Section 1. That sections 135.807, 149.52, 317.02, 317.04, | 23 |
317.05, 317.07, 317.08, 317.09, 317.10, 317.111, 317.112, 317.12, | 24 |
317.13, 317.15, 317.17, 317.18, 317.19, 317.20, 317.22, 317.26, | 25 |
317.28, 317.29, 317.31, 317.32, 317.35, 317.36, 319.203, 323.43, | 26 |
503.13, 703.16, 707.09, 709.06, 709.32, 709.38, 709.39, 723.04, | 27 |
723.05, 961.02, 961.05, 971.15, 1311.06, 1311.35, 1311.42, | 28 |
1337.08, 1513.33, 1513.37, 1701.73, 1701.81, 1701.811, 1702.38, | 29 |
1702.43, 1702.462, 1705.38, 1705.381, 1729.38, 1776.70, 1776.74, | 30 |
1782.433, 1782.4310, 2113.62, 2505.13, 2937.27, 3929.18, 4123.76, | 31 |
4123.78, 4141.23, 4961.39, 5301.01, 5301.14, 5301.21, 5301.25, | 32 |
5301.255, 5301.28, 5301.32, 5301.33, 5301.331, 5301.332, 5301.34, | 33 |
5301.35, 5301.52, 5301.56, 5302.15, 5302.17, 5302.171, 5302.222, | 34 |
5309.13, 5309.41, 5309.64, 5715.701, 5719.04, 5721.35, 5747.451, | 35 |
and 5815.15 of the Revised Code be amended to read as follows: | 36 |
(B)(1) To ensure uniformity among all counties, the tax | 43 |
commissioner shall prescribe the form for a lien certificate | 44 |
delivered pursuant to division (A) of this section, which form | 45 |
shall include the identity of the homestead, the eligible | 46 |
borrower, the eligible lending institution, the amount of taxes | 47 |
paid by that eligible lending institution, and the tax year for | 48 |
which the taxes were paid. The tax commissioner shall distribute | 49 |
the forms to the county treasurers of all counties in which a | 50 |
property tax payment linked deposit program is established. | 51 |
(2) A county treasurer shall use the lien certificate form | 52 |
prescribed by the tax commissioner, except that, prior to the time | 53 |
that a lien certificate form is prescribed and the forms are | 54 |
distributed by the tax commissioner, the form shall be prepared by | 55 |
the county treasurer of the county, contain the information | 56 |
required by division (B)(1) of this section, and include the | 57 |
following sentence: "This lien certificate is delivered pursuant | 58 |
to section 135.807 of the Revised Code and vests in the eligible | 59 |
lending institution the first lien held previously by the state | 60 |
and its taxing districts for the amount of taxes paid by the | 61 |
eligible lending institution, together with any and all unpaid | 62 |
interest thereon." | 63 |
(D) The eligible lending institution may record the lien | 86 |
certificate or memorandum thereof as a mortgage on the land in the | 87 |
office of the county recorder of the county in which the homestead | 88 |
is situated. The county recorder shall record the certificate in | 89 |
the record of mortgagesofficial records provided for in division | 90 |
(B) of section 317.08 of the Revised Code and shall index the | 91 |
certificate in the indexes provided for under section 317.18 of | 92 |
the Revised Code. If the lien subsequently is canceled, the | 93 |
cancellation also shall be recorded by the county recorder. When a | 94 |
loan is repaid in full, the eligible financial institution shall | 95 |
promptly record the full payment and cancel or otherwise release | 96 |
the lien. On repayment of the loan in full, the lien certificate | 97 |
shall be null and void. | 98 |
Articles of dedication shall be executed by the owner of the | 112 |
land in the same manner and with the same effect as a deed or | 113 |
conveyance of an interest in real property and shall be | 114 |
irrevocable except as provided in this section. The county | 115 |
recorder may not accept articles of dedication for recording | 116 |
unless they have been accepted by the director of the Ohio | 117 |
historical society. The articles shall be recorded in the county | 118 |
record of deedsofficial records of the county recorder. The | 119 |
director may not accept articles of dedication unless they contain | 120 |
terms restricting the use of the property which adequately provide | 121 |
for its preservation and protection, for restoration where | 122 |
appropriate, and for archaeological research and study. Whenever | 123 |
possible and consistent with such purposes, the articles shall | 124 |
provide for public access in order that the maximum benefit be | 125 |
obtained. | 126 |
Articles of dedication may contain provisions for the | 127 |
management, custody, and transfer to the state or the society of | 128 |
real property or any estate, or right therein, provisions defining | 129 |
the rights of the owner or operating agency and of the society and | 130 |
its agents, and such other provisions as may be necessary or | 131 |
advisable to carry out the uses and purposes for which the | 132 |
property is dedicated. They may contain conditions under which the | 133 |
owner and the society may agree to rescind the articles. | 134 |
All departments, agencies, units, instrumentalities, and | 150 |
political subdivisions of the state, including counties, | 151 |
townships, municipal corporations, park districts, conservancy | 152 |
districts, universities, colleges, and school districts, may | 153 |
dedicate real property under their jurisdiction as archaeological | 154 |
preserves in accordance with this section. | 155 |
Sec. 317.02. Before entering upon the duties of his office, | 164 |
the county recorder shall give a bond, conditioned for the | 165 |
faithful discharge of the duties of his office, signed by a | 166 |
bonding or surety company authorized to do business in this state, | 167 |
or, at histhe recorder's option, by two or more freeholders | 168 |
having real estate in the value of double the amount of the bond | 169 |
over and above all encumbrances to the state in the sum of not | 170 |
less than ten thousand dollars, the surety company and the amount | 171 |
of the bond to be approved by the board of county commissioners. | 172 |
The expense or premium for suchthe bond shall be paid by the | 173 |
board and charged to the general fund of the county. SuchThe | 174 |
bond, with the oath of office required by sections 3.22 and 3.23 | 175 |
of the Revised Code, and by Section 7 of Article XV, Ohio | 176 |
Constitution, and the approval of the board indorsed thereon, | 177 |
shall be deposited with the county treasurer. | 178 |
Sec. 317.07. On going out ofUpon leaving office, each | 191 |
county recorder shall deliver to
histhe county recorder's | 192 |
successor, the seal of office, all books, records, and other | 193 |
instruments of writing belonging to the office, and take
histhe | 194 |
successor's receipt for them. In case of the county recorder's | 195 |
death of the recorder, histhe county recorder's personal | 196 |
representatives shall deliver suchthe seal, books, records, and | 197 |
papersinstruments to histhe successor in office. | 198 |
(28) Unemployment compensation liens, internal revenue tax | 297 |
liens, and other liens in favor of the United States as described | 298 |
in division (A) of section 317.09 of the Revised Code, personal | 299 |
tax liens, mechanic's liens, agricultural product liens, notices | 300 |
of liens, certificates of satisfaction or partial release of | 301 |
estate tax liens, discharges of recognizances, excise and | 302 |
franchise tax liens on corporations, broker's liens, and liens | 303 |
provided for in section 1513.33, 1513.37, 3752.13, 4141.23, | 304 |
5111.022, or 5311.18 of the Revised Code; and | 305 |
(B) All instruments or memoranda of instruments entitled to | 309 |
record shall be recorded in the proper record in the order in | 310 |
which they are presented for recordrecording. The recorder may | 311 |
index, keep, and record in one volume unemployment compensation | 312 |
liens, internal revenue tax liens and other liens in favor of the | 313 |
United States as described in division (A) of section 317.09 of | 314 |
the Revised Code, personal tax liens, mechanic's liens, | 315 |
agricultural product liens, notices of liens, certificates of | 316 |
satisfaction or partial release of estate tax liens, discharges of | 317 |
recognizances, excise and franchise tax liens on corporations, | 318 |
broker's liens, and liens provided for in sections 1513.33, | 319 |
1513.37, 3752.13, 5111.022, and 5311.18 of the Revised Code. | 320 |
(C) In lieu of keeping the six separate sets ofaddition to | 326 |
the official records
required in divisions (A)(1) to (6) of this | 327 |
section and the records required in divisions (D) and (E) of this | 328 |
section, a county recorder may record all the instruments required | 329 |
to be recorded by this section in two separate sets of record | 330 |
books. One set shall be called the "official records" and shall | 331 |
contain the instruments listed in divisions (A)(1), (2), (3), (5), | 332 |
and (6) and (D) and (E) of this section. The secondelect to keep | 333 |
a separate set of records shallthat contain the instruments | 334 |
listed in division (A)(4)(25) of this section. | 335 |
(E)(1) TheAs part of the official records, the county | 342 |
recorder shall keep a separate set of records containing all | 343 |
transfers, conveyances, or assignments of any type of tangible or | 344 |
intangible personal property or any rights or interests in that | 345 |
property if and to the extent that any person wishes to record | 346 |
that personal property transaction and if the applicable | 347 |
instrument is acknowledged before a notary public. If the | 348 |
transferor is a natural person, the notice of personal property | 349 |
transfer shall be recorded in the county in this state in which | 350 |
the transferor maintains the transferor's principal residence. If | 351 |
the transferor is not a natural person, the notice of personal | 352 |
property transfer shall be recorded in the county in this state in | 353 |
which the transferor maintains its principal place of business. If | 354 |
the transferor does not maintain a principal residence or a | 355 |
principal place of business in this state and the transfer is to a | 356 |
trustee of a legacy trust formed pursuant to Chapter 5816. of the | 357 |
Revised Code, the notice of personal property transfer shall be | 358 |
recorded in the county in this state where that trustee maintains | 359 |
a principal residence or principal place of business. In all other | 360 |
instances, the notice of personal property transfer shall be | 361 |
recorded in the county in this state where the property described | 362 |
in the notice is located. | 363 |
Sec. 317.09. (A)(1) Notices of liens for internal revenue | 367 |
taxes, of liens arising under section 107 of the "Comprehensive | 368 |
Environmental Response, Compensation, and Liability Act of 1980," | 369 |
94 Stat. 2781, 42 U.S.C.A. 9607, as amended, and of any other lien | 370 |
in favor of the United States, as provided in the statutes of the | 371 |
United States or in any regulation adopted under those statutes, | 372 |
certificates discharging the liens, and certificates of release of | 373 |
the liens shall be filed for record, by mail or otherwise, in the | 374 |
office of the county recorder of the county in which the property | 375 |
subject to the lien is situated. If a duplicate copy of a notice | 376 |
of a lien or a certificate of discharge or release of a lien is | 377 |
provided, the county recorder shall endorse on the copy the date | 378 |
and hour that the notice or certificate was received for filing | 379 |
and recording and shall return the copy, by mail or otherwise, to | 380 |
the district director of the internal revenue service of the Ohio | 381 |
district from which the notice or certificate originated, the | 382 |
regional administrator of the region of the United States | 383 |
environmental protection agency from which the notice or | 384 |
certificate originated, or the other official of the United States | 385 |
who originated the notice or certificate, whichever is applicable. | 386 |
(2) Except as provided in division (B) of this section, when | 387 |
When a notice of a lien in favor of the United States is filed, | 388 |
the county recorder shall enter it in a book or an electronic or | 389 |
magnetic medium known as the "federal tax and other federal lien | 390 |
index," in alphabetical order, showing on one line the name and | 391 |
residence of the person named in the notice, the serial number or | 392 |
other identifying number of the notice, and the total amount of | 393 |
record the lien in the official records provided for in section | 394 |
317.08 of the Revised Code and shall index the lien in the indexes | 395 |
provided for under section 317.18 of the Revised Code. Except as | 396 |
provided in division (C) of this section, theThe county recorder | 397 |
shall file and keep all original notices of liens in numerical | 398 |
order. Except as provided in division (C) of this section, when | 399 |
When a certificate of discharge or release of any lien in favor of | 400 |
the United States is issued by the proper official of the United | 401 |
States or the official's delegate and is filed for record in the | 402 |
office of the
county recorder in which the original notice of the | 403 |
lien is filed, the county recorder shall enterrecord the | 404 |
certificate with the date of filing in the federal tax and other | 405 |
federal lien index on the line on which the notice of the lien so | 406 |
discharged or released is entered and permanently attach the | 407 |
originalin the official records provided for in section 317.08 of | 408 |
the Revised Code and shall index the certificate of discharge or | 409 |
release to the original notice of the lienin the indexes provided | 410 |
for in section 317.18 of the Revised Code. | 411 |
(C) A county recorder may use any nonpaper electronic or | 418 |
magnetic medium specified in section 9.01 of the Revised Code to | 419 |
record the notices of liens and the certificates of discharge or | 420 |
release of liens covered by this section. If any of those mediums | 421 |
is used, an "original notice," for purposes of this section, shall | 422 |
mean the notice as originally recorded by the nonpaper electronic | 423 |
or magnetic medium, and the recorder, instead of permanently | 424 |
attaching an original certificate of discharge or release to the | 425 |
original notice, shall otherwise clearly indicate on the original | 426 |
notice that it has been discharged or released by the particular | 427 |
certificate. If such athe county recorder wishes to dispose of | 428 |
paper versions of the notices and certificates covered by this | 429 |
section because they are no longer needed in that format, the | 430 |
county recorder shall request the county records commission to | 431 |
revise the county's schedule of records retention and disposal in | 432 |
accordance with section 149.38 of the Revised Code to provide for | 433 |
the disposal of those paper records. | 434 |
Sec. 317.10. The county recorder shall record any certified | 442 |
copy of any matter in reference to bankruptcy, which any act of | 443 |
congress provides for, as being necessary to be filed in the | 444 |
county wherein lands of the bankrupt are situated, in order to be | 445 |
notice of such bankruptcy. Such a certified copy shall be recorded | 446 |
in the record of deedsofficial records and indexed in the same | 447 |
manner as deeds, in the name of the bankrupt as grantor, and in | 448 |
the name of the trustee in bankruptcy, or receiver, as grantee. | 449 |
The county recorder shall be paid the same fees for recording such | 450 |
a certified copy as is provided in section 317.32 of the Revised | 451 |
Code. | 452 |
Sec. 317.111. No instrument by which the title to real | 453 |
estate or personal property, or any interest therein or lien | 454 |
thereon, is conveyed, created, encumbered, assigned, or otherwise | 455 |
disposed of, shall be received for record or filing by the county | 456 |
recorder unless the name of the person who, and governmental | 457 |
agency, if any, which,that prepared suchthe instrument appears | 458 |
at the conclusion of suchupon the instrument, and suchthe name | 459 |
is either printed, typewritten, stamped, or signed in a legible | 460 |
manner. An instrument is in compliance with this section if it | 461 |
contains a statement in the following form: "This instrument was | 462 |
prepared by (name)." | 463 |
Sec. 317.12. Upon the presentation of a deed or other | 508 |
instrument of writing for record, the county recorder shall | 509 |
indorse thereon the date, the precise time of its presentation, | 510 |
and a file number. SuchThe file numbering shall be consecutive | 511 |
and in the order in which the instrument of writing is received | 512 |
for record, except financing statements, which shallmay have a | 513 |
separate series of file numbers and may be filed separately, as | 514 |
provided by sections 1309.501 to 1309.527 of the Revised Code. | 515 |
Until recorded, each instrument shall be kept on file in the same | 516 |
numerical order, for easy reference. If required, the recorder | 517 |
shall, without fee, give to the person presenting such instrument | 518 |
a receipt naming the parties thereto, the date thereof, and a | 519 |
brief description of the premises. When a deed or other instrument | 520 |
is recorded, the
county recorder shall indorse on it the time when | 521 |
recorded, and the number or letter and page of the bookofficial | 522 |
records in which it is recorded. | 523 |
Sec. 317.13. (A) Except as otherwise provided in division | 524 |
(B) of this section, the county recorder shall record in the | 525 |
proper recordofficial records, in legible handwriting, | 526 |
typewriting, or printing, or by any authorized photographic or | 527 |
electronic process, all deeds, mortgages, plats, or other | 528 |
instruments of writing that are required or authorized by the | 529 |
Revised Code to be recorded and that are presented to the county | 530 |
recorder for that purpose. The county recorder shall record the | 531 |
instruments in regular succession, according to the priority of | 532 |
presentation, and shall enter the file number at the beginning of | 533 |
the record. On the record of each instrument, the county recorder | 534 |
shall record the date and precise time the instrument was | 535 |
presented for record. All records made, prior to July 28, 1949, by | 536 |
means authorized by this section or by section 9.01 of the Revised | 537 |
Code shall be deemed properly made. | 538 |
(C) If a person presents an instrument of writing to the | 547 |
county recorder for recording and the county recorder, pursuant to | 548 |
division (B) of this section, refuses to record the instrument, | 549 |
the person may commence an action in or applyhas a cause of | 550 |
action for an order from the court of common pleas in the county | 551 |
that the county recorder serves, to require the county recorder to | 552 |
record the instrument. If the court determines that the instrument | 553 |
is required or authorized by the Revised Code to be recorded and | 554 |
is not materially false or fraudulent, it shall order the county | 555 |
recorder to record the instrument. | 556 |
Sec. 317.15. When a deed or other instrument of writing for | 557 |
the sale, conveyance, or encumbrance of lands, tenements, or | 558 |
hereditaments, situated within this state, has been recorded in | 559 |
the properofficial records of a county of the state, other than | 560 |
the county in which they are situated, whether or not the county | 561 |
in which suchthe instrument is recorded ever comprised a part of | 562 |
the territory in which suchthe lands, tenements, and | 563 |
hereditaments are situated, any person interested therein may | 564 |
