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H. B. No. 86 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Gerberry, Okey
A BILL
To amend sections 323.78 and 1724.04 of the Revised
Code to authorize in certain counties the creation
of a land reutilization corporation to facilitate
the reclamation, rehabilitation, and reutilization
of vacant, abandoned, tax-foreclosed, or other
real property and to authorize in those counties
the use of the expedited, nonjudicial foreclosure
procedure for abandoned lands.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 323.78 and 1724.04 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 or of a county having a population of more than two
hundred fifty thousand, but less than two hundred seventy-five
thousand as of the most recent decennial census, 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. No such parcel shall be transferred to a county land
reutilization corporation after two years following the filing of
its articles of incorporation by the secretary of state.
(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. 1724.04. A county having a population of more than
one
million two
hundred thousand or a county having a population of
more than two hundred fifty thousand, but less than two hundred
seventy-five 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. A
county land reutilization corporation may not be
organized under
this chapter after the day that is one year after
the effective
date of the amendment of this section by S.B. 353 of
the 127th
General Assembly April 7, 2009.
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.
Section 2. That existing sections 323.78 and 1724.04 of the
Revised Code are hereby repealed.
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