As Passed by the House 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-TIBERI-OGG-HOOD-WILLAMOWSKI-BUEHRER-
AMSTUTZ-OLMAN-WIDENER-KREBS-J. BEATTY-STEVENS- 12
TERWILLEGER-MEAD-CATES 13
_________________________________________________________________ 14
A B I L L
To amend section 3313.41 of the Revised Code to 16
authorize a board of education to acquire real 17
property needed for school purposes by exchanging 18
real property that the board owns for the
property or by using real property that the board 19
owns as consideration in the purchase of the 20
property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 3313.41 of the Revised Code be 24
amended to read as follows: 25
Sec. 3313.41. (A) Except as provided in divisions (C) 34
and, (D), AND (F) of this section, when a board of education 35
decides to dispose of real or personal property that it owns in 36
its corporate capacity, and that exceeds in value ten thousand 37
dollars, it shall sell the property at public auction, after 38
giving at least thirty days' notice of the auction by publication 39
in a newspaper of general circulation or by posting notices in 40
five of the most public places in the school district in which 41
the property, if it is real property, is situated, or, if it is 42
personal property, in the school district of the board of 43
education that owns the property. The board may offer real 44
2
property for sale as an entire tract or in parcels. 45
(B) When the board of education has offered real or 47
personal property for sale at public auction at least once 48
pursuant to division (A) of this section, and the property has 50
not been sold, the board may sell it at a private sale. 51
Regardless of how it was offered at public auction, at a private 52
sale, the board shall, as it considers best, sell real property 53
as an entire tract or in parcels, and personal property in a 54
single lot or in several lots. 55
(C) If a board of education decides to dispose of real or 57
personal property that it owns in its corporate capacity and that 58
exceeds in value ten thousand dollars, it may sell the property 59
to the adjutant general; to any subdivision or taxing authority 60
as respectively defined in divisions (A) and (C) of section 61
5705.01 of the Revised Code, township park district, board of 62
park commissioners established under Chapter 755. of the Revised 63
Code, or park district established under Chapter 1545. of the 64
Revised Code; to a wholly or partially tax-supported university, 65
university branch, or college; or to the board of trustees of a 67
school district library, upon such terms as are agreed upon. The 68
sale of real or personal property to the board of trustees of a 69
school district library is limited, in the case of real property, 70
to a school district library within whose boundaries the real 71
property is situated, or, in the case of personal property, to a 72
school district library whose boundaries lie in whole or in part 73
within the school district of the selling board of education. 74
(D) When a board of education decides to trade as a part 76
or an entire consideration, an item of personal property on the 77
purchase price of an item of similar personal property, it may 78
trade the same upon such terms as are agreed upon by the parties 79
to the trade. 80
(E) The president and the treasurer of the board of 82
education shall execute and deliver deeds or other necessary 83
instruments of conveyance to complete any sale or trade under 84
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this section. 85
(F) WHEN A BOARD OF EDUCATION HAS IDENTIFIED A PARCEL OF 87
REAL PROPERTY THAT IT DETERMINES IS NEEDED FOR SCHOOL PURPOSES, 88
THE BOARD MAY, UPON A MAJORITY VOTE OF THE MEMBERS OF THE BOARD, 89
ACQUIRE THAT PROPERTY BY EXCHANGING REAL PROPERTY THAT THE BOARD 90
OWNS IN ITS CORPORATE CAPACITY FOR THE IDENTIFIED REAL PROPERTY 91
OR BY USING REAL PROPERTY THAT THE BOARD OWNS IN ITS CORPORATE 92
CAPACITY AS PART OR AN ENTIRE CONSIDERATION FOR THE PURCHASE 93
PRICE OF THE IDENTIFIED REAL PROPERTY. ANY EXCHANGE OR 94
ACQUISITION MADE PURSUANT TO THIS DIVISION SHALL BE MADE BY A 95
CONVEYANCE EXECUTED BY THE PRESIDENT AND THE TREASURER OF THE 96
BOARD.
Section 2. That existing section 3313.41 of the Revised 98
Code is hereby repealed. 99