procure, from the official records of the county in which the | 565 |
instrument is recorded, a certified copy of suchthe record from | 566 |
the county recorder, with histhe seal of office affixed thereto, | 567 |
and cause it to be recorded in the county where such lands, | 568 |
tenements, or hereditaments lie, in the manner provided by section | 569 |
5301.25 of the Revised Code. In making such a record, the | 570 |
certificate shall have the same validity and legal effect as the | 571 |
record of other deeds and instruments of writing. | 572 |
Sec. 317.17. When directed by the board of county | 573 |
commissioners to do so, the county recorder may transcribe in | 574 |
suitable booksthe official records provided for that purpose, | 575 |
from the records of other counties, all deeds, mortgages, powers | 576 |
of attorney, and other instruments of writing, for the sale, | 577 |
conveyance, or encumbrance of lands, tenements, or hereditaments | 578 |
situated within histhe county recorder's county. When | 579 |
transcribed, suchthose records shall be part of the records of | 580 |
the county and have the same legal effect as other records of | 581 |
instruments of like kind recorded originally in histhe county | 582 |
recorder's office. Copies of suchthose records shall be received | 583 |
in evidence in the same manner and with the same effect as | 584 |
original records of like instruments. | 585 |
Sec. 317.18. At the beginning of each day's business, the | 586 |
The county recorder shall make and keep up general alphabetical | 587 |
indexes, direct and reverse,indexes of all the names of both | 588 |
parties to all instruments previously received for record by him | 589 |
the county recorder. The volume and page where each such | 590 |
instrument is recorded may be omitted until it is actually | 591 |
recorded if the file number is entered in place of the volume or | 592 |
page. The indexes shall show the kind of instrument, the range, | 593 |
township, and section or the survey number and number of acres, or | 594 |
the permanent parcel number provided for under section 319.28 of | 595 |
the Revised Code, or the lot and sublot number and the part | 596 |
thereof, all as the case requires, of each tract, parcel, or lot | 597 |
of land described in any such instrument. The name of each grantor | 598 |
shall be entered in the direct index under the appropriate letter, | 599 |
followed on the same line by, and the name of theeach grantee, | 600 |
or, if there is more than one grantee, by the name of the first | 601 |
grantee followed by "and others" or its equivalent. The name of | 602 |
each grantee shall be entered in the reverse index under the | 603 |
appropriate letter, followed on the same line by the name of the | 604 |
grantor, or, if there is more than one grantor, by the name of the | 605 |
first grantor followed by "and others" or its equivalent. | 606 |
As to notices of claims filed in accordance with sections | 607 |
5301.51, 5301.52, and 5301.56 of the Revised Code, there shall be | 608 |
entered in the reverse index under the appropriate letter the name | 609 |
of each claimant, followed on the same line by the name of the | 610 |
present owner of title against whom the claim is asserted, if the | 611 |
notice contains the name of the present owner; or, if the notice | 612 |
contains the names of more than one such owner, there shall be | 613 |
entered the name of the first owner followed by "and others" or | 614 |
its equivalent. | 615 |
In all cases of deeds, mortgages, or other instruments made | 616 |
by any sheriff, master commissioner, marshal, auditor, executor, | 617 |
administrator, trustee, or other officer, for the sale, | 618 |
conveyance, or encumbrance of any lands, tenements, or | 619 |
hereditaments, and recorded in the recorder's office, the recorder | 620 |
shall index the parties to such instrument under their appropriate | 621 |
letters, respectively, as follows: | 622 |
In all cases of instruments filed in accordance with Chapter | 630 |
5311. of the Revised Code, the name of each owner shall be entered | 631 |
in the direct index, under the appropriate letter, followed on the | 632 |
same line by the name of the condominium property, and the name of | 633 |
the condominium property shall be entered in the reverse index | 634 |
under the appropriate letter followed on the same line by the name | 635 |
of the owner of the property, or, if the instrument contains the | 636 |
names of more than one owner, there shall be entered the name of | 637 |
the first owner followed by "and others" or its equivalent. | 638 |
Any general alphabetical index shall be commenced in | 639 |
conformity to this section, and wheneverWhenever, in the opinion | 640 |
of the board of county commissioners, it becomes necessary to | 641 |
transcribe, on account of its worn out or incomplete condition, | 642 |
any volume of an index in use, such volume shall be revised and | 643 |
transcribed to conform with this section; except that in counties | 644 |
having a sectional index in conformity with section 317.20 of the | 645 |
Revised Code, such transcript shall be only a copy of the | 646 |
original. | 647 |
Sec. 317.19. The county recorder shall keep a daily register | 648 |
of deeds and a daily register ofand mortgages, in which he shall | 649 |
notebe noted, as soon as filed, in alphabetical order according | 650 |
to the names of the grantors, respectively, all deeds and | 651 |
mortgages affecting real estate, filed in histhe county | 652 |
recorder's office. HeThe county recorder shall keep suchthe | 653 |
register in histhe county recorder's office, and it shall be open | 654 |
to the inspection of the public during business hours. The county | 655 |
recorder may destroy suchthe daily register after the expiration | 656 |
of a period of ten years from the date of the last entry in such | 657 |
the register. | 658 |
Sec. 317.20. (A) When, in the opinion of the board of county | 659 |
commissioners, sectional indexes are needed and it so directs, in | 660 |
addition to the alphabetical indexes provided for in section | 661 |
317.18 of the Revised Code, the board may provide for making, in | 662 |
books prepared for that purpose, sectional indexes to the records | 663 |
of all real estate in the county beginning with some designated | 664 |
year and continuing through the period of years that the board | 665 |
specifies. The sectional indexes shall place under the heads of | 666 |
the original surveyed sections or surveys, parts of a section or | 667 |
survey, squares, subdivisions, permanent parcel numbers provided | 668 |
for under section 319.28 of the Revised Code, or lots, on the | 669 |
left-hand page or on the upper portion of that page of the index | 670 |
book, the name of the grantor, then the name of the grantee, then | 671 |
the number and page of the record in which the instrument is found | 672 |
recorded, then the character of the instrument, and then a | 673 |
pertinent description of the interest in property conveyed by the | 674 |
deed, lease, or assignment of lease, and shall place under similar | 675 |
headings on the right-hand page or on the lower portion of that | 676 |
page of the index book, beginning at the bottom, all the | 677 |
mortgages, liens, notices provided for in sections 5301.51, | 678 |
5301.52, and 5301.56 of the Revised Code, or other encumbrances | 679 |
affecting the real estate. | 680 |
(C) If the board of county commissioners decides to have | 685 |
sectional indexes made, it shall advertise for three consecutive | 686 |
weeks in one newspaper of general circulation in the county or as | 687 |
provided in section 7.16 of the Revised Code for sealed proposals | 688 |
to do the work provided for in this section, shall contract with | 689 |
the lowest and best bidder, and shall require the successful | 690 |
bidder to give a bond for the faithful performance of the contract | 691 |
in the sum that the board fixes. The work shall be done to the | 692 |
acceptance of the auditor of state upon allowance by the board. | 693 |
The board may reject any and all bids for the work, provided that | 694 |
no more than five cents shall be paid for each entry of each tract | 695 |
or lot of land. | 696 |
(2) In connection with any transfer of registered land that | 703 |
occurs on and after March 30, 1999, in accordance with Chapters | 704 |
5309. and 5310. of the Revised Code, the county recorder shall | 705 |
delete from the sectional indexes maintained under this section | 706 |
all references to any restrictive covenant that appears to apply | 707 |
to the transferred registered land, if any inclusion of the | 708 |
restrictive covenant in a transfer, rental, or lease of housing | 709 |
accommodations, any honoring or exercising of the restrictive | 710 |
covenant, or any attempt to honor or exercise the restrictive | 711 |
covenant constitutes an unlawful discriminatory practice under | 712 |
division (H)(9) of section 4112.02 of the Revised Code. | 713 |
Before any real estate, the title to which has passed under | 724 |
the laws of descent, is transferred from the name of the ancestor | 725 |
to the heir at law or next of kin of such ancestor, or to any | 726 |
grantee of such heir or next of kin; and before any deed or | 727 |
conveyance of real estate made by any such heir or next of kin is | 728 |
presented to or filed for record by the recorder, the heir or next | 729 |
of kin, or that person's grantee, agent, or attorney shall present | 730 |
to the auditor the affidavit of such heir or next of kin, or of | 731 |
two persons resident of this state, each of whom has personal | 732 |
knowledge of the facts. Such affidavit shall set forth the date of | 733 |
the ancestor's death, and the place of residence at the time of | 734 |
death; the fact that the ancestor died intestate; the names, ages, | 735 |
and addresses, so far as known and can be ascertained, of each of | 736 |
such ancestor's heirs at law and next of kin, who, by the | 737 |
ancestor's death, inherited such real estate, the relationship of | 738 |
each to the ancestor, and the part or portion of such real estate | 739 |
inherited by each. Such transfers shall be made by the auditor in | 740 |
accordance with the statement contained in the affidavit, and the | 741 |
auditor shall indorse upon the deed or conveyance the fact that | 742 |
such transfer was made by affidavit. The affidavit shall be filed | 743 |
with the county recorder of the county in which such real estate | 744 |
is situated, at or before the time such deed or conveyance is | 745 |
filed with the county recorder, and shall be recorded by the | 746 |
county recorder of the county in the record of deedsofficial | 747 |
records and indexed in the general index of deedsdirect and | 748 |
reverse indexes in the county recorder's office, in the name of | 749 |
such ancestor as grantor and of each such heir or next of kin as | 750 |
grantee, in the same manner as if such names occurred in a deed of | 751 |
conveyance from the ancestor to such heirs at law. The county | 752 |
recorder shall receive the same fees for such indexing and | 753 |
recording as provided by section 317.32 of the Revised Code. | 754 |
(A)(1) Except as otherwise provided in division (A)(2) of | 792 |
this section, for recording and indexing an instrument if the | 793 |
photocopy or any similar process is employed, a base fee of | 794 |
fourteen dollars for the first two pages and a housing trust fund | 795 |
fee of fourteen dollars, and a base fee of four dollars and a | 796 |
housing trust fund fee of four dollars for each subsequent page, | 797 |
size eight and one-half inches by fourteen inches, or fraction of | 798 |
a page, including the caption page, of such instrument; | 799 |
(2) For recording and indexing an instrument described in | 800 |
division (E)(1) of section 317.08 of the Revised Code if the | 801 |
photocopy or any similar process is employed, a fee of | 802 |
twenty-eight dollars for the first two pages to be deposited into | 803 |
the county treasury to the credit of the special fund designated | 804 |
as "general fund moneys to supplement the equipment needs of the | 805 |
county recorder" under section 317.321 of the Revised Code, and a | 806 |
fee of eight dollars to be deposited in the same manner for each | 807 |
subsequent page, size eight and one-half inches by fourteen | 808 |
inches, or fraction of a page, including the caption page, of that | 809 |
instrument; | 810 |
(E)(D) For indexing in the real estate mortgage records, | 827 |
pursuant to section 1309.519 of the Revised Code, financing | 828 |
statements covering crops growing or to be grown, timber to be | 829 |
cut, minerals or the like, including oil and gas, accounts subject | 830 |
to section 1309.301 of the Revised Code, or fixture filings made | 831 |
pursuant to section 1309.334 of the Revised Code, a base fee of | 832 |
two dollars and a housing trust fund fee of two dollars for each | 833 |
name indexed; | 834 |
In any county in which the recorder employs the photostatic | 868 |
or any similar process for recording maps, plats, or prints the | 869 |
recorder shall determine, charge, and collect for the recording or | 870 |
rerecording of any map, plat, or print, a base fee of five cents | 871 |
and a housing trust fund fee of five cents per square inch, for | 872 |
each square inch of the map, plat, or print filed for that | 873 |
recording or rerecording, with a minimum base fee of twenty | 874 |
dollars and a minimum housing trust fund fee of twenty dollars; | 875 |
for certifying a copy from the record, a base fee of two cents and | 876 |
a housing trust fund fee of two cents per square inch of the | 877 |
record, with a minimum base fee of two dollars and a minimum | 878 |
housing trust fund fee of two dollars. | 879 |
The fees provided in this section shall be paid upon the | 880 |
presentation of the instruments for record or upon the application | 881 |
for any certified copy of the record, except that the payment of | 882 |
fees associated with the filing and recording of, or the copying | 883 |
of, notices of internal revenue tax liens and notices of other | 884 |
liens in favor of the United States as described in division (A) | 885 |
of section 317.09 of the Revised Code and certificates of | 886 |
discharge or release of those liens, shall be governed by section | 887 |
317.09 of the Revised Code, and the payment of fees for providing | 888 |
copies of instruments conveying or extinguishing agricultural | 889 |
easements to the office of farmland preservation in the department | 890 |
of agriculture under division (H) of section 5301.691 of the | 891 |
Revised Code shall be governed by that division. | 892 |
Sec. 317.36. (A) The county recorder shall collect the low- | 899 |
and moderate-income housing trust fund fee as specified in | 900 |
sections 317.114, 317.32, 1563.42, 1702.59, 2505.13, 4141.23, | 901 |
4509.60, 5111.022, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22, | 902 |
6101.09, and 6115.09 of the Revised Code. The amount of any | 903 |
housing trust fund fee the recorder is authorized to collect is | 904 |
equal to the amount of any base fee the recorder is authorized to | 905 |
collect for services. The housing trust fund fee shall be | 906 |
collected in addition to the base fee. | 907 |
Sec. 319.203. Subject to division (B) of section 315.251 of | 913 |
the Revised Code, the county auditor, the county recorder, and the | 914 |
county engineer of each county, by written agreement, shall adopt | 915 |
standards governing conveyances of real property in the county. | 916 |
These standards may include the requirements specified in section | 917 |
315.251 of the Revised Code. The county auditor, county recorder, | 918 |
and county engineer may modify those standards from time to time | 919 |
as they consider necessary or desirable. The standards shall be | 920 |
adopted or modified only after the county auditor, county | 921 |
recorder, and county engineer have held two public hearings, not | 922 |
less than ten days apart, concerning adoption or modification of | 923 |
the standards. The standards shall be available for public | 924 |
inspection during normal business hours at the offices of the | 925 |
county auditor, county recorder, and county engineer. | 926 |
Sec. 323.43. Each person owning lands may authorize or | 934 |
consent to the payment by another of the taxes levied upon those | 935 |
lands or the surface owner of lands may pay the taxes levied upon | 936 |
coal under the land if the taxes are delinquent, without consent | 937 |
of the owner of the coal. A person paying those taxes shall first | 938 |
obtain from the owner of the lands, except in the case of coal, a | 939 |
certificate of authority to pay them that is signed and | 940 |
acknowledged before an officer authorized to administer oaths. The | 941 |
certificate shall contain an accurate description of the property | 942 |
as shown by the tax duplicate, the amount of the taxes levied on | 943 |
the property, the year for which they were levied, the name of the | 944 |
person authorized to pay them, and the date of the payment of the | 945 |
taxes. | 946 |
The person paying those taxes shall file the certificate in | 952 |
the office of the county recorder for record within ten days from | 953 |
the date of the payment of the taxes. When the certificate has | 954 |
been filed, the amount of the tax, with interest at eight per cent | 955 |
per annum from the date of the payment of the tax, shall become a | 956 |
lien upon such real estate in preference to all liens thereafter | 957 |
attaching to the property, and in preference to all pre-existing | 958 |
liens the holders of which have executed and acknowledged that | 959 |
certificate of authority. The money paid, with the interest | 960 |
thereon, may be recovered from the person legally liable for the | 961 |
payment of the tax. An action may be brought by the person paying | 962 |
the tax at any time after the expiration of one year from the date | 963 |
of the payment. If the surface owner has paid taxes on coal under | 964 |
this section, the surface owner may bring an action in foreclosure | 965 |
in the same manner provided by law for the foreclosure of | 966 |
mortgages on land. The surface owner shall have the option after | 967 |
judgment in the foreclosure action to purchase the coal at the | 968 |
appraised amount or to have the coal sold at public sale in | 969 |
accordance with law. The certificate filed with the recorder shall | 970 |
be recorded and canceled in the same manner as mortgages on real | 971 |
estate in a book separately kept and indexed by the recorder for | 972 |
that purpose, and the official records of the county recorder. The | 973 |
county recorder shall receive the fees prescribed by law for | 974 |
recording real estate mortgages. | 975 |
Sec. 707.09. The county recorder shall file the transcript | 989 |
or other papers provided by section 707.08 of the Revised Code in | 990 |
histhe county recorder's office, and at the expiration of sixty | 991 |
days thereafter, unless enjoined as provided in section 707.11 of | 992 |
the Revised Code, hethe county recorder shall make a record of | 993 |
the petition, transcript, if any, and map in the proper book of | 994 |
official records. HeThe county recorder shall also file a copy of | 995 |
the record with the secretary of state. The county recorder shall | 996 |
preserve in histhe county recorder's office the original papers | 997 |
or copies of the original papers delivered to himthe county | 998 |
