half of one  1,393        

per cent, to pay the expenses of administering the tax and,        1,394        

except as provided in division (A)(6) of this section, for any     1,395        

one or more of the following purposes:                             1,396        

      (1)  To provide additional revenues for the payment of       1,398        

bonds or notes issued in anticipation of bonds issued by a         1,399        

convention facilities authority established by the board of        1,400        

county commissioners under Chapter 351. of the Revised Code and    1,401        

to provide additional operating revenues for the convention        1,402        

facilities authority;                                              1,403        

      (2)  To provide additional revenues for a transit authority  1,405        

operating in the county;                                           1,406        

      (3)  To provide additional revenue for the county's general  1,408        

fund;                                                              1,409        

      (4)  To provide additional revenue for permanent             1,411        

improvements within the county to be distributed by the community  1,412        

improvements board in accordance with section 307.283 and to pay   1,413        

principal, interest, and premium on bonds issued under section     1,414        

133.312 307.284 of the Revised Code;                               1,415        

      (5)  To provide additional revenue for the acquisition,      1,417        

construction, equipping, or repair of any specific permanent       1,418        

improvement or any class or group of permanent improvements,       1,419        

which improvement or class or group of improvements shall be       1,420        

enumerated in the resolution required by division (D) of this      1,421        

section, and to pay principal, interest, premium, and other costs  1,422        

associated with the issuance of bonds or notes in anticipation of  1,423        

bonds issued pursuant to Chapter 133. of the Revised Code for the  1,424        

acquisition, construction, equipping, or repair of the specific    1,425        

permanent improvement or class or group of permanent               1,426        

improvements;                                                      1,427        

      (6)  To provide revenue for the implementation and           1,429        

                                                          33     


                                                                 
operation of a 9-1-1 system in the county.  If the tax is levied   1,430        

or the rate increased exclusively for such purpose, the tax shall  1,431        

not be levied or the rate increased for more than five years.  At  1,432        

the end of the last year the tax is levied or the rate increased,  1,433        

any balance remaining in the special fund established for such     1,434        

purpose shall remain in that fund and be used exclusively for      1,435        

such purpose until the fund is completely expended, and,           1,436        

notwithstanding section 5705.16 of the Revised Code, the board of  1,437        

county commissioners shall not petition for the transfer of money  1,438        

from such special fund, and the tax commissioner shall not         1,439        

approve such a petition.                                           1,440        

      If the tax is levied or the rate increased for such purpose  1,442        

for more than five years, the board of county commissioners also   1,443        

shall levy the tax or increase the rate of the tax for one or      1,444        

more of the purposes described in divisions (A)(1) to (5) of this  1,445        

section and shall prescribe the method for allocating the          1,446        

revenues from the tax each year in the manner required by          1,447        

division (C) of this section.                                      1,448        

      (7)  To provide additional revenue for the operation or      1,450        

maintenance of a detention facility, as that term is defined       1,451        

under division (F) of section 2921.01 of the Revised Code;         1,452        

      (8)  To provide revenue to finance the construction or       1,455        

renovation of a sports facility, but only if the tax is levied     1,456        

for that purpose in the manner prescribed by section 5739.028 of   1,457        

the Revised Code.                                                               

      As used in division (A)(8) of this section:                  1,459        

      (a)  "Sports facility" means a facility intended to house    1,462        

major league professional athletic teams.                          1,463        

      (b)  "Constructing" or "construction" includes providing     1,466        

fixtures, furnishings, and equipment.                                           

      (9)  TO PROVIDE ADDITIONAL REVENUE FOR THE ACQUISITION OF    1,469        

AGRICULTURAL EASEMENTS, AS DEFINED IN SECTION 5301.67 OF THE       1,471        

REVISED CODE; TO PAY PRINCIPAL, INTEREST, AND PREMIUM ON BONDS     1,472        

ISSUED UNDER SECTION 133.60 OF THE REVISED CODE; AND FOR THE       1,473        

                                                          34     


                                                                 
SUPERVISION AND ENFORCEMENT OF AGRICULTURAL EASEMENTS HELD BY THE  1,475        

COUNTY.                                                                         

