Bill Title: 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.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2009-03-18 - To Local Government/Public Administration
[HB86 Detail]Download: Ohio-2009-HB86-Introduced.html
As 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 | 1 |
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Code to authorize in certain counties the creation | 2 |
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of a land reutilization corporation to facilitate | 3 |
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the reclamation, rehabilitation, and reutilization | 4 |
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of vacant, abandoned, tax-foreclosed, or other | 5 |
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real property and to authorize in those counties | 6 |
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the use of the expedited, nonjudicial foreclosure | 7 |
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procedure for abandoned lands. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 323.78 and 1724.04 of the Revised | 9 |
Code be amended to read as follows: | 10 |
Sec. 323.78. Notwithstanding anything in Chapters 323.,
| 11 |
5721., and 5723. of the Revised Code, if the county treasurer of a
| 12 |
county having a population of more than one million two hundred
| 13 |
thousand or of a county having a population of more than two | 14 |
hundred fifty thousand, but less than two hundred seventy-five | 15 |
thousand as of the most recent decennial census, in
any petition
| 16 |
for foreclosure of abandoned lands, elects to invoke the
| 17 |
alternative
redemption period, then upon any adjudication of
| 18 |
foreclosure by
any court or the board of revision in any
| 19 |
proceeding under
section 323.25, sections 323.65 to 323.79, or
| 20 |
section 5721.18 of
the Revised Code,
the following apply: | 21 |
(A) Unless otherwise ordered by a motion of the court or
| 22 |
board of revision, the petition shall assert, and any notice of
| 23 |
final
hearing shall include, that upon foreclosure of the parcel,
| 24 |
the
equity of redemption in any parcel by its owner shall be
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forever
terminated after the expiration of the alternative
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redemption period, that the parcel thereafter may be sold at
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sheriff's sale either by itself or together with other parcels as
| 28 |
permitted by law; or that the parcel may, by order of the court or
| 29 |
board of revision, be transferred directly to a municipal
| 30 |
corporation, township, county, school district, or county land
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reutilization
corporation without appraisal and without a sale,
| 32 |
free and clear
of all impositions and any other liens on the
| 33 |
property, which
shall be deemed forever satisfied and discharged. | 34 |
(B) After the expiration of the alternative redemption period
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following an adjudication of foreclosure, by order of the court or
| 36 |
board of revision, any equity of redemption is forever
| 37 |
extinguished, and the parcel may be transferred individually or
| 38 |
in lots with other tax-foreclosed properties to a municipal
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corporation, township, county, school district, or county land
| 40 |
reutilization
corporation without appraisal and without a sale,
| 41 |
upon which all
impositions and any other liens subordinate to
| 42 |
liens for
impositions due at the time the deed to the property is
| 43 |
conveyed
to a purchaser or transferred to a community development
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organization, county land reutilization corporation, municipal
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corporation, county, township, or school district, shall be deemed
| 46 |
satisfied and
discharged. Other than the order of the court or
| 47 |
board of revision
so ordering the transfer of the parcel, no
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further act of
confirmation or other order shall be required for
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such a transfer, or for the extinguishment of any right of
| 50 |
redemption. No such parcel shall be transferred to a county land
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reutilization corporation after two years following the filing of
| 52 |
its articles of incorporation by the secretary of state. | 53 |
(C) Upon the expiration of the alternative redemption period
| 54 |
in
cases to which the alternative redemption period has been
| 55 |
ordered,
if no community development organization, county land
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reutilization corporation, municipal corporation, county,
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township, or school district has requested title to the parcel,
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the court or board of
revision may order the property sold as
| 59 |
otherwise provided in
Chapters 323. and 5721. of the Revised
| 60 |
Code, and, failing any bid
at any such sale, the parcel shall be
| 61 |
forfeited to the state and
otherwise disposed of pursuant to
| 62 |
Chapter 5723. of the Revised
Code. | 63 |
Sec. 1724.04. A county having a population of more than
one | 64 |
million two
hundred thousand or a county having a population of | 65 |
more than two hundred fifty thousand, but less than two hundred | 66 |
seventy-five thousand as of the most recent decennial
census that | 67 |
elects under section 5722.02 of the Revised Code to
adopt and | 68 |
implement the procedures set forth in sections 5722.02
to 5722.15 | 69 |
of the Revised Code may
organize a county land
reutilization
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corporation under this
chapter and Chapter 1702.
of the Revised
| 71 |
Code for the purpose of
exercising the powers
granted to a | 72 |
county
under Chapter 5722. of
the Revised Code. The
county | 73 |
treasurer of
the county for the
benefit of which the
| 74 |
corporation is being
organized shall be the
incorporator of the
| 75 |
county land
reutilization corporation. The
form of the articles
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of
incorporation of the corporation shall be
approved by
| 77 |
resolution
of the board of county commissioners of
the county. A
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county land reutilization corporation may not be
organized under
| 79 |
this chapter after the day that is one year after
the effective
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date of the amendment of this section by S.B. 353 of
the 127th
| 81 |
General AssemblyApril 7, 2009. | 82 |
When the articles of incorporation of any community
| 83 |
improvement
corporation, or any amendment, amended articles,
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merger, or consolidation
which provides for the creation of such a
| 85 |
corporation, are deposited for
filing and recording in the office
| 86 |
of the secretary of state, the secretary of
state shall submit
| 87 |
them to the attorney general for examination. If such
articles,
| 88 |
amendment, amended articles, merger, or consolidation, are found
| 89 |
by
the attorney general to be in accordance with Chapter 1724. of
| 90 |
the Revised
Code, and not inconsistent with the constitution and
| 91 |
laws of the United States
and of this state, the attorney
general | 92 |
shall endorse thereon
the attorney general's approval
and deliver | 93 |
them to the
secretary of state, who shall file and
record them | 94 |
pursuant to section 1702.07
of the Revised Code. | 95 |
Section 2. That existing sections 323.78 and 1724.04 of the | 96 |
Revised Code are hereby repealed. | 97 |