As Passed by the Senate 1
123rd General Assembly 4
Regular Session S. B. No. 269 5
1999-2000 6
SENATORS NEIN-GARDNER-MUMPER-SHOEMAKER-DRAKE-SPADA- 8
WHITE-CARNES-LATTA-WATTS-ARMBRUSTER-WACHTMANN 9
_________________________________________________________________ 11
A B I L L
To amend section 3313.41 of the Revised Code to 13
authorize a board of education to acquire real 14
property needed for school purposes by exchanging 15
real property that the board owns for the
property or by using real property that the board 16
owns as consideration in the purchase of the 17
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 3313.41 of the Revised Code be 21
amended to read as follows: 22
Sec. 3313.41. (A) Except as provided in divisions (C) 31
and, (D), AND (F) of this section, when a board of education 32
decides to dispose of real or personal property that it owns in 33
its corporate capacity, and that exceeds in value ten thousand 34
dollars, it shall sell the property at public auction, after 35
giving at least thirty days' notice of the auction by publication 36
in a newspaper of general circulation or by posting notices in 37
five of the most public places in the school district in which 38
the property, if it is real property, is situated, or, if it is 39
personal property, in the school district of the board of 40
education that owns the property. The board may offer real 41
property for sale as an entire tract or in parcels. 42
(B) When the board of education has offered real or 44
personal property for sale at public auction at least once 45
pursuant to division (A) of this section, and the property has 47
2
not been sold, the board may sell it at a private sale. 48
Regardless of how it was offered at public auction, at a private 49
sale, the board shall, as it considers best, sell real property 50
as an entire tract or in parcels, and personal property in a 51
single lot or in several lots. 52
(C) If a board of education decides to dispose of real or 54
personal property that it owns in its corporate capacity and that 55
exceeds in value ten thousand dollars, it may sell the property 56
to the adjutant general; to any subdivision or taxing authority 57
as respectively defined in divisions (A) and (C) of section 58
5705.01 of the Revised Code, township park district, board of 59
park commissioners established under Chapter 755. of the Revised 60
Code, or park district established under Chapter 1545. of the 61
Revised Code; to a wholly or partially tax-supported university, 62
university branch, or college; or to the board of trustees of a 64
school district library, upon such terms as are agreed upon. The 65
sale of real or personal property to the board of trustees of a 66
school district library is limited, in the case of real property, 67
to a school district library within whose boundaries the real 68
property is situated, or, in the case of personal property, to a 69
school district library whose boundaries lie in whole or in part 70
within the school district of the selling board of education. 71
(D) When a board of education decides to trade as a part 73
or an entire consideration, an item of personal property on the 74
purchase price of an item of similar personal property, it may 75
trade the same upon such terms as are agreed upon by the parties 76
to the trade. 77
(E) The president and the treasurer of the board of 79
education shall execute and deliver deeds or other necessary 80
instruments of conveyance to complete any sale or trade under 81
this section. 82
(F) WHEN A BOARD OF EDUCATION HAS IDENTIFIED A PARCEL OF 84
REAL PROPERTY THAT IT DETERMINES IS NEEDED FOR SCHOOL PURPOSES, 85
THE BOARD MAY, UPON A MAJORITY VOTE OF THE MEMBERS OF THE BOARD, 86
3
ACQUIRE THAT PROPERTY BY EXCHANGING REAL PROPERTY THAT THE BOARD 87
OWNS IN ITS CORPORATE CAPACITY FOR THE IDENTIFIED REAL PROPERTY 88
OR BY USING REAL PROPERTY THAT THE BOARD OWNS IN ITS CORPORATE 89
CAPACITY AS PART OR AN ENTIRE CONSIDERATION FOR THE PURCHASE 90
PRICE OF THE IDENTIFIED REAL PROPERTY. ANY EXCHANGE OR 91
ACQUISITION MADE PURSUANT TO THIS DIVISION SHALL BE MADE BY A 92
CONVEYANCE EXECUTED BY THE PRESIDENT AND THE TREASURER OF THE 93
BOARD.
Section 2. That existing section 3313.41 of the Revised 95
Code is hereby repealed. 96