recorder by the board of county commissioners. | 999 |
Sec. 709.06. If the resolution or ordinance required by | 1002 |
section 709.04 of the Revised Code is an acceptance of the | 1003 |
proposed annexation, the auditor or clerk of the municipal | 1004 |
corporation to which annexation is proposed shall make three | 1005 |
copies, containing the petition, the map or plat accompanying the | 1006 |
petition, a transcript of the proceedings of the board of county | 1007 |
commissioners, and resolutions and ordinances in relation to the | 1008 |
annexation, with a certificate to each copy that it is correct. | 1009 |
Such certificate shall be signed by the auditor or clerk in his | 1010 |
the auditor's or clerk's official capacity, and shall be | 1011 |
authenticated by the seal of the municipal corporation if there is | 1012 |
any. The auditor or clerk shall forthwith deliver one such copy to | 1013 |
the county auditor and one such copy to the county recorder, who | 1014 |
shall make a record
thereofit in the proper book ofofficial | 1015 |
records and file and preserve it. The other copy shall be | 1016 |
forwarded by the auditor or clerk to the secretary of state. | 1017 |
Sec. 709.32. Under the direction of the municipal | 1018 |
corporation to which territory is proposed to be annexed, the | 1019 |
auditor or clerk thereof shall make and certify two transcripts of | 1020 |
all the ordinances, abstracts of the returns of the votes, and | 1021 |
other papers relating to annexation, one of which shall be filed | 1022 |
in the officeofficial records of the county recorder, who, having | 1023 |
made a record thereof, shall file and preserve it, and the other | 1024 |
shall be forwarded to the secretary of state. | 1025 |
Sec. 709.38. Upon petition of a majority of the freehold | 1026 |
electors owning lands in any portion of the territory of a | 1027 |
municipal corporation, or, if no freehold electors own land | 1028 |
therein, upon petition of a majority of the owners of lands | 1029 |
therein, accurately described in such petition with an accurate | 1030 |
map or plat thereof, praying to have such portion of territory | 1031 |
detached therefrom, the board of county commissioners, with the | 1032 |
assent of the legislative authority of the municipal corporation | 1033 |
given in an ordinance passed for the purpose, shall detach such | 1034 |
portion of the territory therefrom and attach it to any township | 1035 |
contiguous thereto, or, if the petition so requests, such board | 1036 |
shall erect the territory into a new township, the boundaries of | 1037 |
which need not include twenty-two square miles of territory. | 1038 |
(1) Ascertain and apportion the amount of existing | 1042 |
indebtedness of the municipal corporation from which the | 1043 |
detachment is made, which indebtedness shall be assumed and paid | 1044 |
by the township contiguous thereto and to which the territory is | 1045 |
attached, or by the new township, if a new township is erected, or | 1046 |
by the corporate successors of such township, and such | 1047 |
apportionment shall be made in proportion to the tax duplicate for | 1048 |
the detached territory transferred to a contiguous township | 1049 |
erected into a new township to the total tax duplicate for the | 1050 |
remaining portion of the municipal corporation from which the | 1051 |
detachment is made; | 1052 |
(D) The petition, map, ordinance, and the order of the board, | 1071 |
certified by the county auditor, shall be recorded in the
plat | 1072 |
bookofficial records in the office of the county recorder, and as | 1073 |
soon as such record is made the proceedings shall be complete, | 1074 |
both as to the detaching of such territory from the municipal | 1075 |
corporation and the annexation thereof to the township or the | 1076 |
erection of the territory into the new township, and as to the | 1077 |
apportionment of the indebtedness. | 1078 |
(E) Wherever territory has been detached from a municipal | 1079 |
corporation and attached to a township or created into a new | 1080 |
township, the board of township trustees of such township, or, | 1081 |
whereif such township has become a municipal corporation or been | 1082 |
annexed to any municipal corporation, the legislative authority of | 1083 |
the corporate successor of suchthe township may, by ordinance, | 1084 |
duly passed, contract, through its proper officers, with the | 1085 |
municipal corporation from which the detachment was originally | 1086 |
made, to apportion the indebtedness of the original territory in | 1087 |
the manner provided in this section. Such a contract shall be made | 1088 |
by ordinance or resolution, duly passed by the legislative | 1089 |
authority of the municipal corporation or board of township | 1090 |
trustees, and the effect of suchthe contract shall be the same as | 1091 |
if such apportionment was originally made by the board of county | 1092 |
commissioners, as provided by this section. | 1093 |
Sec. 709.39. The freehold electors owning lands in any | 1094 |
portion of a village, such portion being contiguous to an | 1095 |
adjoining township, and comprising not less than one thousand five | 1096 |
hundred acres of land, may file a petition with the board of | 1097 |
elections in such county requesting that an election be held to | 1098 |
obtain the opinion of the freehold electors owning lands and | 1099 |
residing within such portion of the village upon the question of | 1100 |
the detachment of the portion from such village, or, upon the | 1101 |
question of the detachment of such portion from the village and | 1102 |
the erection of such detached portion into a new township. Such | 1103 |
petition shall contain: | 1104 |
Within ten days after the filing of such petition with the | 1114 |
board, the board shall determine whether the petition conforms to | 1115 |
this section. If it does not conform, no further action shall be | 1116 |
taken thereon. If it does conform, the board shall order an | 1117 |
election, as prayed for in the petition, which election shall be | 1118 |
held at a convenient place within the territory sought to be | 1119 |
detached, on a day named by the board, which day shall be not less | 1120 |
than ninety days thereafter. The board shall thereupon give ten | 1121 |
days' notice of such election by publication in a newspaper of | 1122 |
general circulation in such territory, and shall cause written or | 1123 |
printed notices thereof to be posted in three or more public | 1124 |
places in such territory. The election shall be conducted in the | 1125 |
manner provided in Title XXXV of the Revised Code, and the judges | 1126 |
and clerks thereof shall be designated by such board. | 1127 |
If no freehold electors own lands in the portion of the | 1128 |
village seeking to be detached, the owners of lands within that | 1129 |
portion may file a petition with the board of county commissioners | 1130 |
requesting that the board proceed with the detachment procedures, | 1131 |
or with procedures for the detachment and erection of the portion | 1132 |
of the village into a new township, pursuant to section 709.38 of | 1133 |
the Revised Code. The petition shall contain the items required in | 1134 |
divisions (A), (B), and (D) of this section, and signatures equal | 1135 |
in number to at least a majority of the owners of land within the | 1136 |
portion of the village seeking to be detached. | 1137 |
The ballots shall contain the words "for detachment," and | 1138 |
"against detachment." If a majority of the ballots cast at such | 1139 |
election are cast against detachment, no further proceedings shall | 1140 |
be had in relation thereto for a period of two years. If a | 1141 |
majority of the votes cast at such election are cast for | 1142 |
detachment, the result of such election, together with the | 1143 |
original petition and plat and a transcript of all the proceedings | 1144 |
of such board in reference thereto shall be certified by the board | 1145 |
and delivered to the county recorder, who shall forthwith make a | 1146 |
record ofin the official records the petition and plat and | 1147 |
transcript of all the proceedings of the board and the result of | 1148 |
the election, in the public book of records, and preserve in the | 1149 |
recorder's office the original papers delivered to the recorder by | 1150 |
such board. The recorder shall certify thereon that the | 1151 |
transcribed petition and map are properly recorded. After having | 1152 |
made such record, the county recorder shall certify and forward to | 1153 |
the secretary of state, a transcript thereof. | 1154 |
The detachment of such territory from the village shall | 1155 |
thereupon be complete, and, if the petition included a request | 1156 |
that such territory be erected into a new township, the territory | 1157 |
shall thereupon constitute a new township, under the name and | 1158 |
style specified in such petition. All expense involved in holding | 1159 |
such election, and in the filing, recording, and transcribing of | 1160 |
the records, provided for in this section, shall be defrayed by | 1161 |
the petitioners, and the board and the county recorder may require | 1162 |
the payment thereof in advance as a condition precedent to the | 1163 |
taking by them, or either of them, of any action provided for in | 1164 |
this section. | 1165 |
Sec. 723.04. The legislative authority of a municipal | 1166 |
corporation, on petition by a person owning a lot in the municipal | 1167 |
corporation praying that a street or alley in the immediate | 1168 |
vicinity of such lot be vacated or narrowed, or the name thereof | 1169 |
changed, upon hearing, and upon being satisfied that there is good | 1170 |
cause for such change of name, vacation, or narrowing, that it | 1171 |
will not be detrimental to the general interest, and that it | 1172 |
should be made, may, by ordinance, declare such street or alley | 1173 |
vacated, narrowed, or the name thereof changed. The legislative | 1174 |
authority may include in one ordinance the change of name, | 1175 |
vacation, or narrowing of more than one street, avenue, or alley. | 1176 |
The original ordinance or a certified copy thereof shall be | 1177 |
recorded in the official records of the county recorder. | 1178 |
Sec. 961.02. The owner of any land used or to be used as a | 1193 |
pet cemetery shall file, or cause to be filed, in the office of | 1194 |
the county recorder of the county in which the land is located, a | 1195 |
declaration restricting the land to being used only for such | 1196 |
purposes as are usual and normal for the operation of a pet | 1197 |
cemetery. The owner shall execute the declaration in the same | 1198 |
manner and with the same effect as a conveyance of an interest in | 1199 |
land. The county recorder shall record the declaration in the | 1200 |
record of deedsofficial records. The restriction established in | 1201 |
such a recorded declaration may be removed only as provided in | 1202 |
section 961.05 of the Revised Code. Unless a restriction is so | 1203 |
removed, no person shall use land restricted as provided in this | 1204 |
section for any purpose other than for pet cemetery purposes. | 1205 |
(2) The owner of the pet cemetery or histhe owner's heirs or | 1219 |
assigns have received, from those persons who own burial rights in | 1220 |
the pet cemetery or their heirs or assigns, written authorization, | 1221 |
acknowledged before a notary public, to remove the restriction | 1222 |
from the land. Any person granting this authorization who wishes | 1223 |
to have a pet that is already interred in the pet cemetery removed | 1224 |
and reinterred elsewereelsewhere shall so state on the | 1225 |
authorization and the pet cemetery owner shall, at histhe owner's | 1226 |
expense, remove the pet remains and have them reinterred elsewhere | 1227 |
and shall provide proof of this removal and reinterment. A pet | 1228 |
cemetery owner need not obtain the authorization described in | 1229 |
division (B)(2) of this section from a person who has purchased a | 1230 |
burial right in the pet cemetery but who has not yet used that | 1231 |
right for the interment of a pet, if the owner refunds to the | 1232 |
purchaser or histhe purchaser's heirs or assigns all moneys taken | 1233 |
for the burial right, plus interest computed in the manner and at | 1234 |
the rate agreed upon between the cemetery owner and the owner of | 1235 |
the burial right. | 1236 |
Sec. 971.15. The applicable county recorder shall keep a | 1252 |
book known as the "partition fence record". All agreements between | 1253 |
the owners of adjoining properties filed in accordance with this | 1254 |
chapter, all affidavits filed by owners in accordance with this | 1255 |
chapter, and all assignments of and findings and decisions | 1256 |
regarding responsibility for building and maintaining in good | 1257 |
repair partition fences made under this chapter shall be recorded | 1258 |
in the recordofficial records of the county recorder. A document | 1259 |
recorded in the recordofficial records shall be final between the | 1260 |
parties thereto and successive owners thereafter until modified by | 1261 |
a subsequent document. All documents recorded in the record shall | 1262 |
describe the land where a partition fence is located and the | 1263 |
portion of the fence assigned to each applicable owner. In | 1264 |
addition, the documents shall describe the purposes and use of the | 1265 |
partition fence. | 1266 |
Sec. 1311.06. (A) Any person, or
histhe person's agent, who | 1267 |
wishes to avail
himselfself of sections 1311.01 to 1311.22 of the | 1268 |
Revised Code, shall make and file for record in the office of the | 1269 |
county recorder in the counties in which the improved property is | 1270 |
located, an affidavit showing the amount due over and above all | 1271 |
legal setoffs, a description of the property to be charged with | 1272 |
the lien, the name and address of the person to or for whom the | 1273 |
labor or work was performed or material was furnished, the name of | 1274 |
the owner, part owner, or lessee, if known, the name and address | 1275 |
of the lien claimant, and the first and last dates that the lien | 1276 |
claimant performed any labor or work or furnished any material to | 1277 |
the improvement giving rise to
histhe claimant's lien. If the | 1278 |
affidavit is recorded, the omission or inaccuracy of any address | 1279 |
in the affidavit does not affect its validity. The affidavit may | 1280 |
be verified before any person authorized to administer oaths, | 1281 |
whether agent for the owner, part owner, lessee, lien claimant, or | 1282 |
an interested or other party. | 1283 |
...................., whose address is ...................., being | 1304 |
first duly sworn, says that ...................., the lien | 1305 |
claimant, furnished certain material or performed certain labor or | 1306 |
work in the furtherance of improvements located on or removed to | 1307 |
the land hereinafter described, in pursuance of a certain | 1308 |
contract, with ...................., the owner, part owner, | 1309 |
lessee, original contractor, subcontractor, or other person, as | 1310 |
the case may be, whose address is .................... The first | 1311 |
of the labor or work was performed or material was furnished on | 1312 |
the ........... day of ..............., ....... (year). The last | 1313 |
of the labor or work was performed or material was furnished on | 1314 |
the ........ day of ............, ......(year), and there is | 1315 |
justly and truly due ...................., the lien claimant, | 1316 |
therefor from ...................., the owner, part owner, lessee, | 1317 |
original contractor, subcontractor, or other person, as the case | 1318 |
may be, over and above all legal setoffs, the sum of | 1319 |
................. dollars, for which amount ...................., | 1320 |
the lien claimant, claims a lien on the land, building, or | 1321 |
leasehold, of which .................... is or was the owner, part | 1322 |
owner, or lessee, as the case may be, which property is described | 1323 |
as follows: | 1324 |
|
Sec. 1311.35. The liens in section 1311.34 of the Revised | 1345 |
Code are waived by the employee, as to any portion of such labor, | 1346 |
unless within thirty days from the expiration of three months from | 1347 |
the performance thereof, hethe employee files with the county | 1348 |
recorder of the county where the labor was performed an itemized | 1349 |
statement, verified by affidavit, of the amount, kind, and value | 1350 |
of the labor performed within such period, with all credits and | 1351 |
offsets and the amount then due himthe employee therefor. Such | 1352 |
The statement, when filed,
mustshall be recorded in a book kept | 1353 |
for the purposethe official records, and becomes a lien upon the | 1354 |
real property of the employer without any specific description | 1355 |
thereof, for the period of one year from the filing of the | 1356 |
statement. | 1357 |
Sec. 1311.42. To perfect a lien referred to in section | 1358 |
1311.41 of the Revised Code, a person performing labor, furnishing | 1359 |
material, or boarding, within forty days from the date that hethe | 1360 |
person ceased performing labor, or furnishing materials, or | 1361 |
boarding on or for the railroad, shall file with the county | 1362 |
recorder of the county where the labor was performed, or material | 1363 |
or boarding furnished, an affidavit containing an itemized | 1364 |
statement of the kind and amount of material furnished, or labor | 1365 |
performed, the time when the contractor or subcontractor for whom, | 1366 |
and the section and place where, on the line of the road the labor | 1367 |
was performed, or material furnished, and the amount due therefor, | 1368 |
after deducting all payments and setoffs. In case of boarding, | 1369 |
such affidavit must have attached thereto an itemized account | 1370 |
thereof, showing the name of the contractor or subcontractor on | 1371 |
whose order it was furnished, the several persons to whom | 1372 |
furnished, the weekly rate of boarding, and the several amounts | 1373 |
unpaid by each respectively. On filing the affidavit, it shall be | 1374 |
recorded in a separate book to be provided thereforthe official | 1375 |
records of the county recorder, and then operateit operates as a | 1376 |
lien on the railroad, in the manner and subject only to the | 1377 |
limitations provided in sections 1311.39 to 1311.47, inclusive, of | 1378 |
the Revised Code. | 1379 |
Sec. 1337.08. The county recorder shall keep a record, in | 1380 |
which shall be recordedthe official records all powers of | 1381 |
attorney authorizing the transfer of personal property or the | 1382 |
transaction of any business relating thereto. Upon presentation of | 1383 |
such a power of attorney, the county recorder shall endorse | 1384 |
thereon the date of its presentation, and after it is recorded | 1385 |
endorse thereon the time at which the instrument was recorded, and | 1386 |
the number or letter and page of the bookofficial records in | 1387 |
which it is recorded. HeThe county recorder also shall keep an | 1388 |
alphabetical index of each power of attorney so recorded as | 1389 |
provided in section 317.18 of the Revised Code. | 1390 |
Sec. 1513.33. The amount of any grant to a community | 1391 |
improvement corporation or nonprofit corporation made under | 1392 |
section 1513.31 of the Revised Code or the state's expenses | 1393 |
incurred in reclaiming unreclaimed land owned by a community | 1394 |
