The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 53As Passed by the HouseAs Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
| |
REPRESENTATIVES Seitz, Raussen, Schneider, Hagan, T. Patton, McGregor, Chandler, Carano, Calvert, Wolpert, Jolivette, Kearns, Otterman, Allen, Koziura, Ujvagi, Niehaus, S. Patton, Webster, S. Smith, DeBose, Harwood, Olman, Flowers, Widowfield, Daniels, Cirelli, Domenick, Schlichter, Price, Skindell, C. Evans, Walcher, Barrett, Brown, Buehrer, Cates, Clancy, Collier, Core, Distel, D. Evans, Gibbs, Gilb, Hartnett, Hoops, Hughes, Key, Miller, Perry, Reidelbach, Schmidt, Seaver, Setzer, Sferra, D. Stewart, J. Stewart, Taylor, Widener, Yates
A BILL
To amend sections 5309.24, 5309.25, 5309.95, 5309.96,
5309.98, 5310.03, and 5310.07 and to enact section
5309.031 of the Revised Code to allow a county
recorder to maintain registered land records
by the
use of photographic, magnetic, electronic,
or
certain
other processes, means, or displays.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5309.24, 5309.25, 5309.95, 5309.96,
5309.98, 5310.03, and 5310.07 be amended and section 5309.031 of
the Revised Code be enacted to read as follows:
Sec. 5309.031. (A) Notwithstanding any provision of this
chapter or Chapter 5310. of the Revised Code to the contrary, and
in accordance with the rules adopted by
the county recorder under
division (C) of this section, the
recorder may perform any of the
following functions by nonpaper means: (1) Transcribe a certified copy of a decree of registration
sent by the clerk of a probate court pursuant to section 5309.25
of the Revised Code; (2) Enter any memorial, notation, or memorandum pertaining
to registered land; (3) Register a subsequent transfer of registered land and
carry forward in connection with the registration any memorial,
notation, or memorandum; (4) Enter, index, and, if applicable, file any registered
land record,
including, but not limited to, documents relating to
cancellations, releases, discharges, or satisfactions; (5) Maintain each of the following: (a) The register of titles kept pursuant to section 5309.25
of the Revised Code; (b) The records of surveys of registered land kept pursuant
to section 5309.32 of the Revised Code; (c) The tract indexes, if any, required by the board of
county commissioners pursuant to section 5309.33 of the Revised
Code and the alphabetical indexes kept pursuant to that section; (d) The record of trusts and exceptional estates in
registered land kept pursuant to section 5309.35 of the Revised
Code; (e) The entry book kept pursuant to section 5309.38 of the
Revised Code; (f) The records of liens on registered land kept pursuant to
section 5309.50 of the Revised Code and the record of leases on
registered land kept pursuant to that section. (6) Fulfill any other requirement of this chapter or Chapter
5310. of the Revised Code concerning the recorder's maintenance of
registered land records. (B) If a county recorder maintains registered land records
by nonpaper means under division
(A) of this section, all of the
following shall apply: (1) The recorder shall keep and have readily available the
machines and equipment necessary to permit the inspection of, or
to reproduce copies of, the registered land records maintained at
the recorder's office, to fulfill
requests made under section
149.43 of the Revised
Code. (2) Photographs, microphotographs, films,
or microfilms
shall be placed and kept in conveniently accessible,
fireproof,
and insulated files, cabinets, or containers. (3) Notwithstanding any rules adopted by a county records
commission under section 149.38 of the Revised Code specifying the
length of time original paper records must be retained in that
original format, the recorder may dispose of any original paper
registered land record maintained by that office
after it has been
transcribed, registered, entered, indexed, or
filed by nonpaper
means under division (A) of this section, in accordance with the
rules
adopted under division (C) of this section. The recorder
shall adhere to all other applicable records retention rules
adopted by a county records commission under section 149.38 of the
Revised Code. (C)(1) A county recorder choosing to maintain registered
land records by nonpaper means under division (A) of this section
shall adopt rules for implementing this section. These rules
shall be subject to approval by the board of county commissioners
and shall
do all of the following: (a) Specify the type of nonpaper means that the county
recorder will use to perform registered land functions;
(b) Identify the registered land functions that the county
recorder will perform, and the registered land records that the
county recorder will maintain, by nonpaper means;
(c) Specify the form of the record maintained by nonpaper
means that will be deemed the original certificate of title under
division (B) of section 5309.25 of the Revised Code;
(d) Provide for preserving, safekeeping, using, examining,
exhibiting, projecting, and enlarging photographs,
microphotographs, films, and microfilms; (e) Provide for secure storage and maintenance of nonpaper
records, including, but not limited to, requiring daily backups of
records stored on computer to reflect daily changes made to those
records; (f) Specify the manner in which the recorder will sign an
original certificate of title or other registered land record that
is entered, indexed, or filed by nonpaper means; (g) Provide for any other policies, procedures, or practices
necessary for the maintenance of registered land records by
nonpaper means.
