As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 269 5
1999-2000 6
SENATOR NEIN 8
_________________________________________________________________ 10
A B I L L
To amend section 3313.41 of the Revised Code to 12
authorize a board of education to acquire real 13
property needed for school purposes by exchanging 14
real property that the board owns for the
property or by using real property that the board 15
owns as consideration in the purchase of the 16
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 3313.41 of the Revised Code be 20
amended to read as follows: 21
Sec. 3313.41. (A) Except as provided in divisions (C) 30
and, (D), AND (F) of this section, when a board of education 31
decides to dispose of real or personal property that it owns in 32
its corporate capacity, and that exceeds in value ten thousand 33
dollars, it shall sell the property at public auction, after 34
giving at least thirty days' notice of the auction by publication 35
in a newspaper of general circulation or by posting notices in 36
five of the most public places in the school district in which 37
the property, if it is real property, is situated, or, if it is 38
personal property, in the school district of the board of 39
education that owns the property. The board may offer real 40
property for sale as an entire tract or in parcels. 41
(B) When the board of education has offered real or 43
personal property for sale at public auction at least once 44
pursuant to division (A) of this section, and the property has 46
not been sold, the board may sell it at a private sale. 47
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Regardless of how it was offered at public auction, at a private 48
sale, the board shall, as it considers best, sell real property 49
as an entire tract or in parcels, and personal property in a 50
single lot or in several lots. 51
(C) If a board of education decides to dispose of real or 53
personal property that it owns in its corporate capacity and that 54
exceeds in value ten thousand dollars, it may sell the property 55
to the adjutant general; to any subdivision or taxing authority 56
as respectively defined in divisions (A) and (C) of section 57
5705.01 of the Revised Code, township park district, board of 58
park commissioners established under Chapter 755. of the Revised 59
Code, or park district established under Chapter 1545. of the 60
Revised Code; to a wholly or partially tax-supported university, 61
university branch, or college; or to the board of trustees of a 63
school district library, upon such terms as are agreed upon. The 64
sale of real or personal property to the board of trustees of a 65
school district library is limited, in the case of real property, 66
to a school district library within whose boundaries the real 67
property is situated, or, in the case of personal property, to a 68
school district library whose boundaries lie in whole or in part 69
within the school district of the selling board of education. 70
(D) When a board of education decides to trade as a part 72
or an entire consideration, an item of personal property on the 73
purchase price of an item of similar personal property, it may 74
trade the same upon such terms as are agreed upon by the parties 75
to the trade. 76
(E) The president and the treasurer of the board of 78
education shall execute and deliver deeds or other necessary 79
instruments of conveyance to complete any sale or trade under 80
this section. 81
(F) WHEN A BOARD OF EDUCATION HAS IDENTIFIED A PARCEL OF 83
REAL PROPERTY THAT IT DETERMINES IS NEEDED FOR SCHOOL PURPOSES, 84
THE BOARD MAY, UPON A MAJORITY VOTE OF THE MEMBERS OF THE BOARD, 85
ACQUIRE THAT PROPERTY BY EXCHANGING REAL PROPERTY THAT THE BOARD 86
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OWNS IN ITS CORPORATE CAPACITY FOR THE IDENTIFIED REAL PROPERTY 87
OR BY USING REAL PROPERTY THAT THE BOARD OWNS IN ITS CORPORATE 88
CAPACITY AS PART OR AN ENTIRE CONSIDERATION FOR THE PURCHASE 89
PRICE OF THE IDENTIFIED REAL PROPERTY. ANY EXCHANGE OR 90
ACQUISITION MADE PURSUANT TO THIS DIVISION SHALL BE MADE BY A 91
CONVEYANCE EXECUTED BY THE PRESIDENT AND THE TREASURER OF THE 92
BOARD.
Section 2. That existing section 3313.41 of the Revised 94
Code is hereby repealed. 95