improvement corporation or nonprofit corporation under section | 1395 |
1513.32 of the Revised Code shall constitute a loan by the state | 1396 |
to the corporation. Entry into a grant contract under section | 1397 |
1513.31 of the Revised Code or into a reclamation agreement under | 1398 |
section 1513.32 of the Revised Code by the chief of the division | 1399 |
of mineral resources management constitutes the designation of the | 1400 |
community improvement corporation or nonprofit corporation as the | 1401 |
state's agent for the commercial or industrial development of the | 1402 |
land named in the contract or agreement. | 1403 |
Each grant contract under section 1513.31 of the Revised Code | 1404 |
or reclamation agreement under section 1513.32 of the Revised Code | 1405 |
shall include terms for repayment of the grant or reimbursement of | 1406 |
the state for its reclamation expenses, which shall require | 1407 |
repayment of the loan in full upon the first sale, lease, or | 1408 |
rental of the land reclaimed under the contract or agreement if | 1409 |
the entire parcel of reclaimed land is sold, leased, or rented. If | 1410 |
the corporation establishes a business enterprise on the entire | 1411 |
parcel of reclaimed land, the contract shall require repayment of | 1412 |
the loan in full upon the commencement of operation of the | 1413 |
business enterprise. If the reclaimed land is sold, leased, or | 1414 |
rented in portions or the corporation establishes a business | 1415 |
enterprise on any portion of the reclaimed land, the contract or | 1416 |
agreement shall require repayment of that portion of the loan that | 1417 |
corresponds to the portion of the reclaimed land sold, leased, or | 1418 |
rented upon the first sale, lease, or rental of that portion, or | 1419 |
upon commencement of operation of the business enterprise on that | 1420 |
portion, by the corporation in the proportion that the acreage of | 1421 |
the reclaimed land sold, leased, rented, or used in business by | 1422 |
the corporation bears to the total acreage of land reclaimed under | 1423 |
the contract or agreement. | 1424 |
To secure repayment of the moneys granted under section | 1425 |
1513.31 of the Revised Code or of the state's reclamation expenses | 1426 |
under section 1513.32 of the Revised Code to or on behalf of a | 1427 |
community improvement corporation or nonprofit corporation, the | 1428 |
state shall have a lien on the land owned by the corporation that | 1429 |
is land reclaimed under section 1513.31 or 1513.32 of the Revised | 1430 |
Code equal to the amount of the grant made under section 1513.31 | 1431 |
of the Revised Code or to the state's expenses incurred in | 1432 |
reclaiming the land under section 1513.32 of the Revised Code. | 1433 |
Within thirty days after the final grant payment is made under | 1434 |
section 1513.31 of the Revised Code or after the completion of the | 1435 |
reclamation work under section 1513.32 of the Revised Code, the | 1436 |
chief shall cause to be recorded in the office of the county | 1437 |
recorder of the county in which the reclaimed land is located a | 1438 |
statement that shall contain an itemized accounting of the grant | 1439 |
paid under section 1513.31 of the Revised Code or an itemized | 1440 |
record of the state's expenses incurred in reclaiming the land | 1441 |
under section 1513.32 of the Revised Code. The statement shall | 1442 |
constitute a notice of lien and operate as of the date of delivery | 1443 |
as a lien on the land reclaimed in the amount of the grant moneys | 1444 |
paid out or the reclamation expenses incurred by the state and | 1445 |
shall have priority as a lien second only to the lien of real | 1446 |
property taxes imposed upon the land. The notice of lien and the | 1447 |
lien shall not be valid as against any mortgagee, pledgee, | 1448 |
purchaser, or judgment creditor whose rights have attached prior | 1449 |
to the date of filing of the statement by the chief or to any | 1450 |
prior or subsequent lien for real property taxes imposed pursuant | 1451 |
to section 5719.04 of the Revised Code. | 1452 |
The county recorder shall record and index the chief's | 1453 |
statement, under the name of the state and the corporation, in the | 1454 |
official records of mechanic's liens maintained by the county | 1455 |
recorder's office. The county recorder shall impose no charge for | 1456 |
the recording or indexing of the statement. If the land is | 1457 |
registered, the county recorder shall make a notation and enter a | 1458 |
memorial of the lien upon the page of the register in which the | 1459 |
last certificate of title to the land is registered, stating the | 1460 |
name of the claimant, amount claimed, volume and page of the | 1461 |
record where recorded, and exact time the memorial was entered. | 1462 |
A lien imposed under this section shall be foreclosed upon | 1471 |
the substantial failure of a corporation to repay any portion of | 1472 |
the amount granted under section 1513.31 of the Revised Code or | 1473 |
the state's reclamation expenses incurred under section 1513.32 of | 1474 |
the Revised Code in accordance with the terms of the grant | 1475 |
contract or reclamation agreement. Before foreclosing any lien | 1476 |
under this section, the chief shall make a written demand upon the | 1477 |
corporation to comply with the repayment terms of the contract or | 1478 |
agreement. If the corporation does not pay the amount due within | 1479 |
sixty days, the chief shall refer the matter to the attorney | 1480 |
general, who shall institute a civil action to foreclose the lien | 1481 |
of the state. | 1482 |
Sec. 1513.37. (A) There is hereby created in the state | 1487 |
treasury the abandoned mine reclamation fund, which shall be | 1488 |
administered by the chief of the division of mineral resources | 1489 |
management. The fund shall consist of grants from the secretary of | 1490 |
the interior from the federal abandoned mine reclamation fund | 1491 |
established by Title IV of the "Surface Mining Control and | 1492 |
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201, | 1493 |
regulations adopted under it, and amendments to the act and | 1494 |
regulations. Expenditures from the abandoned mine reclamation fund | 1495 |
shall be made by the chief for the following purposes: | 1496 |
(1) Reclamation and restoration of land and water resources | 1497 |
adversely affected by past coal mining, including, but not limited | 1498 |
to, reclamation and restoration of abandoned strip mine areas, | 1499 |
abandoned coal processing areas, and abandoned coal refuse | 1500 |
disposal areas; sealing and filling of abandoned deep mine entries | 1501 |
and voids; planting of land adversely affected by past coal | 1502 |
mining; prevention of erosion and sedimentation; prevention, | 1503 |
abatement, treatment, and control of water pollution created by | 1504 |
coal mine drainage, including restoration of streambeds and | 1505 |
construction and operation of water treatment plants; prevention, | 1506 |
abatement, and control of burning coal refuse disposal areas and | 1507 |
burning coal in situ; and prevention, abatement, and control of | 1508 |
coal mine subsidence; | 1509 |
(c) Are lands for which the chief finds that surface coal | 1557 |
mining operations occurred at any time between August 4, 1977, and | 1558 |
November 5, 1990, that the surety of the mining operator became | 1559 |
insolvent during that time, and that, as of November 5, 1990, any | 1560 |
moneys immediately available from proceedings relating to that | 1561 |
insolvency or from any financial guarantee or other source are not | 1562 |
sufficient to provide for adequate reclamation or abatement at the | 1563 |
site. | 1564 |
(3) Surface coal mining operations on lands eligible for | 1571 |
remining shall not affect the eligibility of those lands for | 1572 |
reclamation and restoration under this section after the release | 1573 |
of the bond, performance security, or other form of financial | 1574 |
guarantee for any such operation as provided under division (F) of | 1575 |
section 1513.16 of the Revised Code. If the bond, performance | 1576 |
security, or other form of financial guarantee for a surface coal | 1577 |
mining operation on lands eligible for remining is forfeited, | 1578 |
moneys available under this section may be used if the amount of | 1579 |
the bond, performance security, or other form of financial | 1580 |
guarantee is not sufficient to provide for adequate reclamation or | 1581 |
abatement, except that if conditions warrant, the chief | 1582 |
immediately shall exercise the authority granted under division | 1583 |
(L) of this section. | 1584 |
(F)(1) If the chief makes a finding of fact that land or | 1713 |
water resources have been adversely affected by past coal mining | 1714 |
practices; the adverse effects are at a stage where, in the public | 1715 |
interest, action to restore, reclaim, abate, control, or prevent | 1716 |
the adverse effects should be taken; the owners of the land or | 1717 |
water resources where entry must be made to restore, reclaim, | 1718 |
abate, control, or prevent the adverse effects of past coal mining | 1719 |
practices are not known or are not readily available; or the | 1720 |
owners will not give permission for the state, political | 1721 |
subdivisions, or their agents, employees, or contractors to enter | 1722 |
upon the property to restore, reclaim, abate, control, or prevent | 1723 |
the adverse effects of past coal mining practices; then, upon | 1724 |
giving notice by mail to the owners, if known, or, if not known, | 1725 |
by posting notice upon the premises and advertising once in a | 1726 |
newspaper of general circulation in the municipal corporation or | 1727 |
county in which the land lies, the chief or the chief's agents, | 1728 |
employees, or contractors may enter upon the property adversely | 1729 |
affected by past coal mining practices and any other property to | 1730 |
have access to the property to do all things necessary or | 1731 |
expedient to restore, reclaim, abate, control, or prevent the | 1732 |
adverse effects. The entry shall be construed as an exercise of | 1733 |
the police power for the protection of the public health, safety, | 1734 |
and general welfare and shall not be construed as an act of | 1735 |
condemnation of property nor of trespass on it. The moneys | 1736 |
expended for the work and the benefits accruing to any such | 1737 |
premises so entered upon shall be chargeable against the land and | 1738 |
shall mitigate or offset any claim in or any action brought by any | 1739 |
owner of any interest in the premises for any alleged damages by | 1740 |
virtue of the entry, but this provision is not intended to create | 1741 |
new rights of action or eliminate existing immunities. | 1742 |
(2) The chief or the chief's authorized representatives may | 1743 |
enter upon any property for the purpose of conducting studies or | 1744 |
exploratory work to determine the existence of adverse effects of | 1745 |
past coal mining practices and to determine the feasibility of | 1746 |
restoration, reclamation, abatement, control, or prevention of | 1747 |
such adverse effects. The entry shall be construed as an exercise | 1748 |
of the police power for the protection of the public health, | 1749 |
safety, and general welfare and shall not be construed as an act | 1750 |
of condemnation of property nor trespass on it. | 1751 |
(b) The chief, when requested, and after appropriate public | 1784 |
notice, shall hold a public meeting in the county, counties, or | 1785 |
other appropriate political subdivisions of the state in which | 1786 |
lands acquired pursuant to this section are located. The meetings | 1787 |
shall be held at a time that shall afford local citizens and | 1788 |
governments the maximum opportunity to participate in the decision | 1789 |
concerning the use or disposition of the lands after restoration, | 1790 |
reclamation, abatement, control, or prevention of the adverse | 1791 |
effects of past coal mining practices. | 1792 |
(6) In addition to the authority to acquire land under | 1793 |
division (F)(3) of this section, the chief may use money in the | 1794 |
fund to acquire land by purchase, donation, or condemnation, and | 1795 |
to reclaim and transfer acquired land to a political subdivision, | 1796 |
or to any person, if the chief determines that it is an integral | 1797 |
and necessary element of an economically feasible plan for the | 1798 |
construction or rehabilitation of housing for persons disabled as | 1799 |
the result of employment in the mines or work incidental to that | 1800 |
employment, persons displaced by acquisition of land pursuant to | 1801 |
this section, persons dislocated as the result of adverse effects | 1802 |
of coal mining practices that constitute an emergency as provided | 1803 |
in the "Surface Mining Control and Reclamation Act of 1977," 91 | 1804 |
Stat. 466, 30 U.S.C.A. 1240, or amendments to it, or persons | 1805 |
dislocated as the result of natural disasters or catastrophic | 1806 |
failures from any cause. Such activities shall be accomplished | 1807 |
under such terms and conditions as the chief requires, which may | 1808 |
include transfers of land with or without monetary consideration, | 1809 |
except that to the extent that the consideration is below the fair | 1810 |
market value of the land transferred, no portion of the difference | 1811 |
between the fair market value and the consideration shall accrue | 1812 |
as a profit to those persons. No part of the funds provided under | 1813 |
this section may be used to pay the actual construction costs of | 1814 |
housing. The chief may carry out the purposes of division (F)(6) | 1815 |
of this section directly or by making grants and commitments for | 1816 |
grants and may advance money under such terms and conditions as | 1817 |
the chief may require to any agency or instrumentality of the | 1818 |
state or any public body or nonprofit organization designated by | 1819 |
the chief. | 1820 |
(G)(1) Within six months after the completion of projects to | 1821 |
restore, reclaim, abate, control, or prevent adverse effects of | 1822 |
past coal mining practices on privately owned land, the chief | 1823 |
shall itemize the moneys so expended and may file a statement of | 1824 |
the expenditures in the office of the county recorder of the | 1825 |
county in which the land lies, together with a notarized appraisal | 1826 |
by an independent appraiser of the value of the land before the | 1827 |
restoration, reclamation, abatement, control, or prevention of | 1828 |
adverse effects of past coal mining practices if the moneys so | 1829 |
expended result in a significant increase in property value. The | 1830 |
statement shall constitute a lien upon the land as of the date of | 1831 |
the expenditures of the moneys and shall have priority as a lien | 1832 |
second only to the lien of real property taxes imposed upon the | 1833 |
land. The lien shall not exceed the amount determined by the | 1834 |
appraisal to be the increase in the fair market value of the land | 1835 |
as a result of the restoration, reclamation, abatement, control, | 1836 |
or prevention of the adverse effects of past coal mining | 1837 |
practices. No lien shall be filed under division (G) of this | 1838 |
section against the property of any person who owned the surface | 1839 |
prior to May 2, 1977, and did not consent to, participate in, or | 1840 |
exercise control over the mining operation that necessitated the | 1841 |
reclamation performed. | 1842 |
(2) The landowner may petition, within sixty days after the | 1843 |
filing of the lien, to determine the increase in the fair market | 1844 |
value of the land as a result of the restoration, reclamation, | 1845 |
abatement, control, or prevention of the adverse effects of past | 1846 |
coal mining practices. The amount reported to be the increase in | 1847 |
value of the premises shall constitute the amount of the lien and | 1848 |
shall be recorded with the statement provided in this section. Any | 1849 |
party aggrieved by the decision may appeal as provided by state | 1850 |
law. | 1851 |
(3) The lien provided in division (G) of this section shall | 1852 |
be recorded and indexed, under the name of the state and the | 1853 |
landowner, in a lien indexthe official records in the office of | 1854 |
the county recorder of the county in which the land lies. The | 1855 |
county recorder shall impose no charge for the recording or | 1856 |
indexing of the lien. If the land is registered, the county | 1857 |
recorder shall make a notation and enter a memorial of the lien | 1858 |
upon the page of the register in which the last certificate of | 1859 |
title to the land is registered, stating the name of the claimant, | 1860 |
amount claimed, volume and page of the record where recorded, and | 1861 |
exact time the memorial was entered. | 1862 |
(4) The chief may construct or operate a plant or plants for | 1910 |
the control and treatment of water pollution resulting from mine | 1911 |
drainage. The extent of this control and treatment may be | 1912 |
dependent upon the ultimate use of the water. Division (J)(4) of | 1913 |
this section does not repeal or supersede any portion of the | 1914 |
"Federal Water Pollution Control Act," 70 Stat. 498 (1965), 33 | 1915 |
U.S.C.A. 1151, as amended, and no control or treatment under | 1916 |
division (J)(4) of this section, in any way, shall be less than | 1917 |
that required by that act. The construction of a plant or plants | 1918 |
may include major interceptors and other facilities appurtenant to | 1919 |
the plant. | 1920 |
(L)(1) The chief may contract for the emergency restoration, | 1938 |
reclamation, abatement, control, or prevention of adverse effects | 1939 |
of mining practices on eligible lands if the chief determines that | 1940 |
an emergency exists constituting a danger to the public health, | 1941 |
safety, or welfare and that no other person or agency will act | 1942 |
expeditiously to restore, reclaim, abate, control, or prevent | 1943 |
those adverse effects. The chief may enter into a contract for | 1944 |
emergency work under division (L) of this section without | 1945 |
advertising for bids. Any such contract or any purchase of | 1946 |
materials for emergency work under division (L) of this section is | 1947 |
not subject to division (B) of section 127.16 of the Revised Code. | 1948 |
(2) The chief or the chief's agents, employees, or | 1949 |
contractors may enter on any land where such an emergency exists, | 1950 |
and on other land in order to have access to that land, in order | 1951 |
to restore, reclaim, abate, control, or prevent the adverse | 1952 |
effects of mining practices and to do all things necessary or | 1953 |
expedient to protect the public health, safety, or welfare. Such | 1954 |
an entry shall be construed as an exercise of the police power and | 1955 |
shall not be construed as an act of condemnation of property or of | 1956 |
trespass. The moneys expended for the work and the benefits | 1957 |
accruing to any premises so entered upon shall be chargeable | 1958 |
against the land and shall mitigate or offset any claim in or any | 1959 |
action brought by any owner of any interest in the premises for | 1960 |
any alleged damages by virtue of the entry. This provision is not | 1961 |
intended to create new rights of action or eliminate existing | 1962 |
immunities. | 1963 |
Sec. 1701.73. (A)(1) Upon the adoption of any amendment or | 1964 |