      Pursuant to section 755.171 of the Revised Code, a board of  1,477        

county commissioners may pledge and contribute revenue from a tax  1,478        

levied for the purpose of division (A)(5) of this section to the   1,480        

payment of debt charges on bonds issued under section 755.17 of                 

the Revised Code.                                                  1,481        

      The rate of tax shall be a multiple of one-fourth of one     1,483        

per cent, unless a portion of the rate of an existing tax levied   1,484        

under section 5739.023 of the Revised Code has been reduced, and   1,485        

the rate of tax levied under this section has been increased,      1,486        

pursuant to section 5739.028 of the revised code REVISED CODE, in  1,488        

which case the aggregate of the rates of tax levied under this     1,489        

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   1,491        

and the rate increased pursuant to a resolution adopted by a       1,493        

majority of the members of the board.                                           

      Prior to the adoption of any resolution to levy the tax or   1,495        

to increase the rate of tax exclusively for the purpose set forth  1,496        

in division (A)(3) of this section, the board of county            1,497        

commissioners shall conduct two public hearings on the             1,498        

resolution, the second hearing to be no fewer than three nor more  1,499        

than ten days after the first.  Notice of the date, time, and      1,500        

place of the hearings shall be given by publication in a           1,501        

newspaper of general circulation in the county once a week on the  1,502        

same day of the week for two consecutive weeks, the second         1,503        

publication being no fewer than ten nor more than thirty days      1,504        

prior to the first hearing.  The resolution shall become           1,505        

effective on the first day of the month specified in the           1,506        

resolution but not earlier than the first day of the month         1,507        

following the expiration of sixty days from the date of its        1,508        

adoption, subject to a referendum as provided in sections 305.31   1,509        

to 305.41 of the Revised Code, unless the resolution is adopted    1,510        

as an emergency measure necessary for the immediate preservation   1,511        

                                                          35     


                                                                 
of the public peace, health, or safety, in which case it shall go  1,512        

into effect on the first day of the month following the            1,513        

expiration of thirty days from the date of notice by the board of  1,514        

county commissioners to the tax commissioner of its adoption.      1,515        

The emergency measure shall receive an affirmative vote of all of  1,516        

the members of the board of county commissioners and shall state   1,517        

the reasons for the necessity.                                     1,518        

      If the tax is for more than one of the purposes set forth    1,521        

in division DIVISIONS (A)(1) to (7) AND (9) of this section or is  1,523        

exclusively for one of the purposes set forth in division (A)(1),  1,525        

(2), (4), (5), (6), or (7), OR (9) of this section, the            1,527        

resolution shall not go into effect unless it is approved by a     1,529        

majority of the electors voting on the question of the tax.        1,530        

      (B)  The board of county commissioners shall adopt a         1,532        

resolution under section 351.02 of the Revised Code creating the   1,533        

convention facilities authority, or under section 307.283 of the   1,534        

Revised Code creating the community improvements board, before     1,535        

adopting a resolution levying a tax for the purpose of a           1,536        

convention facilities authority under division (A)(1) of this      1,537        

section or for the purpose of a community improvements board       1,538        

under division (A)(4) of this section.                             1,539        

      (C)(1)  If the tax is to be used for more than one of the    1,541        

purposes set forth in divisions (A)(1) to (7) AND (9) of this      1,542        

section, the board of county commissioners shall establish the     1,544        

method that will be used to determine the amount or proportion of  1,545        

the tax revenue received by the county during each year that will  1,546        

be distributed for each of those purposes, including, if           1,547        

applicable, provisions governing the reallocation of a convention  1,548        

facilities authority's allocation if the authority is dissolved    1,549        

while the tax is in effect.  The allocation method may provide     1,550        

that different proportions or amounts of the tax shall be          1,551        

distributed among the purposes in different years, but it shall    1,552        

clearly describe the method that will be used for each year.       1,553        

Except as otherwise provided in division (C)(2) of this section,   1,554        

                                                          36     


                                                                 
the allocation method established by the board is not subject to   1,555        

amendment during the life of the tax.                              1,556        

      (2)  Subsequent to holding a public hearing on the proposed  1,558        

amendment, the board of county commissioners may amend the         1,559        

allocation method established under division (C)(1) of this        1,560        

section for any year if the amendment is approved by the           1,561        

governing board of each entity whose allocation for the year       1,562        

would be reduced by the proposed amendment.  In the case of a tax  1,563        

that is levied for a continuing period of time, the board may not  1,564        

so amend the allocation method for any year before the sixth year  1,565        

that the tax is in effect.                                         1,566        

      (a)  If the additional revenues provided to the convention   1,568        

facilities authority are pledged by the authority for the payment  1,569        

of convention facilities authority revenue bonds for as long as    1,570        

such bonds are outstanding, no reduction of the authority's        1,571        

allocation of the tax shall be made for any year except to the     1,572        

extent that the reduced authority allocation, when combined with   1,573        

the authority's other revenues pledged for that purpose, is        1,574        

sufficient to meet the debt service requirements for that year on  1,575        

such bonds.                                                        1,576        

      (b)  If the additional revenues provided to the county are   1,578        

pledged by the county for the payment of bonds or notes issued     1,579        

under Chapter 133. of the Revised Code DESCRIBED IN DIVISION       1,581        

(A)(4) OR (5) OF THIS SECTION, for as long as such bonds or notes  1,582        

are outstanding, no reduction of the county's or the community     1,583        

improvements board's allocation of the tax shall be made for any   1,584        

year except to the extent that the reduced county or community     1,585        

improvements board allocation is sufficient to meet the debt       1,586        

service requirements for that year on such bonds or notes.                      