(2) To the extent practicable, all registered land functions
of a county recorder and all registered land records maintained by
nonpaper means under division (A) of this section shall be in
accordance with
the otherwise applicable requirements of
this
chapter and Chapter 5310. of the Revised Code. (3) Any rules adopted under division (C)(1) of this section
dealing with secure storage and computer or other security
processes for nonpaper records may be approved in an executive
session of a board of county commissioners.
(D) As used in this section and sections 5309.24, 5309.25,
5309.95, 5309.96, and 5309.98 of the Revised Code, "nonpaper
means" means at least one process from each of the following
categories, which process provides a medium of copying, recording,
or reproducing applicable registered land records, including, but
not limited to, memoranda, certificates, affidavits, or decrees:
(1) Any photostatic, photographic, miniature photographic,
film, microfilm, or microphotographic process;
(2) Perforated tape, magnetic tape, or other magnetic means,
electronic data processing or other electronic means, machine
readable means, or graphic or video display.
Sec. 5309.24. (A) Every decree of registration in land
registration cases shall bear the year, month, day, hour, and
minute of its entry and shall be signed by the clerk of the
probate court. It
shall give the place of residence and
post-office address of the
owner of the land registered, state
whether the owner
is married or unmarried, and, if the owner is
married,
state the name of the
owner's spouse. If the
owner is
under
disability, the decree shall state the nature of the
disability
and, if the owner is a minor, shall state
the minor's
age. The
decree shall
contain an accurate description and plat of
each
separate
parcel of the land as finally determined and adopted
by
the
probate court, shall set forth the
estate of the owner,
and,
in a manner
that shows their relative priority, but subject
to
division
(B) of this section, shall set forth all particular
estates, mortgages, easements,
liens, attachments, and other
encumbrances, including rights of
spouses, to which the land or
the owner's
estate is subject, all suits pending by or against the
owner
or any of the owner's predecessors in title in any court of
record in the county
the judgments in which might affect the land
or the owner's title
to the land, and all suits of that
nature
elsewhere pending if they were brought to the attention of the
probate court by the pleadings or evidence
in the case. The
decree may contain any other matter
properly to be determined by
the court under this chapter and
Chapter
5310. of the Revised
Code. The decree shall be stated in a form
convenient for
physical transcription upon, transcription by any of the
applicable nonpaper means referred to in division (D) of
section
5309.031 of the Revised Code upon, or binding in the
register of
certificates of title
titles described in section
5309.25 of
the
Revised Code, shall be in a form suitable to
constitute
the decree
as a certificate of title, and
shall give
insofar as possible the
full name,
place of residence, and
post-office address of each
owner and holder of
any interest in or
lien, charge, or
encumbrance
upon the lands or any part of the
lands, except as
provided
in division (B) of this section. The
clerk, under the
direction
of the court, shall make
and keep
indexes of all
applications and of all decrees of
registration. (B) On and after
the effective date of this amendment
March
30, 1999, a decree
of registration in a land registration case
shall not set forth pursuant to
division (A) of this section any
restrictive covenant that appears to
apply to the land or any part
of the land, if any inclusion of the restrictive
covenant in a
transfer, rental, or lease of housing accommodations, any
honoring
or exercising of the restrictive covenant, or any attempt to honor
or
exercise the restrictive covenant constitutes an unlawful
discriminatory
practice under division (H)(9) of section 4112.02
of the Revised Code.
