As Reported by House Education Committee 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- 10
REPRESENTATIVES PETERSON-BARRETT-BRADING-HARTNETT-SMITH- 11
R. MILLER
_________________________________________________________________ 12
A B I L L
To amend section 3313.41 of the Revised Code to 14
authorize a board of education to acquire real 15
property needed for school purposes by exchanging 16
real property that the board owns for the
property or by using real property that the board 17
owns as consideration in the purchase of the 18
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 3313.41 of the Revised Code be 22
amended to read as follows: 23
Sec. 3313.41. (A) Except as provided in divisions (C) 32
and, (D), AND (F) of this section, when a board of education 33
decides to dispose of real or personal property that it owns in 34
its corporate capacity, and that exceeds in value ten thousand 35
dollars, it shall sell the property at public auction, after 36
giving at least thirty days' notice of the auction by publication 37
in a newspaper of general circulation or by posting notices in 38
five of the most public places in the school district in which 39
the property, if it is real property, is situated, or, if it is 40
personal property, in the school district of the board of 41
education that owns the property. The board may offer real 42
property for sale as an entire tract or in parcels. 43
(B) When the board of education has offered real or 45
2
personal property for sale at public auction at least once 46
pursuant to division (A) of this section, and the property has 48
not been sold, the board may sell it at a private sale. 49
Regardless of how it was offered at public auction, at a private 50
sale, the board shall, as it considers best, sell real property 51
as an entire tract or in parcels, and personal property in a 52
single lot or in several lots. 53
(C) If a board of education decides to dispose of real or 55
personal property that it owns in its corporate capacity and that 56
exceeds in value ten thousand dollars, it may sell the property 57
to the adjutant general; to any subdivision or taxing authority 58
as respectively defined in divisions (A) and (C) of section 59
5705.01 of the Revised Code, township park district, board of 60
park commissioners established under Chapter 755. of the Revised 61
Code, or park district established under Chapter 1545. of the 62
Revised Code; to a wholly or partially tax-supported university, 63
university branch, or college; or to the board of trustees of a 65
school district library, upon such terms as are agreed upon. The 66
sale of real or personal property to the board of trustees of a 67
school district library is limited, in the case of real property, 68
to a school district library within whose boundaries the real 69
property is situated, or, in the case of personal property, to a 70
school district library whose boundaries lie in whole or in part 71
within the school district of the selling board of education. 72
(D) When a board of education decides to trade as a part 74
or an entire consideration, an item of personal property on the 75
purchase price of an item of similar personal property, it may 76
trade the same upon such terms as are agreed upon by the parties 77
to the trade. 78
(E) The president and the treasurer of the board of 80
education shall execute and deliver deeds or other necessary 81
instruments of conveyance to complete any sale or trade under 82
this section. 83
(F) WHEN A BOARD OF EDUCATION HAS IDENTIFIED A PARCEL OF 85
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REAL PROPERTY THAT IT DETERMINES IS NEEDED FOR SCHOOL PURPOSES, 86
THE BOARD MAY, UPON A MAJORITY VOTE OF THE MEMBERS OF THE BOARD, 87
ACQUIRE THAT PROPERTY BY EXCHANGING REAL PROPERTY THAT THE BOARD 88
OWNS IN ITS CORPORATE CAPACITY FOR THE IDENTIFIED REAL PROPERTY 89
OR BY USING REAL PROPERTY THAT THE BOARD OWNS IN ITS CORPORATE 90
CAPACITY AS PART OR AN ENTIRE CONSIDERATION FOR THE PURCHASE 91
PRICE OF THE IDENTIFIED REAL PROPERTY. ANY EXCHANGE OR 92
ACQUISITION MADE PURSUANT TO THIS DIVISION SHALL BE MADE BY A 93
CONVEYANCE EXECUTED BY THE PRESIDENT AND THE TREASURER OF THE 94
BOARD.
Section 2. That existing section 3313.41 of the Revised 96
Code is hereby repealed. 97