As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 50


Representative Snitchler 

Cosponsors: Representatives Burke, Murray, Schuring, Blessing 



A BILL
To amend section 709.02 of the Revised Code to 1
require that a political subdivision owner be 2
included in determining the number of owners 3
needed to sign a petition for an expedited type-II 4
annexation.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That section 709.02 of the Revised Code be 6
amended to read as follows:7

       Sec. 709.02.  (A) The owners of real estate contiguous to a 8
municipal corporation may petition for annexation to a municipal 9
corporation in the manner provided by sections 709.02 to 709.11 of 10
the Revised Code.11

       (B) Application for annexation shall be made by a petition 12
filed with the clerk of the board of county commissioners of the 13
county in which the territory is located.14

       (C) The petition required by this section shall contain the 15
following:16

       (1) The signatures of a majority of the owners of real estate 17
in the territory proposed for annexation. The person who signs or 18
the circulator of the petition also shall write the date the 19
signature was made next to the owner's name. No signature obtained 20
more than one hundred eighty days before the date on which the 21
petition is filed shall be counted in determining the number of 22
signers of the petition. Any owner who signed the petition may 23
have the signature removed before the document is filed by 24
delivering a signed statement to the agent for the petitioners 25
expressing the owner's wish to have the signature removed. Upon 26
receiving a signed statement, the agent for the petitioners shall 27
strike through the signature, causing the signature to be deleted 28
from the petition.29

       (2) An accurate legal description of the perimeter and an 30
accurate map or plat of the territory proposed for annexation;31

       (3) The name of a person or persons to act as agent for the 32
petitioners. The agent for the petitioners may be an official, 33
employee, or agent of the municipal corporation to which 34
annexation is proposed.35

       (D) At the time of filing the petition for annexation, the 36
agent for the petitioners also shall file with the clerk of the 37
board a list of all tracts, lots, or parcels in the territory 38
proposed for annexation, and all tracts, lots, or parcels located 39
adjacent to that territory or directly across the road from it 40
when the road is adjacent to it, including the name and mailing 41
address of the owner of each tract, lot, or parcel, and the 42
permanent parcel number from the county auditor's permanent parcel 43
numbering system established under section 319.28 of the Revised 44
Code for each tract, lot, or parcel. This list shall not be 45
considered to be a part of the petition for annexation, and any 46
error on the list shall not affect the validity of the petition.47

       (E) As used in sections 709.02 to 709.21, 709.38, and 709.39 48
of the Revised Code, "owner" or "owners" means any adult 49
individual who is legally competent, the state or any political 50
subdivision as defined in section 5713.081 of the Revised Code, 51
and any firm, trustee, or private corporation, any of which is 52
seized of a freehold estate in land; except that easements and any 53
railroad, utility, street, and highway rights-of-way held in fee, 54
by easement, or by dedication and acceptance are not included 55
within those meanings; and no person, firm, trustee, or private 56
corporation, the state, or any political subdivision, that has 57
become an owner of real estate by a conveyance, the primary 58
purpose of which is to affect the number of owners required to 59
sign a petition for annexation, is included within those meanings. 60
For purposes of sections 709.02, 709.021, 709.022, 709.024 to 61
709.21, 709.38, and 709.39 of the Revised Code, the state or any 62
political subdivision shall not be considered an owner and shall 63
not be included in determining the number of owners needed to sign 64
a petition unless an authorized agent of the state or the 65
political subdivision signs the petition. For purposes of section 66
709.023 of the Revised Code, the state shall be considered an 67
owner and shall be included in determining the number of owners 68
needed to sign a petition only if an authorized agent of the state 69
signs the petition. If an authorized agent of the state does not 70
sign a petition for purposes of section 709.023 of the Revised 71
Code, the state shall not be considered an owner and shall not be 72
included in determining the number of owners needed to sign a 73
petition. For purposes of section 709.023 of the Revised Code, a 74
political subdivision shall be considered an owner and shall be 75
included in determining the number of owners needed to sign a 76
petition. The authorized agent for the state shall be the director 77
of administrative services.78

       An owner is determined as of the date the petition is filed 79
with the board of county commissioners. If the owner is a 80
corporation, partnership, business trust, estate, trust, 81
organization, association, group, institution, society, state, or 82
political subdivision, the petition shall be signed by a person 83
who is authorized to sign for that entity. A person who owns more 84
than one parcel of real estate, either individually or as a tenant 85
in common or by survivorship tenancy, shall be counted as one 86
owner for purposes of this chapter.87

       Section 2.  That existing section 709.02 of the Revised Code 88
is hereby repealed.89