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H. B. No. 313 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Ujvagi, Winburn
Cosponsors:
Representatives Domenick, Patten, Murray, Hagan, Driehaus, Williams, B., Foley, Skindell, Williams, S., Letson, Stewart, Lehner
A BILL
To amend sections 323.78, 1724.03, 1724.04, and
5722.22 of the Revised Code to authorize a county
with a population greater than 100,000, or a
population between 78,000 and 81,000, to organize
a county land reutilization corporation, to
authorize a county treasurer of a county with such
a corporation to utilize the alternative
redemption period in actions to foreclose
abandoned lands, and to immunize a county land
reutilization corporation from liability for
breach of a common law duty in connection with a
parcel of land.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 323.78, 1724.03, 1724.04, and
5722.22 of the Revised Code be amended to read as follows:
Sec. 323.78. Notwithstanding anything in Chapters 323.,
5721., and 5723. of the Revised Code, if the county treasurer of a
county having a population of more than one million two hundred
thousand as of the most recent decennial census in which a county
land reutilization operates, in
any petition
for foreclosure of
abandoned lands, elects to invoke the
alternative
redemption
period, then upon any adjudication of
foreclosure by
any court
or the board of revision in any
proceeding under
section 323.25,
sections 323.65 to 323.79, or
section 5721.18 of
the Revised
Code,
the following apply:
(A) Unless otherwise ordered by a motion of the court or
board of revision, the petition shall assert, and any notice of
final
hearing shall include, that upon foreclosure of the parcel,
the
equity of redemption in any parcel by its owner shall be
forever
terminated after the expiration of the alternative
redemption period, that the parcel thereafter may be sold at
sheriff's sale either by itself or together with other parcels as
permitted by law; or that the parcel may, by order of the court or
board of revision, be transferred directly to a municipal
corporation, township, county, school district, or county land
reutilization
corporation without appraisal and without a sale,
free and clear
of all impositions and any other liens on the
property, which
shall be deemed forever satisfied and discharged.
(B) After the expiration of the alternative redemption period
following an adjudication of foreclosure, by order of the court or
board of revision, any equity of redemption is forever
extinguished, and the parcel may be transferred individually or
in lots with other tax-foreclosed properties to a municipal
corporation, township, county, school district, or county land
reutilization
corporation without appraisal and without a sale,
upon which all
impositions and any other liens subordinate to
liens for
impositions due at the time the deed to the property is
conveyed
to a purchaser or transferred to a community development
organization, county land reutilization corporation, municipal
corporation, county, township, or school district, shall be deemed
satisfied and
discharged. Other than the order of the court or
board of revision
so ordering the transfer of the parcel, no
further act of
confirmation or other order shall be required for
such a transfer, or for the extinguishment of any right of
redemption.
(C) Upon the expiration of the alternative redemption period
in
cases to which the alternative redemption period has been
ordered,
if no community development organization, county land
reutilization corporation, municipal corporation, county,
township, or school district has requested title to the parcel,
the court or board of
revision may order the property sold as
otherwise provided in
Chapters 323. and 5721. of the Revised
Code, and, failing any bid
at any such sale, the parcel shall be
forfeited to the state and
otherwise disposed of pursuant to
Chapter 5723. of the Revised
Code.
Sec. 1724.03. (A) After the articles of incorporation have
been filed, and at the first meeting of the board of directors of
a county land reutilization corporation, the board shall adopt
regulations for the government of the corporation, the conduct of
its affairs, and the management of its property, consistent with
law and the articles. The content of the regulations shall be
governed by section 1702.11 of the Revised Code to the extent not
inconsistent with this chapter.
(B) The board of directors of a county land reutilization
corporation shall be composed of at least five, seven, or nine
members, including
the county treasurer, at least
two of the
members of the board of
county commissioners, and two the
remaining members selected by the treasurer
and the county
commissioners who are members of the corporation's
board and
approved by a majority of the
chief executive officers
of all
municipal corporations the
majority of the territory of
which is
located in the county. The
treasurer and county
commissioners
who are members of the board of directors shall
establish the
process by which such approval shall be obtained.
The failure,
refusal, or inability of any chief executive officer
to respond
in writing to any request for approval of the members
selected by
the treasurer and county commissioners within fourteen
days shall
be deemed an approval by the chief executive officer.
Any such
failure, refusal, or inability to respond shall not
prevent the
corporation from exercising its powers and authority
under this
chapter. A county
treasurer
and the county
commissioners each
may appoint a
representative, as a
director of the
corporation,
to act for the
officer at any of the
meetings of
the
corporation. Except as may
otherwise be
authorized by the
regulations of the corporation, all
members of
the board of
directors shall serve without
compensation, but
shall
be
reimbursed for actual and necessary
expenses.
Sec. 1724.04. A county having a population of more than
one
million two
hundred thousand, or between seventy-eight thousand
and eighty-one thousand, as of the most recent decennial
census
that elects under section 5722.02 of the Revised Code to
adopt
and implement the procedures set forth in sections 5722.02
to
5722.15 of the Revised Code may
organize a county land
reutilization
corporation under this
chapter and Chapter 1702.
of the Revised
Code for the purpose of
exercising the powers
granted to a county
under Chapter 5722. of
the Revised Code. The
county treasurer of
the county for the
benefit of which the
corporation is being
organized shall be the
incorporator of the
county land
reutilization corporation. The
form of the articles
of
incorporation of the corporation shall be
approved by
resolution
of the board of county commissioners of
the county.
When the articles of incorporation of any community
improvement
corporation, or any amendment, amended articles,
merger, or consolidation
which provides for the creation of such a
corporation, are deposited for
filing and recording in the office
of the secretary of state, the secretary of
state shall submit
them to the attorney general for examination. If such
articles,
amendment, amended articles, merger, or consolidation, are found
by
the attorney general to be in accordance with Chapter 1724. of
the Revised
Code, and not inconsistent with the constitution and
laws of the United States
and of this state, the attorney
general
shall endorse thereon
the attorney general's approval
and deliver
them to the
secretary of state, who shall file and
record them
pursuant to section 1702.07
of the Revised Code.
Sec. 5722.22. A county land reutilization corporation shall
is not be liable for damages arising from a, or subject to
equitable remedies, for breach of a common law duty, or for
violation of sections
3737.87 to 3737.891 of the Revised Code or
Chapter 3704., 3734.,
3745., 3746., 3750., 3751., 3752., 6101.,
or 6111. of the Revised
Code or any rule adopted or order,
permit, license, variance, or
plan approval issued under any of
those chapters that is or was
committed by another person in
connection with a parcel of land
acquired by the county land
reutilization corporation.
Section 2. That existing sections 323.78, 1724.03, 1724.04,
and 5722.22 of the Revised Code are hereby repealed.
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