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H. B. No. 50 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Burke, Murray, Schuring, Blessing
A BILL
To amend section 709.02 of the Revised Code to
require that a political subdivision owner be
included in determining the number of owners
needed to sign a petition for an expedited type-II
annexation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 709.02 of the Revised Code be
amended to read as follows:
Sec. 709.02. (A) The owners of real estate contiguous to a
municipal corporation may petition for annexation to a municipal
corporation in the manner provided by sections 709.02 to 709.11 of
the Revised Code.
(B) Application for annexation shall be made by a petition
filed with the clerk of the board of county commissioners of the
county in which the territory is located.
(C) The petition required by this section shall contain the
following:
(1) The signatures of a majority of the owners of real estate
in the territory proposed for annexation. The person who signs or
the circulator of the petition also shall write the date the
signature was made next to the owner's name. No signature obtained
more than one hundred eighty days before the date on which the
petition is filed shall be counted in determining the number of
signers of the petition. Any owner who signed the petition may
have the signature removed before the document is filed by
delivering a signed statement to the agent for the petitioners
expressing the owner's wish to have the signature removed. Upon
receiving a signed statement, the agent for the petitioners shall
strike through the signature, causing the signature to be deleted
from the petition.
(2) An accurate legal description of the perimeter and an
accurate map or plat of the territory proposed for annexation;
(3) The name of a person or persons to act as agent for the
petitioners. The agent for the petitioners may be an official,
employee, or agent of the municipal corporation to which
annexation is proposed.
(D) At the time of filing the petition for annexation, the
agent for the petitioners also shall file with the clerk of the
board a list of all tracts, lots, or parcels in the territory
proposed for annexation, and all tracts, lots, or parcels located
adjacent to that territory or directly across the road from it
when the road is adjacent to it, including the name and mailing
address of the owner of each tract, lot, or parcel, and the
permanent parcel number from the county auditor's permanent parcel
numbering system established under section 319.28 of the Revised
Code for each tract, lot, or parcel. This list shall not be
considered to be a part of the petition for annexation, and any
error on the list shall not affect the validity of the petition.
(E) As used in sections 709.02 to 709.21, 709.38, and 709.39
of the Revised Code, "owner" or "owners" means any adult
individual who is legally competent, the state or any political
subdivision as defined in section 5713.081 of the Revised Code,
and any firm, trustee, or private corporation, any of which is
seized of a freehold estate in land; except that easements and any
railroad, utility, street, and highway rights-of-way held in fee,
by easement, or by dedication and acceptance are not included
within those meanings; and no person, firm, trustee, or private
corporation, the state, or any political subdivision, that has
become an owner of real estate by a conveyance, the primary
purpose of which is to affect the number of owners required to
sign a petition for annexation, is included within those meanings.
For purposes of sections 709.02, 709.021, 709.022, 709.024 to
709.21, 709.38, and 709.39 of the Revised Code, the state or any
political subdivision shall not be considered an owner and shall
not be included in determining the number of owners needed to sign
a petition unless an authorized agent of the state or the
political subdivision signs the petition. For purposes of section
709.023 of the Revised Code, the state shall be considered an
owner and shall be included in determining the number of owners
needed to sign a petition only if an authorized agent of the state
signs the petition. If an authorized agent of the state does not
sign a petition for purposes of section 709.023 of the Revised
Code, the state shall not be considered an owner and shall not be
included in determining the number of owners needed to sign a
petition. For purposes of section 709.023 of the Revised Code, a
political subdivision shall be considered an owner and shall be
included in determining the number of owners needed to sign a
petition. The authorized agent for the state shall be the director
of administrative services.
An owner is determined as of the date the petition is filed
with the board of county commissioners. If the owner is a
corporation, partnership, business trust, estate, trust,
organization, association, group, institution, society, state, or
political subdivision, the petition shall be signed by a person
who is authorized to sign for that entity. A person who owns more
than one parcel of real estate, either individually or as a tenant
in common or by survivorship tenancy, shall be counted as one
owner for purposes of this chapter.
Section 2. That existing section 709.02 of the Revised Code
is hereby repealed.
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