| Sec. 323.78. Notwithstanding anything in Chapters 323.,
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|
5721., and 5723. of the Revised Code, if the county treasurer of a
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county having a population of more than one million two hundred
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thousand as of the most recent decennial censusin which a county | 18 |
|
land reutilization operates, in
any petition
for foreclosure of | 19 |
|
abandoned lands, elects to invoke the
alternative
redemption | 20 |
|
period, then upon any adjudication of
foreclosure by
any court | 21 |
|
or the board of revision in any
proceeding under
section 323.25, | 22 |
|
sections 323.65 to 323.79, or
section 5721.18 of
the Revised | 23 |
|
Code,
the following apply: | 24 |
| (A) Unless otherwise ordered by a motion of the court or
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|
board of revision, the petition shall assert, and any notice of
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|
final
hearing shall include, that upon foreclosure of the parcel,
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|
the
equity of redemption in any parcel by its owner shall be
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|
forever
terminated after the expiration of the alternative
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|
redemption period, that the parcel thereafter may be sold at
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|
sheriff's sale either by itself or together with other parcels as
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|
permitted by law; or that the parcel may, by order of the court or
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|
board of revision, be transferred directly to a municipal
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|
corporation, township, county, school district, or county land
| 34 |
|
reutilization
corporation without appraisal and without a sale,
| 35 |
|
free and clear
of all impositions and any other liens on the
| 36 |
|
property, which
shall be deemed forever satisfied and discharged. | 37 |
| (B) After the expiration of the alternative redemption period
| 38 |
|
following an adjudication of foreclosure, by order of the court or
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|
board of revision, any equity of redemption is forever
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|
extinguished, and the parcel may be transferred individually or
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|
in lots with other tax-foreclosed properties to a municipal
| 42 |
|
corporation, township, county, school district, or county land
| 43 |
|
reutilization
corporation without appraisal and without a sale,
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|
upon which all
impositions and any other liens subordinate to
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|
liens for
impositions due at the time the deed to the property is
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|
conveyed
to a purchaser or transferred to a community development
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|
organization, county land reutilization corporation, municipal
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|
corporation, county, township, or school district, shall be deemed
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|
satisfied and
discharged. Other than the order of the court or
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|
board of revision
so ordering the transfer of the parcel, no
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|
further act of
confirmation or other order shall be required for
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|
such a transfer, or for the extinguishment of any right of
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|
redemption. | 54 |
| (C) Upon the expiration of the alternative redemption period
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|
in
cases to which the alternative redemption period has been
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|
ordered,
if no community development organization, county land
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|
reutilization corporation, municipal corporation, county,
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|
township, or school district has requested title to the parcel,
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|
the court or board of
revision may order the property sold as
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|
otherwise provided in
Chapters 323. and 5721. of the Revised
| 61 |
|
Code, and, failing any bid
at any such sale, the parcel shall be
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|
forfeited to the state and
otherwise disposed of pursuant to
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|
Chapter 5723. of the Revised
Code. | 64 |
| Sec. 1724.03. (A) After the articles of incorporation have
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|
been filed, and at the first meeting of the board of directors of
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|
a county land reutilization corporation, the board shall adopt
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|
regulations for the government of the corporation, the conduct of
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|
its affairs, and the management of its property, consistent with
| 69 |
|
law and the articles. The content of the regulations shall be
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|
governed by section 1702.11 of the Revised Code to the extent not
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|
inconsistent with this chapter.
| 72 |
| (B) The board of directors of a county land reutilization
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corporation shall be composed of at least five, seven, or nine | 74 |
|
members, including
the county treasurer, at least
two of the | 75 |
members of the board of
county commissioners, and twothe | 76 |
|
remaining members selected by the treasurer
and the county | 77 |
commissioners who are members of the corporation's
board and | 78 |
approved by a majority of the
chief executive officers
of all | 79 |
municipal corporations the
majority of the territory of
which is | 80 |
located in the county. The
treasurer and county
commissioners | 81 |
who are members of the board of directors shall
establish the | 82 |
process by which such approval shall be obtained.
The failure, | 83 |
refusal, or inability of any chief executive officer
to respond | 84 |
in writing to any request for approval of the members
selected by | 85 |
the treasurer and county commissioners within fourteen
days shall | 86 |
be deemed an approval by the chief executive officer.
Any such | 87 |
failure, refusal, or inability to respond shall not
prevent the | 88 |
corporation from exercising its powers and authority
under this | 89 |
chapter. A county
treasurer
and the county
commissioners each | 90 |
|
may appoint a
representative, as a
director of the
corporation, | 91 |
|
to act for the
officer at any of the
meetings of
the | 92 |
|
corporation. Except as may
otherwise be
authorized by the
| 93 |
|
regulations of the corporation, all
members of
the board of
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|
directors shall serve without
compensation, but
shall
be
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|
reimbursed for actual and necessary
expenses.
| 96 |
| Sec. 1724.04. A county having a population of more than
one | 97 |
million two
hundred thousand, or between seventy-eight thousand | 98 |
|
and eighty-one thousand, as of the most recent decennial
census | 99 |
|
that elects under section 5722.02 of the Revised Code to
adopt | 100 |
|
and implement the procedures set forth in sections 5722.02
to | 101 |
|
5722.15 of the Revised Code may
organize a county land
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|
reutilization
corporation under this
chapter and Chapter 1702.
| 103 |
|
of the Revised
Code for the purpose of
exercising the powers
| 104 |
|
granted to a county
under Chapter 5722. of
the Revised Code. The
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|
county treasurer of
the county for the
benefit of which the
| 106 |
|
corporation is being
organized shall be the
incorporator of the
| 107 |
|
county land
reutilization corporation. The
form of the articles
| 108 |
|
of
incorporation of the corporation shall be
approved by
| 109 |
|
resolution
of the board of county commissioners of
the county. | 110 |
| When the articles of incorporation of any community
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|
improvement
corporation, or any amendment, amended articles,
| 112 |
|
merger, or consolidation
which provides for the creation of such a
| 113 |
|
corporation, are deposited for
filing and recording in the office
| 114 |
|
of the secretary of state, the secretary of
state shall submit
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|
them to the attorney general for examination. If such
articles,
| 116 |
|
amendment, amended articles, merger, or consolidation, are found
| 117 |
|
by
the attorney general to be in accordance with Chapter 1724. of
| 118 |
|
the Revised
Code, and not inconsistent with the constitution and
| 119 |
|
laws of the United States
and of this state, the attorney
general | 120 |
|
shall endorse thereon
the attorney general's approval
and deliver | 121 |
|
them to the
secretary of state, who shall file and
record them | 122 |
|
pursuant to section 1702.07
of the Revised Code. | 123 |
Sec. 5722.22. A county land reutilization corporation shall | 124 |
is not be liable for damages arising from a, or subject to | 125 |
|
equitable remedies, for breach of a common law duty, or for | 126 |
|
violation of sections
3737.87 to 3737.891 of the Revised Code or | 127 |
|
Chapter 3704., 3734.,
3745., 3746., 3750., 3751., 3752., 6101., | 128 |
|
or 6111. of the Revised
Code or any rule adopted or order, | 129 |
|
permit, license, variance, or
plan approval issued under any of | 130 |
those chapters that is or was
committed by another person in | 131 |
|
connection with a parcel of land
acquired by the county land | 132 |
|
reutilization corporation.
| 133 |