Sec. 5309.25. (A) Immediately upon the entry of the decree of
registration as provided in sections 5309.23 and 5309.24 of the
Revised Code, the clerk of the probate court or the clerk of the
court of common pleas shall send a certified copy
thereof
of the
decree, under
the seal of the court, to the county recorder for
the county in
which the land or any part
thereof
of the land lies,
and the. The recorder shall
transcribe or bind the decree in a
book to be called the register
of titles, in which leaves in
consecutive order shall be devoted
exclusively to each title, with
appropriate blanks for the entry
of memorials and notations.
Such
The recorder shall note in
such
the
register the day, hour, and
minute when
said
the decree is filed with
him
the recorder.
The The entry made by the recorder in
such
the
register
in each
case shall be the original certificate of title, and shall
be
signed by
him
the recorder. Each certificate of title with
such
its
blanks
for memorials and notations shall
constitute a separate
folium of
such
the register.
All memorials and
notations that may
be entered upon the register
under
sections
5309.02 to 5310.21,
inclusive,
this chapter or Chapter 5310. of the Revised Code,
shall be
entered upon the folium constituted by the last
certificate of
title of the land to which they relate. All certificates of title shall be numbered consecutively,
beginning with number one. The recorder shall in each case make
an exact
physical duplicate of the original certificate,
but shall
put on
such
the duplicate
"Owner's duplicate certificate," and
deliver it to
the owner or to
his
the owner's authorized attorney.
In case of
a
variance
between the owner's duplicate certificate
and the
original
certificate, the original shall prevail.
The The certified
copy of
the decree of registration shall, in
case it is
transcribed into
the
registration book
register, be
filed and numbered by
the recorder,
with a reference noted on it
to the place of record
of the
original certificate of title. The
recorder may rebind or
retranscribe the certificates in new
volumes of
registration
books
the register
containing respectively
canceled and uncanceled
certificates and
prepare new indexes for
the uncanceled
certificates.
If If an
application includes land lying in more than
one
county, the court
shall cause the part lying in each county
to be
platted and
described separately by metes and bounds or
other
definite
description in the decree of registration, and; the
clerk
shall
send to the recorder for each county a copy of the
decree
containing a plat and description of the land within that
county;
and the recorder shall register it and issue an owner's
duplicate
therefor
certificate of title;
and thereafter, for all matters
pertaining to
registration, the portion in each county shall be
treated as a
separate parcel of land. If more than one entire and
distinct
parcel of land lying wholly in the county is included in
the
application and decree, the clerk shall, if required by the
applicant, send
such
the recorder certified copies of the decree
so
far
insofar as it relates to each of
said
the separate and
distinct parcels,
giving plat and description
thereof, and
of each
parcel; separate registration of
each parcel shall be made
accordingly by the recorder.
The The clerk
shall, at once in every cause, make a final record
of
such
the cause
and
immediately thereafter deliver to the
recorder all papers in
the
case, taking
his
the recorder's receipt
therefor, which
for those
papers
the. The
recorder
shall file,
index, and carefully preserve, and note on
the
original
certificate in
his
the recorder's office
such, the filing
and the
number or
other designation under which
they
those papers may be
found.
(B) If, under section 5309.031 of the Revised Code, the
county recorder maintains registered land records by nonpaper
means, the record that the recorder creates, and so designates
under division (C)(1)(c) of that section, in transcribing, by
any
of the applicable processes, of a certified copy of a
decree of
registration in the register of titles shall be deemed
the
original certificate of title with respect to the registered
land.
