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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 269 |
SENATORS NEIN-GARDNER-MUMPER-SHOEMAKER-DRAKE-SPADA-
WHITE-CARNES-LATTA-WATTS-ARMBRUSTER-WACHTMANN-
REPRESENTATIVES PETERSON-BARRETT-BRADING-HARTNETT-SMITH-
R. MILLER-TIBERI-OGG-HOOD-WILLAMOWSKI-BUEHRER-
AMSTUTZ-OLMAN-WIDENER-KREBS-J. BEATTY-STEVENS-
TERWILLEGER-MEAD-CATES
A BILL
To amend section 3313.41 of the Revised Code to authorize a board of
education to acquire real property needed for school purposes by
exchanging real property that the board owns for the property or
by using real property that the board owns as consideration in the
purchase of the property.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3313.41 of the Revised Code be amended to read as
follows:
Sec. 3313.41. (A) Except as provided in divisions (C) and,
(D), AND (F) of this section, when a board of education
decides to dispose of real or personal property that it owns in its corporate
capacity, and that exceeds in value ten thousand dollars, it
shall sell the property at public auction, after giving at least
thirty days' notice of the auction by publication in a newspaper
of general circulation or by posting notices in five of the most
public places in the school district in which the property, if it
is real property, is situated, or, if it is personal property, in
the school district of the board of education that owns the
property. The board may offer real property for sale as an
entire tract or in parcels.
(B) When the board of education has offered real or
personal property for sale at public auction at least once pursuant to
division
(A) of this section, and the property has not been sold, the
board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several
lots.
(C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property
to the adjutant general; to any subdivision or taxing authority as
respectively defined in divisions (A) and (C) of section 5705.01 of the
Revised Code, township park district, board of park commissioners
established under Chapter 755. of the Revised Code, or park
district established under Chapter 1545. of the Revised Code; to
a wholly or partially tax-supported university, university
branch, or college; or to the board of
trustees of a school district library, upon such terms as are
agreed upon. The sale of real or personal property to the board
of trustees of a school district library is limited, in the case
of real property, to a school district library within whose
boundaries the real property is situated, or, in the case of
personal property, to a school district library whose boundaries
lie in whole or in part within the school district of the selling
board of education.
(D) When a board of education decides to trade as a part
or an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade.
(E) The president and the treasurer of the board of
education shall execute and deliver deeds or other necessary
instruments of conveyance to complete any sale or trade under
this section.
(F) WHEN A BOARD OF EDUCATION HAS IDENTIFIED A PARCEL OF REAL
PROPERTY THAT IT DETERMINES IS NEEDED FOR SCHOOL PURPOSES, THE
BOARD MAY, UPON A MAJORITY VOTE OF THE MEMBERS OF THE BOARD,
ACQUIRE THAT PROPERTY BY EXCHANGING REAL PROPERTY THAT THE BOARD
OWNS IN ITS CORPORATE CAPACITY FOR THE IDENTIFIED REAL PROPERTY OR
BY USING REAL PROPERTY THAT THE BOARD OWNS IN ITS CORPORATE
CAPACITY AS PART OR AN ENTIRE CONSIDERATION FOR THE PURCHASE PRICE OF THE
IDENTIFIED REAL PROPERTY. ANY EXCHANGE OR ACQUISITION MADE PURSUANT TO THIS
DIVISION SHALL BE MADE BY A CONVEYANCE EXECUTED BY THE PRESIDENT AND THE
TREASURER OF THE BOARD.
Section 2. That existing section 3313.41 of the Revised Code is
hereby repealed.
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