amended articles, a certificate containing a copy of the | 1965 |
resolution adopting the amendment or amended articles, a statement | 1966 |
of the manner of its adoption, and, in the case of adoption of the | 1967 |
resolution by the incorporators or directors, a statement of the | 1968 |
basis for such adoption, shall be filed with the secretary of | 1969 |
state, and thereupon the articles shall be amended accordingly, | 1970 |
any change of shares provided for in the amendment or amended | 1971 |
articles shall become effective, and the amended articles shall | 1972 |
supersede the existing articles. | 1973 |
(2) Except as provided in division (A)(3) of this section, | 1974 |
when an amendment or amended articles are adopted by the directors | 1975 |
pursuant to section 1701.70 of the Revised Code, the corporation | 1976 |
shall send notice of the amendment or amended articles, and a copy | 1977 |
or summary of the amendment or amended articles, by mail, | 1978 |
overnight delivery service, or any other means of communication | 1979 |
authorized by the shareholder to whom the notice and copy or | 1980 |
summary are sent, to each shareholder of the corporation of record | 1981 |
as of the date on which the directors approved the amendment or | 1982 |
amended articles. The notice shall be sent to the shareholders | 1983 |
within twenty days after the filing of the certificate required by | 1984 |
division (A)(1) of this section. | 1985 |
(3) Any corporation that files periodic reports with the | 1986 |
United States securities and exchange commission pursuant to | 1987 |
section 13 of the "Securities Exchange Act of 1934," 48 Stat. 881, | 1988 |
15 U.S.C. 78m, as amended, or section 15(d) of the "Securities | 1989 |
Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78o(d), as amended, | 1990 |
may satisfy the notice to shareholders of record requirement of | 1991 |
division (A)(2) of this section by including a copy or summary of | 1992 |
the amendment or amended articles in a report filed in accordance | 1993 |
with those provisions within twenty days after the filing of the | 1994 |
certificate required by division (A)(1) of this section. | 1995 |
Sec. 1701.81. (A) Upon adoption by each constituent entity | 2011 |
of an agreement of merger or consolidation pursuant to section | 2012 |
1701.78, 1701.781, 1701.79, 1701.791, 1701.80, 1701.801, or | 2013 |
1701.802 of the Revised Code, a certificate of merger or | 2014 |
consolidation shall be filed with the secretary of state that is | 2015 |
signed by any authorized representative of each constituent | 2016 |
corporation, partnership, or other entity. The certificate shall | 2017 |
be on a form prescribed by the secretary of state and shall set | 2018 |
forth only the information required by this section. | 2019 |
(5) If a foreign or domestic corporation licensed to transact | 2070 |
business in this state is a constituent entity and the surviving | 2071 |
or new entity resulting from the merger or consolidation is not a | 2072 |
foreign or domestic corporation that is to be licensed to transact | 2073 |
business in this state, the certificate of merger or consolidation | 2074 |
shall be accompanied by the affidavits, receipts, certificates, or | 2075 |
other evidence required by division (H) of section 1701.86 of the | 2076 |
Revised Code, with respect to each domestic constituent | 2077 |
corporation, and by the affidavits, receipts, certificates, or | 2078 |
other evidence required by division (C) or (D) of section 1703.17 | 2079 |
of the Revised Code, with respect to each foreign constituent | 2080 |
corporation licensed to transact business in this state. | 2081 |
(E) The secretary of state shall furnish, upon request and | 2093 |
payment of the fee specified in division (D) of section 111.16 of | 2094 |
the Revised Code, the secretary of state's certificate setting | 2095 |
forth the name and the form of entity of each constituent entity | 2096 |
and the states under the laws of which each constituent entity | 2097 |
existed prior to the merger or consolidation, the name and the | 2098 |
form of entity of the surviving or new entity and the state under | 2099 |
the laws of which the surviving entity exists or the new entity is | 2100 |
to exist, the date of filing of the certificate of merger or | 2101 |
consolidation with the secretary of state, and the effective date | 2102 |
of the merger or consolidation. The certificate of the secretary | 2103 |
of state, or a copy of the certificate of merger or consolidation | 2104 |
certified by the secretary of state, may be filed for record in | 2105 |
the office of the recorder of any county in this state and, if | 2106 |
filed, shall be recorded in the official records of deeds for that | 2107 |
county. For that recording, the county recorder shall charge and | 2108 |
collect the same fee as in the case of deeds. | 2109 |
(4) If a foreign or domestic corporation licensed to transact | 2155 |
business in this state is the converting entity, the certificate | 2156 |
of conversion shall be accompanied by the affidavits, receipts, | 2157 |
certificates, or other evidence required by division (H) of | 2158 |
section 1701.86 of the Revised Code with respect to a converting | 2159 |
domestic corporation, or by the affidavits, receipts, | 2160 |
certificates, or other evidence required by division (C) or (D) of | 2161 |
section 1703.17 of the Revised Code with respect to a foreign | 2162 |
corporation. | 2163 |
(C)(1) The voting members present in person, by use of | 2212 |
authorized communications equipment, by mail, or, if permitted, by | 2213 |
proxy at a meeting held for that purpose, may adopt an amendment | 2214 |
by the affirmative vote of a majority of the voting members | 2215 |
present if a quorum is present or, if the articles or the | 2216 |
regulations provide or permit, by the affirmative vote of a | 2217 |
greater or lesser proportion or number of the voting members, and | 2218 |
by the affirmative vote of the voting members of any particular | 2219 |
class that is required by the articles or the regulations. | 2220 |
(G) Upon the adoption of any amendment or amended articles, a | 2240 |
certificate containing a copy of the resolution adopting the | 2241 |
amendment or amended articles, a statement of the manner of its | 2242 |
adoption, and, in the case of adoption of the resolution by the | 2243 |
directors, a statement of the basis for such adoption, shall be | 2244 |
filed with the secretary of state, and upon that filing the | 2245 |
articles shall be amended accordingly, and the amended articles | 2246 |
shall supersede the existing articles. The certificate shall be | 2247 |
signed by any authorized officer of the corporation. | 2248 |
(4) If the surviving or new entity is a foreign entity that | 2308 |
desires to transact business in this state as a foreign | 2309 |
corporation, limited liability company, limited partnership, or | 2310 |
unincorporated association, the certificate of merger or | 2311 |
consolidation shall be accompanied by the information required by | 2312 |
division (A)(3)(h), (i), (j), or (k) of section 1702.411 of the | 2313 |
Revised Code, whichever is applicable. | 2314 |
(5) If a domestic or foreign corporation licensed to transact | 2315 |
business in this state is a constituent entity and the surviving | 2316 |
or new entity resulting from the merger or consolidation is not a | 2317 |
domestic or foreign corporation that is to be licensed to transact | 2318 |
business in this state, the certificate of merger or consolidation | 2319 |
shall be accompanied by the affidavits, receipts, certificates, or | 2320 |
other evidence required by division (G) of section 1702.47 of the | 2321 |
Revised Code, with respect to each domestic corporation, and by | 2322 |
the affidavits, receipts, certificates, or other evidence required | 2323 |
by division (C) or (D) of section 1703.17 of the Revised Code, | 2324 |
with respect to each foreign constituent corporation licensed to | 2325 |
transact business in this state. | 2326 |
(D) The secretary of state shall furnish, upon request and | 2339 |
payment of the fee specified in division (D) of section 111.16 of | 2340 |
the Revised Code, a certificate setting forth the name and form of | 2341 |
each constituent entity and the state under whose laws each | 2342 |
constituent entity existed prior to the merger or consolidation, | 2343 |
the name and form of the surviving or new entity and the state | 2344 |
under whose laws the surviving entity exists or the new entity is | 2345 |
to exist, the date of filing of the certificate of merger or | 2346 |
consolidation with the secretary of state, and the effective date | 2347 |
of the merger or consolidation. The certificate of the secretary | 2348 |
of state or a copy of the merger or consolidation certified by the | 2349 |
secretary of state may be filed for record in the office of the | 2350 |
county recorder of any county in this state and, if filed, shall | 2351 |
be recorded in the official records of deeds for that county. For | 2352 |
that recording, the county recorder shall charge and collect the | 2353 |
same fee as in the case of deeds. | 2354 |
(4) If a foreign or domestic corporation licensed to transact | 2398 |
business in this state is the converting entity, the certificate | 2399 |
of conversion shall be accompanied by the affidavits, receipts, | 2400 |
certificates, or other evidence required by division (G) of | 2401 |
section 1702.47 of the Revised Code, with respect to a converting | 2402 |
domestic corporation, or by the affidavits, receipts, | 2403 |
certificates, or other evidence required by division (C) or (D) of | 2404 |
section 1703.17 of the Revised Code with respect to a foreign | 2405 |
corporation. | 2406 |
Sec. 1705.38. (A) Upon the adoption by each constituent | 2438 |
entity of an agreement of merger or consolidation pursuant to | 2439 |
section 1705.36 or 1705.37 of the Revised Code, a certificate of | 2440 |
merger or consolidation shall be filed with the secretary of state | 2441 |
that is signed by a manager of each constituent limited liability | 2442 |
company in which the management is not reserved to its members, by | 2443 |
at least one member of each other constituent limited liability | 2444 |
company, by at least one general partner of each constituent | 2445 |
partnership, and by an authorized representative of each other | 2446 |
constituent entity. The certificate shall be on a form prescribed | 2447 |
by the secretary of state and shall set forth only the information | 2448 |
required by this section. | 2449 |
(5) If a foreign or domestic corporation licensed to transact | 2501 |
business in this state is a constituent entity and the surviving | 2502 |
or new entity resulting from the merger or consolidation is not a | 2503 |
foreign or domestic corporation that is to be licensed to transact | 2504 |
business in this state, the certificate of merger or consolidation | 2505 |
shall be accompanied by the affidavits, receipts, certificates, or | 2506 |
other evidence required by division (H) of section 1701.86 of the | 2507 |
Revised Code, with respect to each domestic constituent | 2508 |
corporation, and by the affidavits, receipts, certificates, or | 2509 |
other evidence required by division (C) or (D) of section 1703.17 | 2510 |
of the Revised Code, with respect to each foreign constituent | 2511 |
corporation licensed to transact business in this state. | 2512 |
(4) If a foreign or domestic corporation licensed to transact | 2589 |
business in this state is the converting entity, the certificate | 2590 |
of conversion shall be accompanied by the affidavits, receipts, | 2591 |
certificates, or other evidence required by division (H) of | 2592 |
section 1701.86 of the Revised Code with respect to a converting | 2593 |
domestic corporation or by the affidavits, receipts, certificates, | 2594 |
or other evidence required by division (C) or (D) of section | 2595 |
1703.17 of the Revised Code with respect to a foreign corporation. | 2596 |
Sec. 1776.70. (A) Upon the adoption by each constituent | 2677 |
entity of an agreement of merger or consolidation pursuant to | 2678 |
section 1776.68 or 1776.69 of the Revised Code, the resulting | 2679 |
entity shall file a certificate of merger or consolidation with | 2680 |
the secretary of state, unless the only constituent entities that | 2681 |
are domestic entities are partnerships, and in the case of a | 2682 |
consolidation, the resulting entity is a domestic partnership, in | 2683 |
which case the filing of a certificate of merger or consolidation | 2684 |
is optional. Any certificate shall be on a form the secretary of | 2685 |
state prescribes, signed by an authorized representative of each | 2686 |
constituent entity, and set forth only the information this | 2687 |
section requires. | 2688 |
(5) If a domestic corporation or a foreign corporation | 2744 |
licensed to transact business in this state is a constituent | 2745 |
entity and the surviving or new entity resulting from the merger | 2746 |
or consolidation is not a domestic corporation or a foreign | 2747 |
corporation that is to be licensed to transact business in this | 2748 |
state, the certificate of merger or consolidation shall be | 2749 |
accompanied by the affidavits, receipts, certificates, or other | 2750 |
evidence required by division (H) of section 1701.86 of the | 2751 |
Revised Code, with respect to each domestic constituent | 2752 |
corporation, and by the affidavits, receipts, certificates, or | 2753 |
other evidence required by division (C) or (D) of section 1703.17 | 2754 |
of the Revised Code, with respect to each foreign constituent | 2755 |
corporation licensed to transact business in this state. | 2756 |
(E)(1) Upon request and payment of the fee division (K)(2) of | 2777 |
section 111.16 of the Revised Code specifies, the secretary of | 2778 |
state shall furnish a certificate setting forth the name and form | 2779 |
of entity of each constituent entity and the states under the laws | 2780 |
of which each constituent entity existed prior to the merger or | 2781 |
consolidation, the name and the form of entity of the surviving or | 2782 |
new entity and the state under the laws of which the surviving | 2783 |
entity exists or the new entity is to exist, the date of filing of | 2784 |
the certificate of merger or consolidation with the secretary of | 2785 |
state, and the effective date of the merger or consolidation. | 2786 |
(4) If a domestic corporation or a foreign corporation | 2840 |
licensed to transact business in this state is the converting | 2841 |
entity, the certificate of conversion shall be accompanied by the | 2842 |
affidavits, receipts, certificates, or other evidence required by | 2843 |
division (H) of section 1701.86 of the Revised Code with respect | 2844 |
to a converting domestic corporation, or by the affidavits, | 2845 |
receipts, certificates, or other evidence required by division (C) | 2846 |
or (D) of section 1703.17 of the Revised Code with respect to a | 2847 |
foreign corporation. | 2848 |
(5) If a foreign or domestic corporation licensed to transact | 2940 |
business in this state is a constituent entity and the surviving | 2941 |
or new entity resulting from the merger or consolidation is not a | 2942 |
foreign or domestic corporation that is to be licensed to transact | 2943 |
business in this state, the certificate of merger or consolidation | 2944 |
shall be accompanied by the affidavits, receipts, certificates, or | 2945 |
other evidence required by division (H) of section 1701.86 of the | 2946 |
Revised Code, with respect to each domestic constituent | 2947 |
corporation, and by the affidavits, receipts, certificates, or | 2948 |
other evidence required by division (C) or (D) of section 1703.17 | 2949 |
of the Revised Code, with respect to each foreign constituent | 2950 |
corporation licensed to transact business in this state. | 2951 |
(E) The secretary of state shall furnish, upon request and | 2964 |
payment of the fee specified in division (K)(2) of section 111.16 | 2965 |
of the Revised Code, the secretary of state's certificate setting | 2966 |
forth: the name and form of entity of each constituent entity and | 2967 |
the states under the laws of which each constituent entity existed | 2968 |
prior to the merger or consolidation; the name and the form of | 2969 |
entity of the surviving or new entity and the state under the laws | 2970 |
of which the surviving entity exists or the new entity is to | 2971 |
exist; the date of filing of the certificate of merger or | 2972 |
consolidation with the secretary of state; and the effective date | 2973 |
of the merger or consolidation. The certificate of the secretary | 2974 |
of state, or a copy of the certificate of merger or consolidation | 2975 |
certified by the secretary of state, may be filed for record in | 2976 |
the office of the county recorder of any county in this state and, | 2977 |
if filed, shall be recorded in the official records of deeds for | 2978 |
that county. For that recording, the county recorder shall charge | 2979 |
and collect the same fee as in the case of deeds. | 2980 |
(4) If a foreign or domestic corporation licensed to transact | 3026 |
business in this state is the converting entity, the certificate | 3027 |
of conversion shall be accompanied by the affidavits, receipts, | 3028 |
certificates, or other evidence required by division (H) of | 3029 |
section 1701.86 of the Revised Code with respect to a converting | 3030 |
domestic corporation, or by the affidavits, receipts, | 3031 |
certificates, or other evidence required by division (C) or (D) of | 3032 |
section 1703.17 of the Revised Code with respect to a foreign | 3033 |
corporation. | 3034 |
Sec. 2505.13. If a supersedeas bond has been executed and | 3073 |
filed and the surety is one other than a surety company, the clerk | 3074 |
of the court with which the bond has been filed, upon request, | 3075 |
shall issue a certificate that sets forth the fact that the bond | 3076 |
has been filed and that states the style and number of the appeal, | 3077 |
the amount of the bond, and the sureties on it. Such a certificate | 3078 |
may be filed in the office of the county recorder of any county in | 3079 |
which the sureties may own land, and, when filed, the bond shall | 3080 |
be a lien upon the land of the sureties in such county. The lien | 3081 |
shall be extinguished upon the satisfaction, reversal, or vacation | 3082 |
of the final order, judgment, or decree involved, or by an order | 3083 |
of the court that entered the final order, judgment, or decree, | 3084 |
that releases the lien or releases certain land from the operation | 3085 |
of the lien. | 3086 |
The clerk, upon request, shall issue a notice of discharge of | 3087 |
such a lien, which mayshall be filed in the office of any county | 3088 |
recorder in whose office the certificate of lien was filed. Such | 3089 |
notice shall state that the final order, judgment, or decree | 3090 |
involved is satisfied, reversed, or vacated, or that an order has | 3091 |
been entered that releases the lien or certain land from the | 3092 |
operation of the lien. SuchThe county recorder shall properly | 3093 |
keep and file suchrecord the certificates and notices as are | 3094 |
filed with the recorderin the official records provided for in | 3095 |
section 317.08 of the Revised Code and shall index them in the | 3096 |
book or recordindexes provided for in section 2937.27317.18 of | 3097 |
the Revised Code. | 3098 |
Sec. 2937.27. The county recorder of the county in which the | 3106 |