Sec. 5309.95. All books, blanks, papers, and other things
necessary for
administering
sections 5309.02 to 5310.21,
inclusive,
this chapter and Chapter 5310. of the Revised Code,
including, but not limited to, equipment, machines, and materials
related to the registered land functions of a county recorder and
the maintenance of registered land records by nonpaper means under
division (A) of section 5309.031 of the Revised Code,
shall be
furnished by the board of county commissioners.
Sec. 5309.96. No
record, instrument
or papers, paper, or
other document required by
sections 5309.02 to
5310.21,
inclusive,
this chapter or Chapter 5310. of the Revised Code, to be filed or
kept in the office of the
county
recorder,
including, but not
limited to, any registered land record maintained by nonpaper
means under division (A) of section 5309.031 of the Revised
Code,
shall be taken
or otherwise caused to be removed from
such
the
recorder's office except by a subpoena duces tecum
issued for
and
served upon the recorder by a court of record. When any
record,
instrument, paper, or other document is registered, the
recorder,
on demand,
and the tendering of the proper fee
being
tendered
therefor
for it, shall deliver to any person
certified
copies
a
copy of
such
the record, instrument,
paper, or other
document
with, when applicable,
all
memorandums
memoranda,
memorials, and
indorsements thereon
notations on it, certified
under
his
the
recorder's hand
and seal of office. The recorder
shall
indorse
endorse, in writing, across the face
of
all such
copies, in red
ink, "copy; no rights conveyed hereby." Every copy of original
records, instruments, papers, or other
documents, certified as provided
for in this section,
shall be
received in all cases in place of the original
record, instrument,
paper, or other document and shall
have the same effect in
evidence as the original
record, instrument, paper, or other
document.
Sec. 5309.98.
The
Except for registered land records
maintained by nonpaper means under
division (A) of section
5309.031 of the Revised Code, which shall
be governed by the rules
adopted under
division (C) of that section, the court of
appeals
in any appellate district may prescribe
rules of practice
and
procedure for the guidance of
the
each county recorder, and
the
conduct of proceedings in the probate courts or courts of
common
pleas, within
such districts
the district, in any matter
arising
under
sections 5309.02 to 5310.21,
inclusive,
this chapter
or
Chapter 5310. of the Revised Code.
Sec. 5310.03. The original certificate of title in the
registration book
register of titles, any
copy
thereof
of it
certified under the signature of the county recorder, and the
owner's duplicate of the original certificate of title, shall be
received as
evidence in all the courts of the state and shall be
conclusive as to all
matters contained
therein
in it, except as
provided in
sections 5309.02 to 5310.21,
inclusive,
this chapter
or Chapter 5309. of the Revised Code. All subsequent certificates
of title and
memorials
thereon
on them shall be conclusive in
favor of bona fide owners and holders
except subsequent
certificates and memorials
thereon
on them procured by forgery.
Sec. 5310.07. A person who, without negligence on
his
the
person's
part, sustains loss or damage, or is deprived of land or
of any
interest
therein
in land, after the original registration
of land, by the
registration of another person as owner of
such
the land or of any
interest
therein
in the land, through fraud, or
in consequence of any error,
omission, mistake, or misdescription
in any certificate of title
or in any entry or memorandum in the
registration book
register of titles, may bring
an action in the
court of common pleas of the county in which the
land is situated
against the treasurer of state for the recovery
of compensation
for
such
that loss or damage, or for
such
that land or
interest
therein
in land, from the assurance fund. If the person who is
deprived of land or of any interest
therein
in land in the manner
stated
in this section has a right of action, or
other
another
remedy for the
recovery of the land, or
of the interest
therein
in
land,
he
the person
shall
exhaust
such
that remedy before
resorting to the action of contract
provided in this section.
This
section does not deprive the
plaintiff of any action
of
in
tort
which he
that the plaintiff may have
against any
person for
such
the loss or damage, or
the deprivation of any land or of
any
interest
therein
in land.
Section 2. That existing sections 5309.24, 5309.25, 5309.95,
5309.96, 5309.98, 5310.03, and 5310.07 of the Revised Code are
hereby repealed.
|
|