130th Ohio General Assembly
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H. B. No. 50  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 50


Representative Snitchler 

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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