property of a surety on a recognizance is located, shall keep and | 3107 |
file in the official records all notices of lien and notices of | 3108 |
discharge whichthat are filed with himthe county recorder | 3109 |
pursuant to section 2937.26 of the Revised Code, and shall keep in | 3110 |
addition thereto, a book or record in which he shall index notice | 3111 |
of liens and notice of discharges, as they are filed with him. | 3112 |
When a lien has been released or discharged for a period of one | 3113 |
year, the county recorder may destroy all notices of such lien. | 3114 |
The county recorder may use any nonpaper electronic or magnetic | 3115 |
medium specified in section 9.01 of the Revised Code to record the | 3116 |
notices of lien and the notices of discharge. If the county | 3117 |
recorder wishes to dispose of paper versions of the notices | 3118 |
because they are no longer needed in that format, the county | 3119 |
recorder shall request the county records commission to revise the | 3120 |
county's schedule of records retention and disposal in accordance | 3121 |
with section 149.38 of the Revised Code to provide for the | 3122 |
disposal of those paper records. | 3123 |
Sec. 3929.18. Any building insured by a mutual company must | 3124 |
be pledged to such company, together with the right and title of | 3125 |
the insured in the land upon which it is situated, to the amount | 3126 |
of the premium note or contingent liability, and the company shall | 3127 |
have a lien on such building and land to the amount of such note | 3128 |
or liability. Such lien shall not take effect until the company | 3129 |
files, with the county recorder of the county in which the | 3130 |
property insured is located, a certificate stating the date, | 3131 |
number, and amount of the premium note or contingent liability, | 3132 |
and such a description of the property insured as will enable a | 3133 |
person readily to identify it. The lien is valid for a period of | 3134 |
five years from the date of filing, unless sooner released or | 3135 |
satisfied in the same manner provided by law for the release and | 3136 |
satisfaction of mortgages on real property or discharged by the | 3137 |
final judgment or order of a court of competent jurisdiction. | 3138 |
A lien may be extended by the filing of an extension | 3139 |
certificate that references the original certificate and any | 3140 |
previous extension certificates prior to the expiration date of | 3141 |
the original certificate or then current extension certificate, in | 3142 |
which case the lien is valid for a period of five years from the | 3143 |
date of the filing of the extension certificate unless sooner | 3144 |
released or satisfied in the manner provided in this section. Any | 3145 |
lien filed under this section prior to the effective date of this | 3146 |
amendmentJuly 14, 2004, shall be valid for a period of five years | 3147 |
after the effective date of this amendmentJuly 14, 2004, unless | 3148 |
sooner released or satisfied in the manner provided in this | 3149 |
section, and may be extended by the filing of an extension | 3150 |
certificate prior to the expiration of the five-year period. | 3151 |
Sec. 4123.76. When an application for compensation or | 3157 |
benefits or an application for further compensation or benefits is | 3158 |
filed with the industrial commission or the bureau of workers' | 3159 |
compensation under section 4123.75 of the Revised Code against an | 3160 |
employer who has not complied with section 4123.35 of the Revised | 3161 |
Code, the bureau shall make and file for record in the office of | 3162 |
the county recorder in the counties where the employer's property | 3163 |
is located, an affidavit showing the date on which the application | 3164 |
was filed with the commission or the bureau, the name and address | 3165 |
of the employer against whom it was filed, and the fact that the | 3166 |
employer had not complied with section 4123.35 of the Revised | 3167 |
Code. The county recorder shall accept and file the affidavit and | 3168 |
record and index the sameaffidavit as a mortgage on real estate | 3169 |
and shall file the same as a chattel mortgage and the recorder | 3170 |
shall index the same as a mortgage on real estate and as a chattel | 3171 |
mortgage. A copy of the application or other bureau record | 3172 |
documenting the claim shall be filed with the affidavit. A copy of | 3173 |
the affidavit shall be served upon the employer by the bureau. The | 3174 |
affidavit constitutes a valid lien from the time of filing, in | 3175 |
favor of the bureau, upon the real property and tangible personal | 3176 |
property of the employer located within the county. The | 3177 |
administrator of workers' compensation shall have the lien | 3178 |
canceled of record after the employer has paid to the claimant or | 3179 |
to the bureau the amount of the compensation or benefits which has | 3180 |
been ordered paid to the claimant, or when the application has | 3181 |
finally been denied after the claimant has exhausted the remedies | 3182 |
provided by law in such cases, or when the employer has filed a | 3183 |
bond in the amount and with surety as the administrator approves | 3184 |
conditioned on the payment of all sums ordered paid to the | 3185 |
claimant. The recorder shall make no charge for the services | 3186 |
provided by this section to be performed by the recorder. | 3187 |
Sec. 4123.78. If any employer fails to comply with section | 3188 |
4123.35 of the Revised Code in accordance with the rules of the | 3189 |
administrator of workers' compensation, the administrator shall | 3190 |
file with the county recorder of any counties in which the | 3191 |
employer's property is located, its certificate of the amount of | 3192 |
premium due from the employer, and that amount shall be a lien | 3193 |
from the date of filing against the real property and personal | 3194 |
property of the employer within the county in which the | 3195 |
certificate is filed. The county recorder shall accept and file | 3196 |
the certificate and record and index the samecertificate as a | 3197 |
mortgage on real estate and shall file the same as a chattel | 3198 |
mortgage and he shall index the same as mortgage on real estate | 3199 |
and as a chattel mortgage. The county recorder shall make no | 3200 |
charge for the services provided by this section to be performed | 3201 |
by himthe county recorder. | 3202 |
(D) Any contribution, interest, forfeiture, or fine required | 3246 |
to be paid under this chapter by any employer shall, if not paid | 3247 |
when due, become a lien upon the real and personal property of | 3248 |
such employer. Upon failure of such employer to pay the | 3249 |
contributions, interest, forfeiture, or fine required to be paid | 3250 |
under this chapter, the director shall file notice of such lien, | 3251 |
for which there shall be no charge, in the office of the county | 3252 |
recorder of the county in which it is ascertained that such | 3253 |
employer owns real estate or personal property. The director shall | 3254 |
notify the employer by mail of the lien. The absence of proof that | 3255 |
the notice was sent does not affect the validity of the lien. Such | 3256 |
lien shall not be valid as against the claim of any mortgagee, | 3257 |
pledgee, purchaser, judgment creditor, or other lienholder of | 3258 |
record at the time such notice is filed. | 3259 |
If the employer acquires real or personal property after | 3260 |
notice of lien is filed, such lien shall not be valid as against | 3261 |
the claim of any mortgagee, pledgee, subsequent bona fide | 3262 |
purchaser for value, judgment creditor, or other lienholder of | 3263 |
record to such after-acquired property, unless the notice of lien | 3264 |
is refiled after such property was acquired by the employer and | 3265 |
before the competing lien attached to such after-acquired property | 3266 |
or before the conveyance to such subsequent bona fide purchaser | 3267 |
for value. | 3268 |
Such a notice shall be recorded in a book kept by the | 3269 |
recorder called the "unemployment compensation lien record" and | 3270 |
indexed therein in an alphabetical indexthe county recorder's | 3271 |
official records and indexed in the direct and reverse indexes | 3272 |
under the name of suchthe employer. When such unpaid | 3273 |
contributions, interest, forfeiture, or fines have been paid, the | 3274 |
employer may record with the county recorder of the county in | 3275 |
which such notice of lien has been filed and recorded, notice of | 3276 |
such payment, and the notice of payment shall be recorded in the | 3277 |
county recorder's official records and indexed in the direct and | 3278 |
reverse indexes. For recording the notice of payment, the county | 3279 |
recorder shall charge and receive from the employer a base fee of | 3280 |
two dollars for services and a housing trust fund fee of two | 3281 |
dollars pursuant to section 317.36 of the Revised Code. | 3282 |
(F) Assessment of contributions shall not be made after four | 3288 |
years from the date on which such contributions became payable, | 3289 |
and no action in court for the collection of contributions without | 3290 |
assessment of such contributions shall be begun after the | 3291 |
expiration of five years from the date such contributions became | 3292 |
payable. In case of a false or fraudulent report or of a willful | 3293 |
attempt in any manner to evade contributions, such contributions | 3294 |
may be assessed or a proceeding in court for the collection of | 3295 |
such contributions may be begun without assessment at any time. | 3296 |
When the assessment of contributions has been made within such | 3297 |
four-year period provided, action in court to collect such | 3298 |
contributions may be begun within, but not later than, six years | 3299 |
after such assessment. | 3300 |
(G) In the event of a distribution of an employer's assets, | 3301 |
pursuant to an order of any court under the law of this state, | 3302 |
including any receivership, assignment for benefit of creditors, | 3303 |
adjudicated insolvency, or similar proceedings, contributions, | 3304 |
interest, forfeiture, or fine then or thereafter due have the same | 3305 |
priority as provided by law for the payment of taxes due the state | 3306 |
and shall be paid out of the trust fund in the same manner as | 3307 |
provided for other claims for unpaid taxes due the state. | 3308 |
Sec. 4961.39. When the grant of a right of way or easement | 3315 |
is not in the form of a lawfully executed deed or lease, the | 3316 |
county recorder of the county where the land is situated, upon the | 3317 |
request of the company owning the right of way or easement, shall | 3318 |
record such grant in the record book of leases,official records | 3319 |
and index it. Such record, or a copy thereof certified by the | 3320 |
county recorder, shall be received in evidence in all courts and | 3321 |
places in the same manner and to the same effect as the original. | 3322 |
The correctness of such record or copy may be impeached by any | 3323 |
interested party by competent proof. The county recorder is | 3324 |
entitled to the usual fee for recording such grants and certifying | 3325 |
copies thereof. | 3326 |
Sec. 5301.01. (A) A deed, mortgage, land contract as referred | 3327 |
to in division (A)(2)(b)(21) of section 317.08 of the Revised | 3328 |
Code, or lease of any interest in real property and a memorandum | 3329 |
of trust as described in division (A) of section 5301.255 of the | 3330 |
Revised Code shall be signed by the grantor, mortgagor, vendor, or | 3331 |
lessor in the case of a deed, mortgage, land contract, or lease or | 3332 |
shall be signed by the trustee in the case of a memorandum of | 3333 |
trust. The signing shall be acknowledged by the grantor, | 3334 |
mortgagor, vendor, or lessor, or by the trustee, before a judge or | 3335 |
clerk of a court of record in this state, or a county auditor, | 3336 |
county engineer, notary public, or mayor, who shall certify the | 3337 |
acknowledgement and subscribe the official's name to the | 3338 |
certificate of the acknowledgement. | 3339 |
(B)(1) If a deed, mortgage, land contract as referred to in | 3340 |
division (A)(2)(b)(21) of section 317.08 of the Revised Code, | 3341 |
lease of any interest in real property, or a memorandum of trust | 3342 |
as described in division (A) of section 5301.255 of the Revised | 3343 |
Code was executed prior to February 1, 2002, and was not | 3344 |
acknowledged in the presence of, or was not attested by, two | 3345 |
witnesses as required by this section prior to that date, both of | 3346 |
the following apply: | 3347 |
Sec. 5301.14. When a title deed, recorded by the auditor of | 3363 |
state as required by section 5301.13 of the Revised Code, or | 3364 |
recorded in the office of the secretary of state, the record of | 3365 |
which is required to be kept in the office of the auditor of | 3366 |
state, has been lost or destroyed by accident, without having been | 3367 |
recorded in the county recorder's office, on demand and tender of | 3368 |
the fees therefor, the auditor of state mustshall furnish to any | 3369 |
person a copy of such deed certified under histhe auditor of | 3370 |
state's official seal, which copy shall be received everywhere in | 3371 |
this state as prima-facie evidence of the existence of the deed, | 3372 |
and in all respects shall have the effect of certified copies from | 3373 |
the official records of deeds recorded in the county where such | 3374 |
lands are situated. | 3375 |
Sec. 5301.21. When the owners of adjoining tracts of land, | 3376 |
or of lots in a municipal corporation, agree upon the site of a | 3377 |
corner or line common to such tracts or lots, in a written | 3378 |
instrument containing a pertinent description thereof, either with | 3379 |
or without a plat, executed, acknowledged, and recorded as are | 3380 |
deeds, such corner or line thenceforth shall be established as | 3381 |
between the parties to such agreement, and all persons | 3382 |
subsequently deriving title from them. | 3383 |
Sec. 5301.25. (A) All deeds, land contracts referred to in | 3396 |
division (A)(2)(b)(21) of section 317.08 of the Revised Code, and | 3397 |
instruments of writing properly executed for the conveyance or | 3398 |
encumbrance of lands, tenements, or hereditaments, other than as | 3399 |
provided in division (C) of this section and section 5301.23 of | 3400 |
the Revised Code, shall be recorded in the office of the county | 3401 |
recorder of the county in which the premises are situated. Until | 3402 |
so recorded or filed for record, they are fraudulent insofar as | 3403 |
they relate to a subsequent bona fide purchaser having, at the | 3404 |
time of purchase, no knowledge of the existence of that former | 3405 |
deed, land contract, or instrument. | 3406 |
(C) All tax certificates sold pursuant to section 5721.32 or | 3418 |
5721.33 of the Revised Code, or memoranda thereof, may be recorded | 3419 |
in the office of the county recorder of the county in which the | 3420 |
premises are situated, as provided in division (B) of section | 3421 |
5721.35 of the Revised Code; provided, however, that the first and | 3422 |
superior lien of the state and its taxing districts conveyed to | 3423 |
the holder of the tax certificate, as provided in division (A) of | 3424 |
section 5721.35 of the Revised Code, shall in no way be diminished | 3425 |
or adversely affected if the tax certificate evidencing the | 3426 |
conveyance of such first and superior lien, or memorandum thereof, | 3427 |
is not recorded as provided in this section. | 3428 |
Sec. 5301.28. When the mortgagee of property within this | 3465 |
state, or the party to whom the mortgage has been assigned, either | 3466 |
by a separate instrument, or in writing on that mortgage, or on | 3467 |
the margin of the record of the mortgage, which assignment, if in | 3468 |
writing on the mortgage or on the margin of the record of the | 3469 |
mortgage, need not be acknowledged, receives payment of any part | 3470 |
of the money due the holder of the mortgage, and secured by the | 3471 |
mortgage, and enters satisfaction or a receipt for the payment, | 3472 |
either on the mortgage or its record, that satisfaction or | 3473 |
receipt, when entered on the record, or copied on the record from | 3474 |
the original mortgage by the county recorder, will release the | 3475 |
mortgage to the extent of the receipt. In all cases when a | 3476 |
mortgage has been assigned in writing on that mortgage, the | 3477 |
recorder shall copy the assignment from the original mortgage upon | 3478 |
the margin of the record of the mortgage before the satisfaction | 3479 |
or receipt is entered upon the record of the mortgage. | 3480 |
In a county in which the county recorder has determined to | 3481 |
use the microfilm process as provided by section 9.01 of the | 3482 |
Revised Code, the county recorder may require that all | 3483 |
satisfactions of mortgages be made by separate instrument. The | 3484 |
original instrument bearing the proper endorsement may be used as | 3485 |
such a separate instrument. That separate instrument shall be | 3486 |
recorded in the
book provided by section 5301.34 of the Revised | 3487 |
Code for the satisfactions of mortgagescounty recorder's official | 3488 |
records. The county recorder shall charge the fee for the | 3489 |
recording as provided by section 317.32 of the Revised Code for | 3490 |
recording mortgages. | 3491 |
Sec. 5301.32. A mortgage may be assigned or partially | 3492 |
released by a separate instrument of assignment or partial | 3493 |
release, acknowledged as provided by section 5301.01 of the | 3494 |
Revised Code. The separate instrument of assignment or partial | 3495 |
release shall be recorded in the book provided by section 5301.34 | 3496 |
of the Revised Code for the recording of satisfactions of | 3497 |
mortgagescounty recorder's official records. The county recorder | 3498 |
shall be entitled to charge the fee for that recording as provided | 3499 |
by section 317.32 of the Revised Code for recording deeds. The | 3500 |
signature of a person on the assignment or partial release may be | 3501 |
a facsimile of that person's signature. A facsimile of a signature | 3502 |
on an assignment or partial release is equivalent to and | 3503 |
constitutes the written signature of the person for all | 3504 |
requirements regarding mortgage assignments or partial releases. | 3505 |
Sec. 5301.33. Except in counties where deeds or other | 3514 |
separate instruments are required as provided in this section, a | 3515 |
lease, whether or not renewable forever, that is recorded in any | 3516 |
county recorder's office, may be canceled or partially released by | 3517 |
the lessor and lessee, or assigned by either of them, by writing | 3518 |
the cancellation, partial release, or assignment on the original | 3519 |
lease, or upon the margin of the record of the original lease, and | 3520 |
by signing it. That cancellation, partial release, or assignment | 3521 |
need not be acknowledged, but if written on the margin of the | 3522 |
record, the signing shall be attested to by the county recorder. | 3523 |
The assignment by the lessee, whether it is upon the lease, or | 3524 |
upon the margin of the record of the lease, or by separate | 3525 |
instrument, shall transfer all interest held by the lessee under | 3526 |
the lease in the premises described in the lease, unless otherwise | 3527 |
stated in the lease or in the assignment. For copying the | 3528 |