      (c)  If the additional revenues provided to the transit      1,588        

authority are pledged by the authority for the payment of revenue  1,589        

bonds issued under section 306.37 of the Revised Code, for as      1,590        

long as such bonds are outstanding, no reduction of the            1,591        

authority's allocation of tax shall be made for any year except    1,592        

                                                          37     


                                                                 
to the extent that the authority's reduced allocation, when        1,593        

combined with the authority's other revenues pledged for that      1,594        

purpose, is sufficient to meet the debt service requirements for   1,595        

that year on such bonds.                                           1,596        

      (d)  IF THE ADDITIONAL REVENUES PROVIDED TO THE COUNTY ARE   1,599        

PLEDGED BY THE COUNTY FOR THE PAYMENT OF BONDS OR NOTES ISSUED     1,600        

UNDER SECTION 133.60 OF THE REVISED CODE, FOR SO LONG AS THE       1,601        

BONDS OR NOTES ARE OUTSTANDING, NO REDUCTION OF THE COUNTY'S       1,602        

ALLOCATION OF THE TAX SHALL BE MADE FOR ANY YEAR EXCEPT TO THE     1,603        

EXTENT THAT THE REDUCED COUNTY ALLOCATION IS SUFFICIENT TO MEET    1,604        

THE DEBT SERVICE REQUIREMENTS FOR THAT YEAR ON THE BONDS OR        1,605        

NOTES.                                                             1,606        

      (D)(1)  The resolution levying the tax or increasing the     1,608        

rate of tax shall state the rate of the tax or the rate of the     1,609        

increase; the purpose or purposes for which it is to be levied;    1,610        

the number of years for which it is to be levied or that it is     1,611        

for a continuing period of time; the allocation method required    1,612        

by division (C) of this section; and if required to be submitted   1,613        

to the electors of the county under division (A) of this section,  1,614        

the date of the election at which the proposal shall be submitted  1,615        

to the electors of the county, which shall be not less than        1,616        

seventy-five days after the certification of a copy of the         1,617        

resolution to the board of elections and, if the tax is to be      1,618        

levied exclusively for the purpose set forth in division (A)(3)    1,619        

of this section, shall not occur in February or August of any      1,620        

year.  Upon certification of the resolution to the board of        1,622        

elections, the board of county commissioners shall notify the tax  1,623        

commissioner in writing of the levy question to be submitted to    1,624        

the electors.  If approved by a majority of the electors, the tax  1,625        

shall become effective on the first day of the month specified in  1,626        

the resolution but not earlier than the first day of the month     1,627        

next following the thirtieth day following the certification of    1,628        

the results of the election to the board of county commissioners   1,629        

and the tax commissioner by the board of elections.                1,630        

                                                          38     


                                                                 
      (2)(a)  A resolution specifying that the tax is to be used   1,632        

exclusively for the purpose set forth in division (A)(3) of this   1,633        

section that is not adopted as an emergency measure may direct     1,634        

the board of elections to submit the question of levying the tax   1,635        

or increasing the rate of the tax to the electors of the county    1,636        

at a special election held on the date specified by the board of   1,638        

county commissioners in the resolution, provided that the          1,639        

election occurs not less than seventy-five days after the          1,640        

resolution is certified to the board of elections and the          1,641        

election is not held in February or August of any year.  Upon      1,642        

certification of the resolution to the board of elections, the     1,643        

board of county commissioners shall notify the tax commissioner    1,644        

in writing of the levy question to be submitted to the electors.   1,645        

No resolution adopted under division (D)(2)(a) of this section     1,646        

shall go into effect unless approved by a majority of those        1,647        

voting upon it and not until the first day of the month specified  1,648        

in the resolution but not earlier than the first day of the month  1,649        

following the expiration of thirty days from the date of the       1,650        

