Bill Text: OH HB274 | 2011-2012 | 129th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To provide that a transfer fee for purposes of a transfer fee covenant does not include any payment required pursuant to a conservation easement or agricultural easement, to authorize the conveyance of the water rights of certain state-owned real estate to the Wayne County Board of County Commissioners, and to authorize the conveyance of state-owned real estate in Richland County to the Mansfield Reformatory Preservation Society.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-03-22 - Effective Date [HB274 Detail]
Download: Ohio-2011-HB274-Engrossed.html
As Passed by the House
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To provide that a transfer fee for purposes of a transfer fee covenant does not include any payment required pursuant to a conservation easement or agricultural easement, to authorize the conveyance of the water rights of certain state-owned real estate to the Wayne County Board of County Commissioners, and to authorize the conveyance of state-owned real estate in Richland County to the Mansfield Reformatory Preservation Society.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-03-22 - Effective Date [HB274 Detail]
Download: Ohio-2011-HB274-Engrossed.html
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Representative Letson
Cosponsors:
Representatives Bubp, Antonio, Brenner, Combs, Derickson, Foley, Mallory, Milkovich, Murray, O'Brien, Okey, Ramos, Szollosi, Winburn, Yuko Speaker Batchelder
To amend section 5301.057 of the Revised Code to | 1 |
provide that a transfer fee for purposes of a | 2 |
transfer fee covenant does not include any payment | 3 |
required pursuant to a conservation easement or | 4 |
agricultural easement. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5301.057 of the Revised Code be | 6 |
amended to read as follows: | 7 |
Sec. 5301.057. (A) As used in this section: | 8 |
(1) "Environmental covenant" means | 9 |
(a) A servitude that imposes activity and use limitations on | 10 |
real property and meets the requirements of section 5301.82 of the | 11 |
Revised Code; | 12 |
(b) A conservation easement or agricultural easement as | 13 |
defined in section 5301.67 of the Revised Code. | 14 |
(2) "Transfer" means the sale, gift, conveyance, assignment, | 15 |
inheritance, or other transfer of an ownership interest in real | 16 |
property located in this state. | 17 |
(3) "Transfer fee" means a fee or charge required by a | 18 |
transfer fee covenant and payable upon the transfer of an interest | 19 |
in real property, or payable for the right to make or accept such | 20 |
a transfer, regardless of whether the fee or charge is a fixed | 21 |
amount or is determined as a percentage of the value of the | 22 |
property, the purchase price, or other consideration given for the | 23 |
transfer. The following are not transfer fees for purposes of this | 24 |
section: | 25 |
(a) Any consideration payable by the grantee to the grantor | 26 |
for the interest in real property being transferred. For the | 27 |
purposes of division (A)(3)(a) of this section, an interest in | 28 |
real property includes a separate mineral estate and its | 29 |
appurtenant surface access rights. | 30 |
(b) Any commission payable to a licensed real estate broker | 31 |
for the transfer of real property pursuant to an agreement between | 32 |
the broker and the grantor or the grantee, including any | 33 |
subsequent additional commission for that transfer payable by the | 34 |
grantor or the grantee based upon any subsequent appreciation, | 35 |
development, or sale of real property; | 36 |
(c) Any interest, charges, fees, or other amounts payable by | 37 |
a borrower to a lender pursuant to a loan secured by a mortgage | 38 |
against real property; | 39 |
(d) Any rent, reimbursement, charge, fee, or other amount | 40 |
payable by a lessee to a lessor under a lease; | 41 |
(e) Any consideration payable to the holder of an option to | 42 |
purchase an interest in real property or the holder of a right of | 43 |
first refusal or first offer to purchase an interest in real | 44 |
property for waiving, releasing, or not exercising the option or | 45 |
right upon the transfer of the property to another person; | 46 |
(f) Any tax, fee, charge, assessment, fine, or other amount | 47 |
payable to or imposed by a governmental authority; | 48 |
(g) Any fee, charge, assessment, fine, or other amount | 49 |
payable to a homeowners, condominium, cooperative, mobile home, or | 50 |
property owners association pursuant to a declaration or covenant | 51 |
or law applicable to the association; | 52 |
(h) Any payment required pursuant to an environmental | 53 |
covenant. | 54 |
(4) "Transfer fee covenant" means a declaration or covenant | 55 |
recorded against the title to real property that requires or | 56 |
purports to require the payment of a transfer fee to the declarant | 57 |
or other person specified in the declaration or covenant or to | 58 |
their successors or assigns upon a subsequent transfer of an | 59 |
interest in the real property. | 60 |
(B) A transfer fee covenant recorded in this state on or | 61 |
after | 62 |
not run with the title to real property and is not binding on or | 63 |
enforceable against any subsequent owner, purchaser, or mortgagee | 64 |
of any interest in real property as an equitable servitude or | 65 |
otherwise. | 66 |
(C) Any lien purporting to secure the payment of a transfer | 67 |
fee under a transfer fee covenant that is recorded in this state | 68 |
on or after | 69 |
is void. | 70 |
Section 2. That existing section 5301.057 of the Revised Code | 71 |
is hereby repealed. | 72 |