cancellation, partial release, or assignment upon the margin of | 3529 |
the record, if written upon the original instrument, or for | 3530 |
attesting it, if written upon the margin of the record, the county | 3531 |
recorder shall charge the fee provided by section 317.32 of the | 3532 |
Revised Code for recording the assignment and satisfaction of | 3533 |
mortgages. | 3534 |
A lease, whether or not renewable forever, that is recorded | 3535 |
in any county recorder's office, also may be canceled, partially | 3536 |
released, or assigned by deed or by other separate instrument | 3537 |
acknowledged as provided in section 5301.01 of the Revised Code. | 3538 |
Unless in the form of a deed, a separate instrument of | 3539 |
cancellation, partial release, or assignment shall be recorded in | 3540 |
the record of leasesofficial records provided for by section | 3541 |
317.08 of the Revised Code. The county recorder shall charge the | 3542 |
fee for that recording as provided in section 317.32 of the | 3543 |
Revised Code for recording deeds. | 3544 |
Sec. 5301.331. Except in counties where deeds or other | 3565 |
instruments are required as provided in this section, a land | 3566 |
contract that is recorded in the office of the county recorder may | 3567 |
be cancelled, partially released by the vendor and vendee, or | 3568 |
assigned by either of them by writing the cancellation, partial | 3569 |
release, or assignment on the original land contract or upon the | 3570 |
margin of the record of the original land contract, and by signing | 3571 |
it. That cancellation, partial release, or assignment need not be | 3572 |
acknowledged, but if written on the margin of the record, the | 3573 |
signing shall be attested to by the county recorder. The | 3574 |
assignment by the vendee, whether it is on the land contract or | 3575 |
upon the margin of the record of that contract, or by separate | 3576 |
instrument, shall transfer the right held by the vendee under the | 3577 |
land contract in the premises described in the contract unless | 3578 |
otherwise stated in the land contract or in the assignment. For | 3579 |
copying the cancellation, partial release, or assignment upon the | 3580 |
margin of the record, or for attesting it, if written upon the | 3581 |
margin of the record, the county recorder shall charge the fee | 3582 |
provided by section 317.32 of the Revised Code for recording the | 3583 |
assignment and satisfaction of mortgages. | 3584 |
A land contract that is recorded in the office of the county | 3585 |
recorder may also be cancelled, partially released, or assigned by | 3586 |
deed or by other separate instrument, acknowledged as provided in | 3587 |
section 5301.01 of the Revised Code. Unless in the form of a deed, | 3588 |
a separate instrument of cancellation, partial release, or | 3589 |
assignment shall be recorded in the book provided by section | 3590 |
5301.34 of the Revised Code for recording satisfactions of | 3591 |
mortgagescounty recorder's official records. The county recorder | 3592 |
shall charge the fee for that record as provided for in section | 3593 |
317.32 of the Revised Code for record fees. | 3594 |
Sec. 5301.332. (A)(1) Whenever leases of natural gas and oil | 3614 |
lands recorded under section 5301.09 of the Revised Code | 3615 |
concerning lands upon which there are no producing or drilling oil | 3616 |
or gas wells become forfeited for failure of the lessee, hisor | 3617 |
the lessee's successors or assigns, to abide by specifically | 3618 |
described covenants provided for in the lease, or because the term | 3619 |
of the lease has expired, the lessor, hisor the lessor's | 3620 |
successors or assigns, may file for record an affidavit of | 3621 |
forfeiture with the county recorder after serving notice by | 3622 |
certified mail, return receipt requested, to the lessee, hisor | 3623 |
the lessee's successors or assigns, at histhe lessee's or the | 3624 |
lessee's successors' or assigns' last known address, or if service | 3625 |
is not obtained by certified mail, by giving notice by publication | 3626 |
at least once in a newspaper of general circulation in the county | 3627 |
in which the land is located of the lessor's intent to declare the | 3628 |
lease forfeited. | 3629 |
(B) After thirty days and not more than sixty days from the | 3640 |
date of proof of mailing or publication of the notice, the lessor, | 3641 |
hisor the lessor's successors or assigns, may file with the | 3642 |
county recorder an affidavit of forfeiture setting forth that he | 3643 |
such person is the lessor of an oil or gas lease; the file number | 3644 |
or volume and page of the lease record where the oil or gas lease | 3645 |
is recorded; that the lessee, hisor the lessee's successors or | 3646 |
assigns, hashave failed and neglected to comply with | 3647 |
specifically described covenants provided for in the lease, | 3648 |
reciting the facts constituting such failure, or that the term of | 3649 |
the lease has expired; that there are no producing or drilling oil | 3650 |
or gas wells on the leased premises; that the lease has been | 3651 |
forfeited and is void; and that notice was served on the lessee, | 3652 |
hisor the lessee's successors or assigns, or that publication was | 3653 |
made, and the manner and time thereof. | 3654 |
(C) If the lessee, hisor the lessee's successors or assigns, | 3655 |
claims that the lease is in full force and effect, the lessee, his | 3656 |
or the lessee's successors or assigns, shall, within sixty days | 3657 |
after the mailing or publication of the notice of the lessor of | 3658 |
histhe lessor's intention to declare the lease forfeited, notify | 3659 |
the person who filed the affidavit of forfeiture of the claim, and | 3660 |
file for record an affidavit with the office of the county | 3661 |
recorder of the county in which the land is situated stating that | 3662 |
the lease has not been forfeited and that the lessee, hisor the | 3663 |
lessee's successors or assigns, still claim that the lease is in | 3664 |
full force and effect. | 3665 |
In a county in which the county recorder has determined to | 3693 |
use the microfilm process as provided by section 9.01 of the | 3694 |
Revised Code, the recorder may, where applicable, require that the | 3695 |
notation "This lease cancelled pursuant to affidavit of forfeiture | 3696 |
recorded in Lease Vol. ....., Page ....." be entered on the | 3697 |
affidavit, and that the affidavit be recorded in the record of | 3698 |
leases provided for by section 317.08 of the Revised Code. The | 3699 |
recorder shall charge the fee for such recording as provided by | 3700 |
section 317.32 of the Revised Code for the recording of deeds. The | 3701 |
record of the lease is not notice to the public of the existence | 3702 |
of the lease or of any interests therein or rights thereunder and | 3703 |
the record shall not be received in evidence in any court of the | 3704 |
state on behalf of the lessee, his successors or assigns, against | 3705 |
the lessor, his successors or assigns. | 3706 |
Sec. 5301.34. A mortgage shall be discharged upon the record | 3707 |
of the mortgage by the county recorder when there is presented to | 3708 |
the county recorder a certificate executed by the mortgagee or the | 3709 |
mortgagee's assigns, acknowledged as provided in section 5301.01 | 3710 |
of the Revised Code, or when there is presented to the recorder a | 3711 |
deed of release executed by the governor as provided in section | 3712 |
5301.19 of the Revised Code, certifying that the mortgage has been | 3713 |
fully paid and satisfied. In addition to the discharge on the | 3714 |
records by the county recorder, such certificate shall be recorded | 3715 |
in a bookthe official records kept for that purpose by the county | 3716 |
recorder. The county recorder is entitled to the fees for such | 3717 |
recording as provided by section 317.32 of the Revised Code for | 3718 |
recording deeds. | 3719 |
Sec. 5301.35. The priority of the lien of a mortgage may be | 3720 |
waived to the extent specified by the holder of the lien in favor | 3721 |
of any lien, mortgage, lease, easement, or other interest in the | 3722 |
property covered by the mortgage, by writing the waiver of | 3723 |
priority on the original mortgage and signing it, by writing the | 3724 |
waiver of priority upon the margin of the record of that mortgage | 3725 |
and signing it, or by a separate instrument acknowledged as | 3726 |
provided by section 5301.01 of the Revised Code. That waiver, when | 3727 |
recorded upon the margin of the record of the mortgage, or when | 3728 |
recorded as a separate instrument, is constructive notice to all | 3729 |
persons dealing with either the property described in that | 3730 |
mortgage or the mortgage itself from the date of filing the waiver | 3731 |
for record. The waiver, if written upon the mortgage or upon the | 3732 |
margin of the record of the mortgage, need not be acknowledged, | 3733 |
but if written upon the margin of the record, the signing shall be | 3734 |
attested by the county recorder. | 3735 |
If the waiver of priority is by separate instrument, it shall | 3736 |
be recorded in the book provided by section 5301.34 of the Revised | 3737 |
Code for the recording of satisfactions of mortgagesofficial | 3738 |
records of the county recorder. For the recording, the county | 3739 |
recorder may charge the fee as provided by section 317.32 of the | 3740 |
Revised Code for recording deeds. For entering any waiver of | 3741 |
priority upon the margin of the record of the mortgage, or for | 3742 |
attesting it, the county recorder is entitled to the fees for | 3743 |
recording those waivers of priority that are charged for | 3744 |
assignments or satisfactions of mortgages under section 317.32 of | 3745 |
the Revised Code. | 3746 |
(B) The notice shall be filed for record in the office of the | 3772 |
county recorder of the county or counties where the land described | 3773 |
in it is situated. The county recorder of each county shall accept | 3774 |
all such notices presented to him whichthat describe land | 3775 |
situated inwithin the county in which he serves, and shall enter | 3776 |
and record them in the
deedofficial records of that county, and | 3777 |
shall index each notice in the
grantee deeddirect index under the | 3778 |
names of the claimants appearing in that notice and in the grantor | 3779 |
deedreverse index under the names of the record owners appearing | 3780 |
in that notice. SuchIf the county recorder maintains indexes | 3781 |
under section 317.20 of the Revised Code, the notices also shall | 3782 |
be indexed under the description of the real estate involved in a | 3783 |
book set apart for that purpose to be known as the "Notice Index." | 3784 |
EachThe county recorder mayshall charge the same fees for the | 3785 |
recording of such notices as are charged for recording deeds. | 3786 |
(4) "Mineral" means gas, oil, coal, coalbed methane gas, | 3807 |
other gaseous, liquid, and solid hydrocarbons, sand, gravel, clay, | 3808 |
shale, gypsum, halite, limestone, dolomite, sandstone, other | 3809 |
stone, metalliferous or nonmetalliferous ore, or another material | 3810 |
or substance of commercial value that is excavated in a solid | 3811 |
state from natural deposits on or in the earth. | 3812 |
(b) There has been actual production or withdrawal of | 3838 |
minerals by the holder from the lands, from lands covered by a | 3839 |
lease to which the mineral interest is subject, from a mine a | 3840 |
portion of which is located beneath the lands, or, in the case of | 3841 |
oil or gas, from lands pooled, unitized, or included in unit | 3842 |
operations, under sections 1509.26 to 1509.28 of the Revised Code, | 3843 |
in which the mineral interest is participating, provided that the | 3844 |
instrument or order creating or providing for the pooling or | 3845 |
unitization of oil or gas interests has been filed or recorded in | 3846 |
the office of the county recorder of the county in which the lands | 3847 |
that are subject to the pooling or unitization are located. | 3848 |
(1) Serve notice by certified mail, return receipt requested, | 3902 |
to each holder or each holder's successors or assignees, at the | 3903 |
last known address of each, of the owner's intent to declare the | 3904 |
mineral interest abandoned. If service of notice cannot be | 3905 |
completed to any holder, the owner shall publish notice of the | 3906 |
owner's intent to declare the mineral interest abandoned at least | 3907 |
once in a newspaper of general circulation in each county in which | 3908 |
the land that is subject to the interest is located. The notice | 3909 |
shall contain all of the information specified in division (F) of | 3910 |
this section. | 3911 |
(2) If a holder or a holder's successors or assignees who | 3970 |
claim that the mineral interest that is the subject of a notice | 3971 |
under division (E) of this section has not been abandoned fails to | 3972 |
file a claim to preserve the mineral interest, files such a claim | 3973 |
more than sixty days after the date on which the notice was served | 3974 |
or published under division (E) of this section, fails to file an | 3975 |
affidavit that identifies an event described in division (B)(3) of | 3976 |
this section that has occurred within the twenty years immediately | 3977 |
preceding the date on which the notice was served or published | 3978 |
under division (E) of this section, or files such an affidavit | 3979 |
more than sixty days after the date on which the notice was served | 3980 |
or published under that division, the owner of the surface of the | 3981 |
lands subject to the interest who is seeking to have the interest | 3982 |
deemed abandoned and vested in the owner shall cause the county | 3983 |
recorder of each applicable county to memorialize the record on | 3984 |
which the severed mineral interest is based with the following: | 3985 |
file in the office of the county recorder of each county where the | 3986 |
land that is subject to the mineral interest is located a notice | 3987 |
of failure to file. The notice shall contain all of the following: | 3988 |
Immediately after the county recorder memorializes the record | 3995 |
notice of failure to file a mineral interest is recorded, the | 3996 |
mineral interest shall vest in the owner of the surface of the | 3997 |
lands formerly subject to the interest, and the record of the | 3998 |
mineral interest shall cease to be notice to the public of the | 3999 |
existence of the mineral interest or of any rights under it. In | 4000 |
addition, the record shall not be received as evidence in any | 4001 |
court in this state on behalf of the former holder or the former | 4002 |
holder's successors or assignees against the owner of the surface | 4003 |
of the lands formerly subject to the interest. However, the | 4004 |
abandonment and vesting of a mineral interest pursuant to | 4005 |
divisions (E) to (I) of this section only shall be effective as to | 4006 |
the property of the owner that filed the affidavit of abandonment | 4007 |
under division (E) of this section. | 4008 |
Sec. 5302.15. An instrument containing a form or forms of | 4019 |
covenants, conditions, obligations, powers, and other clauses of a | 4020 |
mortgage, may be recorded in the record of mortgagesofficial | 4021 |
records of any county. Every such instrument shall be entitled | 4022 |
"Master Mortgage Form Recorded By (name of the person causing the | 4023 |
instrument to be recorded)" and shall be dated and signed by the | 4024 |
person causing it to be recorded, but need not be acknowledged. | 4025 |
Upon presentation for record and payment of the fees provided in | 4026 |
section 317.32 of the Revised Code, the county recorder shall | 4027 |
record any such master mortgage form in the record of mortgages | 4028 |
official records of the county and shall index it in the general | 4029 |
alphabetical index of granteesdirect and reverse indexes under | 4030 |
the name appearing in the title, in the same manner as mortgages | 4031 |
of real property. | 4032 |
Except as otherwise provided in this section, when a person | 4066 |
holding real property as a survivorship tenant dies, the transfer | 4067 |
of the interest of the decedent may be recorded by presenting to | 4068 |
the county auditor and filing with the county recorder either a | 4069 |
certificate of transfer as provided in section 2113.61 of the | 4070 |
Revised Code, or an affidavit accompanied by a certified copy of a | 4071 |
death certificate. The affidavit shall recite the names of the | 4072 |
other survivorship tenant or tenants, the address of the other | 4073 |
survivorship tenant or tenants, the date of death of the decedent, | 4074 |
and a description of the real property. The county recorder shall | 4075 |
make index reference torecord any certificate or affidavit so | 4076 |
filed in the record of deedsofficial records. When a person | 4077 |
holding real property as a survivorship tenant dies and the title | 4078 |
to the property is registered pursuant to Chapter 5309. of the | 4079 |
Revised Code, the procedure for the transfer of the interest of | 4080 |
the decedent shall be pursuant to section 5309.081 of the Revised | 4081 |
Code. | 4082 |
Sec. 5302.171. Upon the death, resignation, removal, or | 4083 |
other event terminating the appointment of a trustee of a trust, | 4084 |
which trustee holds title to real property, the successor trustee | 4085 |
or any co-trustee of the trust shall file with the county auditor | 4086 |
and the county recorder of the county in which the real property | 4087 |
is located, as soon as is practical, an affidavit reciting the | 4088 |
name of the immediately preceding trustee and any co-trustees, the | 4089 |
addresses of all trustees, a reference to the deed or other | 4090 |
instrument vesting title in the trustees, and a legal description | 4091 |
of the real property. The affidavit shall be indexed and recorded | 4092 |
in the record of deedsofficial records of the county recorder, | 4093 |
and indexed in the direct and reverse indexes provided for in | 4094 |
section 317.18 of the Revised Code. | 4095 |
Sec. 5302.222. (A) The transfer of a deceased owner's real | 4105 |
property or interest in real property as designated in a transfer | 4106 |
on death designation affidavit provided in section 5302.22 of the | 4107 |
Revised Code shall be recorded by presenting to the county auditor | 4108 |
of the county in which the real property is located and filing | 4109 |
with the county recorder of that county an affidavit of | 4110 |
confirmation executed by any transfer on death beneficiary to whom | 4111 |
the transfer is made. The affidavit of confirmation shall be | 4112 |
verified before a person authorized to administer oaths and shall | 4113 |
be accompanied by a certified copy of the death certificate for | 4114 |
the deceased owner. The affidavit of confirmation shall contain | 4115 |
all of the following information: | 4116 |
Sec. 5309.13. After the filing of the application to | 4150 |
register the title to land or to any interest therein and before | 4151 |
registration, the land described in such application may be dealt | 4152 |
with and instruments relating thereto may be recorded and indexed, | 4153 |
in the same manner as if no such application had been filed. As | 4154 |
soon as an application is disposed of, the clerk of the probate | 4155 |
court or the clerk of the court of common pleas shall make a | 4156 |
memorandum stating the disposition of the case and shall send it | 4157 |