notice to the tax commissioner by the board of elections of the    1,651        

affirmative vote.                                                               

      (b)  A resolution specifying that the tax is to be used      1,653        

exclusively for the purpose set forth in division (A)(3) of this   1,654        

section that is adopted as an emergency measure shall become       1,655        

effective as provided in division (A) of this section but may      1,656        

direct the board of elections to submit the question of repealing  1,657        

the tax or increase in the rate of the tax to the electors of the  1,658        

county at the next general election in the county occurring not    1,659        

less than seventy-five days after the resolution is certified to   1,660        

the board of elections.  Upon certification of the resolution to   1,661        

the board of elections, the board of county commissioners shall    1,662        

notify the tax commissioner in writing of the levy question to be  1,663        

submitted to the electors.  The ballot question shall be the same  1,664        

as that prescribed in section 5739.022 of the Revised Code.  The   1,665        

board of elections shall notify the board of county commissioners  1,666        

                                                          39     


                                                                 
and the tax commissioner of the result of the election             1,667        

immediately after the result has been declared.  If a majority of  1,668        

the qualified electors voting on the question of repealing the     1,669        

tax or increase in the rate of the tax vote for repeal of the tax  1,670        

or repeal of the increase, the board of county commissioners, on   1,671        

the first day of the month following the expiration of thirty      1,672        

days after the date it received notice of the result of the        1,673        

election, shall, in the case of a repeal of the tax, cease to      1,674        

levy the tax, or, in the case of a repeal of an increase in the    1,675        

rate of the tax, cease to levy the increased rate and levy the     1,676        

tax at the rate at which it was imposed immediately prior to the   1,677        

increase in rate.                                                  1,678        

      (E)  The tax levied pursuant to this section shall be in     1,680        

addition to the tax levied by section 5739.02 of the Revised Code  1,681        

and any tax levied pursuant to section 5739.021 or 5739.023 of     1,682        

the Revised Code.                                                  1,683        

      A county that levies a tax pursuant to this section shall    1,685        

levy a tax at the same rate pursuant to section 5741.023 of the    1,686        

Revised Code.                                                      1,687        

      The additional tax levied by the county shall be collected   1,689        

pursuant to section 5739.025 of the Revised Code.                  1,690        

      Any tax levied pursuant to this section is subject to the    1,692        

exemptions provided in section 5739.02 of the Revised Code and in  1,693        

addition shall not be applicable to sales not within the taxing    1,694        

power of a county under the constitution CONSTITUTION of the       1,696        

United States or the constitution of this state OHIO               1,697        

CONSTITUTION.                                                                   

      Section 2.  That existing sections 133.07, 317.08, 317.32,   1,699        

5301.67, 5301.68, 5301.69, 5705.19, and 5739.026 of the Revised    1,700        

Code are hereby repealed.                                                       

      Section 3.  Section 133.07 of the Revised Code is presented  1,702        

in this act as a composite of the section as amended by both Am.   1,704        

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.  1,706        

                                                          40     


                                                                 
Section 5705.19 of the Revised Code is presented in this act as a  1,707        

composite of the section as amended by both Am. Sub. H.B. 336 and  1,708        

Am. Sub. H.B. 368 of the 122nd General Assembly, with the new      1,709        

language of neither of the acts shown in capital letters.  This                 

is in recognition of the principle stated in division (B) of       1,710        

section 1.52 of the Revised Code that such amendments are to be    1,711        

harmonized where not substantively irreconcilable and constitutes  1,712        

a legislative finding that such is the resulting version in        1,713        

effect prior to the effective date of this act.                    1,714