to the county recorder, who shall record and index it within the | 4158 |
official records of deeds. | 4159 |
In all cases where part of the land described in a | 4165 |
certificate of title is only partially transferred, the county | 4166 |
recorder shall issue a new certificate of title to the registered | 4167 |
owner,transferee for the part of the land not transferred, and | 4168 |
shall indorse on the transferor's registered certificate and on | 4169 |
the duplicate certificate surrenderedcertificates, a memorial | 4170 |
notation partially canceling the same, and the reasons therefor, | 4171 |
givingstating the volume and folium of the register where the new | 4172 |
title is registered, and the number of the new certificate for the | 4173 |
transferred land. The county recorder may cancel the property or | 4174 |
estate transferred on theshall maintain as active the | 4175 |
transferor's registered and duplicate certificates for the residue | 4176 |
of the
transferorland not transferred without the issue of | 4177 |
issuing a new certificate to the transferor for the residue. | 4178 |
Sec. 5309.64. (A) Whenever registered land is sold to | 4179 |
satisfy any judgment, decree, or order of a court, or the title is | 4180 |
transferred or affected by a decree or judgment of a court, the | 4181 |
purchaser, or the person in whose favor such decree was rendered, | 4182 |
on filing with the county recorder a certificate that the terms of | 4183 |
sale have been complied with and a certified copy of the order of | 4184 |
sale and return thereof and confirmation, or a certified copy of | 4185 |
the decree of the court transferring or affecting the title, as | 4186 |
the case may be, is entitled to have the property transferred to | 4187 |
the purchaser or person in whose favor the decree was rendered and | 4188 |
the title registered accordingly and a new certificate of title | 4189 |
issued therefor. | 4190 |
Sec. 5719.04. (A) Immediately after each settlement required | 4209 |
by division (D) of section 321.24 of the Revised Code, the county | 4210 |
auditor shall make a tax list and duplicates thereof of all | 4211 |
general personal and classified property taxes remaining unpaid, | 4212 |
as shown by the county treasurer's books and the list of taxes | 4213 |
returned as delinquent by the treasurer to the auditor at such | 4214 |
settlement. The county auditor shall also include in such list all | 4215 |
taxes assessed by the tax commissioner pursuant to law which were | 4216 |
not charged upon the tax lists and duplicates on which such | 4217 |
settlements were made nor previously charged upon a delinquent tax | 4218 |
list and duplicates pursuant to this section, but the auditor | 4219 |
shall not include taxes specifically excepted from collection | 4220 |
pursuant to section 5711.32 of the Revised Code. Such tax list and | 4221 |
duplicates shall contain the name of the person charged and the | 4222 |
amount of such taxes, and the penalty, due and unpaid, and shall | 4223 |
set forth separately the amount charged or chargeable on the | 4224 |
general and on the classified list and duplicate. The auditor | 4225 |
shall deliver one such duplicate to the treasurer on the first day | 4226 |
of December, annually. Upon receipt of the duplicate the treasurer | 4227 |
may prepare and mail tax bills to all persons charged with such | 4228 |
delinquent taxes. Each bill shall include a notice that the | 4229 |
interest charge prescribed by section 5719.041 of the Revised Code | 4230 |
has begun to accrue. | 4231 |
Before such publication, the auditor shall cause a display | 4242 |
notice of the forthcoming publication of such delinquent personal | 4243 |
and classified property tax list to be inserted once a week for | 4244 |
two consecutive weeks in a newspaper of general circulation in the | 4245 |
county. Copy for such display notice shall be furnished by the | 4246 |
auditor to the newspaper selected to publish such delinquent tax | 4247 |
lists simultaneously with the delivery of the duplicate to the | 4248 |
treasurer. Publication of the delinquent lists may be made by a | 4249 |
newspaper in installments, provided that complete publication | 4250 |
thereof is made twice during said sixty-day period. | 4251 |
The office of the county treasurer shall be kept open to | 4252 |
receive the payment of delinquent general and classified property | 4253 |
taxes from the day of delivery of the duplicate thereof until the | 4254 |
final publication of the delinquent tax list. The name of any | 4255 |
taxpayer who, prior to seven days before either the first or | 4256 |
second publication of said list, pays such taxes in full or enters | 4257 |
into a delinquent tax contract to pay such taxes in installments | 4258 |
pursuant to section 5719.05 of the Revised Code shall be stricken | 4259 |
from such list, and the taxpayer's name shall not be included in | 4260 |
the list for that publication. | 4261 |
The other such duplicate, from which shall first be | 4262 |
eliminated the names of persons whose total liability for taxes | 4263 |
and penalty is less than one hundred dollars, shall be filed by | 4264 |
the auditor on the first day of December, annually, in the office | 4265 |
of the county recorder, and the same shall constitute a notice of | 4266 |
lien and operate as of the date of delivery as a lien on the lands | 4267 |
and tenements, vested legal interests therein, and permanent | 4268 |
leasehold estates of each person named therein having such real | 4269 |
estate in such county. Such notice of lien and such lien shall not | 4270 |
be valid as against any mortgagee, pledgee, purchaser, or judgment | 4271 |
creditor whose rights have attached prior to the date of such | 4272 |
delivery. Such duplicate shall be kept by the county recorder, | 4273 |
designated as the personal tax lien recordin the official | 4274 |
records, and indexed under the name of the person charged with | 4275 |
such tax. No fee shall be charged by the county recorder for the | 4276 |
services required under this section. | 4277 |
If the authority making any assessment believes that the | 4285 |
collection of such taxes will be jeopardized by delay, such | 4286 |
assessing authority shall so certify on the assessment certificate | 4287 |
thereof, and the auditor shall include a certificate of such | 4288 |
jeopardy in the certificate given by the auditor to the treasurer. | 4289 |
In such event, the treasurer shall proceed immediately to collect | 4290 |
such taxes, and to enforce the collection thereof by any means | 4291 |
provided by law, and the treasurer may not accept a tender of any | 4292 |
part of such taxes; but the person or the representatives of the | 4293 |
person against whom such assessment is made may, in the event of | 4294 |
an appeal to the tax commissioner therefrom, obtain a stay of | 4295 |
collection of the whole or any part of the amount of such | 4296 |
assessment by filing with the treasurer a bond in an amount not | 4297 |
exceeding double the amount as to which the stay is desired, with | 4298 |
such surety as the treasurer deems necessary, conditioned upon the | 4299 |
payment of the amount determined to be due by the decision of the | 4300 |
commissioner which has become final, and further conditioned that | 4301 |
if an appeal is not filed within the period provided by law, the | 4302 |
amount of collection which is stayed by the bond will be paid on | 4303 |
notice and demand of the treasurer at any time after the | 4304 |
expiration of such period. The taxpayer may waive such stay as to | 4305 |
the whole or any part of the amount covered by the bond, and if as | 4306 |
the result of such waiver any part of the amount covered by the | 4307 |
bond is paid, then the bond shall be proportionately reduced on | 4308 |
the request of the taxpayer. | 4309 |
Sec. 5721.35. (A) Upon the sale and delivery of a tax | 4319 |
certificate, the tax certificate vests in the certificate holder | 4320 |
the first lien previously held by the state and its taxing | 4321 |
districts under section 5721.10 of the Revised Code for the amount | 4322 |
of taxes, assessments, interest, and penalty charged against a | 4323 |
certificate parcel, superior to all other liens and encumbrances | 4324 |
upon the parcel described in the tax certificate, in the amount of | 4325 |
the certificate redemption price, except liens for delinquent | 4326 |
taxes that attached to the certificate parcel prior to the | 4327 |
attachment of the lien being conveyed by the sale of such tax | 4328 |
certificate. With respect to the priority as among such first | 4329 |
liens of the state and its taxing districts for different years, | 4330 |
the priority shall be determined by the date such first liens of | 4331 |
the state and its taxing districts attached pursuant to section | 4332 |
323.11 of the Revised Code, with first priority to the earliest | 4333 |
attached lien and each immediately subsequent priority based upon | 4334 |
the next earliest attached lien. | 4335 |
Sec. 5747.451. (A) The mere retirement from business or | 4355 |
voluntary dissolution of a domestic or foreign qualifying entity | 4356 |
does not exempt it from the requirements to make reports as | 4357 |
required under sections 5747.42 to 5747.44 or to pay the taxes | 4358 |
imposed under section 5733.41 or 5747.41 of the Revised Code. If | 4359 |
any qualifying entity subject to the taxes imposed under section | 4360 |
5733.41 or 5747.41 of the Revised Code sells its business or stock | 4361 |
of merchandise or quits its business, the taxes required to be | 4362 |
paid prior to that time, together with any interest or penalty | 4363 |
thereon, become due and payable immediately, and the qualifying | 4364 |
entity shall make a final return within fifteen days after the | 4365 |
date of selling or quitting business. The successor of the | 4366 |
qualifying entity shall withhold a sufficient amount of the | 4367 |
purchase money to cover the amount of such taxes, interest, and | 4368 |
penalties due and unpaid until the qualifying entity produces a | 4369 |
receipt from the tax commissioner showing that the taxes, | 4370 |
interest, and penalties have been paid, or a certificate | 4371 |
indicating that no taxes are due. If the purchaser of the business | 4372 |
or stock of goods fails to withhold purchase money, the purchaser | 4373 |
is personally liable for the payment of the taxes, interest, and | 4374 |
penalties accrued and unpaid during the operation of the business | 4375 |
by the qualifying entity. If the amount of those taxes, interest, | 4376 |
and penalty unpaid at the time of the purchase exceeds the total | 4377 |
purchase money, the tax commissioner may adjust the qualifying | 4378 |
entity's liability for those taxes, interest, and penalty, or | 4379 |
adjust the responsibility of the purchaser to pay that liability, | 4380 |
in a manner calculated to maximize the collection of those | 4381 |
liabilities. | 4382 |
(B) Annually, on the last day of each qualifying taxable year | 4383 |
of a qualifying entity, the taxes imposed under section 5733.41 or | 4384 |
5747.41 of the Revised Code, together with any penalties | 4385 |
subsequently accruing thereon, become a lien on all property in | 4386 |
this state of the qualifying entity, whether such property is | 4387 |
employed by the qualifying entity in the prosecution of its | 4388 |
business or is in the hands of an assignee, trustee, or receiver | 4389 |
for the benefit of the qualifying entity's creditors and | 4390 |
investors. The lien shall continue until those taxes, together | 4391 |
with any penalties subsequently accruing, are paid. | 4392 |
Upon failure of such a qualifying entity to pay those taxes | 4393 |
on the day fixed for payment, the treasurer of state shall | 4394 |
thereupon notify the tax commissioner, and the commissioner may | 4395 |
file in the office of the county recorder in each county in this | 4396 |
state in which the qualifying entity owns or has a beneficial | 4397 |
interest in real estate, notice of the lien containing a brief | 4398 |
description of such real estate. No fee shall be charged for such | 4399 |
a filing. The lien is not valid as against any mortgagee, | 4400 |
purchaser, or judgment creditor whose rights have attached prior | 4401 |
to the time the notice is so filed in the county in which the real | 4402 |
estate which is the subject of such mortgage, purchase, or | 4403 |
judgment lien is located. The notice shall be recorded in a book | 4404 |
the official records kept by the county recorder, called the | 4405 |
qualifying entity tax lien record, and indexed under the name of | 4406 |
the qualifying entity charged with the tax. When the tax, together | 4407 |
with any penalties subsequently accruing thereon, have been paid, | 4408 |
the tax commissioner shall furnish to the qualifying entity an | 4409 |
acknowledgment of such payment that the qualifying entity may | 4410 |
record with the county recorder of each county in which notice of | 4411 |
such lien has been filed, for which recording the county recorder | 4412 |
shall charge and receive a fee of two dollars. | 4413 |
(C) In addition to all other remedies for the collection of | 4414 |
any taxes or penalties due under law, whenever any taxes, | 4415 |
interest, or penalties due from any qualifying entity under | 4416 |
section 5733.41 of the Revised Code or this chapter have remained | 4417 |
unpaid for a period of ninety days, or whenever any qualifying | 4418 |
entity has failed for a period of ninety days to make any report | 4419 |
or return required by law, or to pay any penalty for failure to | 4420 |
make or file such report or return, the attorney general, upon the | 4421 |
request of the tax commissioner, shall file a petition in the | 4422 |
court of common pleas in the county of the state in which such | 4423 |
qualifying entity has its principal place of business for a | 4424 |
judgment for the amount of the taxes, interest, or penalties | 4425 |
appearing to be due, the enforcement of any lien in favor of the | 4426 |
state, and an injunction to restrain such qualifying entity and | 4427 |
its officers, directors, and managing agents from the transaction | 4428 |
of any business within this state, other than such acts as are | 4429 |
incidental to liquidation or winding up, until the payment of such | 4430 |
taxes, interest, and penalties, and the costs of the proceeding | 4431 |
fixed by the court, or the making and filing of such report or | 4432 |
return. | 4433 |
The petition shall be in the name of the state. Any of the | 4434 |
qualifying entities having its principal places of business in the | 4435 |
county may be joined in one suit. On the motion of the attorney | 4436 |
general, the court of common pleas shall enter an order requiring | 4437 |
all defendants to answer by a day certain, and may appoint a | 4438 |
special master commissioner to take testimony, with such other | 4439 |
power and authority as the court confers, and permitting process | 4440 |
to be served by registered mail and by publication in a newspaper | 4441 |
of general circulation in the county, which publication need not | 4442 |
be made more than once, setting forth the name of each delinquent | 4443 |
qualifying entity, the matter in which the qualifying entity is | 4444 |
delinquent, the names of its officers, directors, and managing | 4445 |
agents, if set forth in the petition, and the amount of any taxes, | 4446 |
fees, or penalties claimed to be owing by the qualifying entity. | 4447 |
If it appears to the court upon hearing that any qualifying | 4452 |
entity that is a party to the proceeding is indebted to the state | 4453 |
for taxes imposed under section 5733.41 or 5747.41 of the Revised | 4454 |
Code, or interest or penalties thereon, judgment shall be entered | 4455 |
therefor with interest; and if it appears that any qualifying | 4456 |
entity has failed to make or file any report or return, a | 4457 |
mandatory injunction may be issued against the qualifying entity, | 4458 |
its trustees or other fiduciaries, officers, directors, and | 4459 |
managing agents, enjoining them from the transaction of any | 4460 |
business within this state, other than acts incidental to | 4461 |
liquidation or winding up, until the making and filing of all | 4462 |
proper reports or returns and until the payment in full of all | 4463 |
taxes, interest, and penalties. | 4464 |
If the trustees or other fiduciaries, officers, directors, | 4465 |
investors, beneficiaries, or managing agents of a qualifying | 4466 |
entity are not made parties in the first instance, and a judgment | 4467 |
or an injunction is rendered or issued against the qualifying | 4468 |
entity, those officers, directors, investors, or managing agents | 4469 |
may be made parties to such proceedings upon the motion of the | 4470 |
attorney general, and, upon notice to them of the form and terms | 4471 |
of such injunction, they shall be bound thereby as fully as if | 4472 |
they had been made parties in the first instance. | 4473 |
In any action authorized by this division, a statement of the | 4474 |
tax commissioner, or the secretary of state, when duly certified, | 4475 |
shall be prima-facie evidence of the amount of taxes, interest, or | 4476 |
penalties due from any qualifying entity, or of the failure of any | 4477 |
qualifying entity to file with the commissioner or the secretary | 4478 |
of state any report required by law, and any such certificate of | 4479 |
the commissioner or the secretary of state may be required in | 4480 |
evidence in any such proceeding. | 4481 |
(D) If any qualifying entity fails to make and file the | 4498 |
reports or returns required under this chapter, or to pay the | 4499 |
penalties provided by law for failure to make and file such | 4500 |
reports or returns for a period of ninety days after the time | 4501 |
prescribed by this chapter, the attorney general, on the request | 4502 |
of the tax commissioner, shall commence an action in quo warranto | 4503 |
in the court of appeals of the county in which that qualifying | 4504 |
entity has its principal place of business to forfeit and annul | 4505 |
its privileges and franchises. If the court is satisfied that any | 4506 |
such qualifying entity is in default, it shall render judgment | 4507 |
ousting such qualifying entity from the exercise of its privileges | 4508 |
and franchises within this state, and shall otherwise proceed as | 4509 |
provided in sections 2733.02 to 2733.39 of the Revised Code. | 4510 |
Section 2. That existing sections 135.807, 149.52, 317.02, | 4526 |
317.04, 317.05, 317.07, 317.08, 317.09, 317.10, 317.111, 317.112, | 4527 |
317.12, 317.13, 317.15, 317.17, 317.18, 317.19, 317.20, 317.22, | 4528 |
317.26, 317.28, 317.29, 317.31, 317.32, 317.35, 317.36, 319.203, | 4529 |
323.43, 503.13, 703.16, 707.09, 709.06, 709.32, 709.38, 709.39, | 4530 |
723.04, 723.05, 961.02, 961.05, 971.15, 1311.06, 1311.35, 1311.42, | 4531 |
1337.08, 1513.33, 1513.37, 1701.73, 1701.81, 1701.811, 1702.38, | 4532 |
1702.43, 1702.462, 1705.38, 1705.381, 1729.38, 1776.70, 1776.74, | 4533 |
1782.433, 1782.4310, 2113.62, 2505.13, 2937.27, 3929.18, 4123.76, | 4534 |
4123.78, 4141.23, 4961.39, 5301.01, 5301.14, 5301.21, 5301.25, | 4535 |
5301.255, 5301.28, 5301.32, 5301.33, 5301.331, 5301.332, 5301.34, | 4536 |
5301.35, 5301.52, 5301.56, 5302.15, 5302.17, 5302.171, 5302.222, | 4537 |
5309.13, 5309.41, 5309.64, 5715.701, 5719.04, 5721.35, 5747.451, | 4538 |
and 5815.15 and sections 317.201 and 711.12 of the Revised Code | 4539 |
are hereby repealed. | 4540 |