reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.211 | Repurchase of Unused Property by Owner.

Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
If an agency decides not to use appropriated property for the purpose stated in the appropriation petition, the prior owner from whom the property was appropriated may repurchase the property for its fair market value as determined by an independent appraisal made by an appraiser chosen by agreement of the parties or, if the parties cannot agree, an appraiser chosen by the court. The right of repurchase shall be extinguished if any of the following occur:
(A) The prior owner declines to repurchase the property.
(B) The prior owner fails to repurchase the property within sixty days after the public agency offers the property for repurchase.
(C) A plan, contract, or arrangement is authorized that commences an urban renewal project that includes the property.
(D) The agency grants or transfers the property to any other person or agency.
(E) Five years have passed since the property was appropriated.
(F) Prior to the filing of the petition for appropriation, the appropriated property was a blighted parcel, and the prior owner contributed to the blight.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.22 | Rules of Procedure.

Effective:
June 29, 2001
Latest Legislation:
House Bill 73 - 124th General Assembly
All proceedings brought under sections 163.01 to 163.22 of the Revised Code shall be governed by the law applicable in civil actions and the Rules of Civil Procedure, including, but not limited to, the rules governing discovery, except as otherwise provided in those sections. The proceedings shall be advanced as a matter of immediate public interest and concern and shall be heard by the court at the earliest practicable moment.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.31 | Removal of Advertising Device Definitions.

Effective:
October 9, 1981
Latest Legislation:
House Bill 146 - 114th General Assembly
As used in sections 163.31 to 163.33 of the Revised Code:
(A) "Advertising device" includes any legally erected and maintained outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other contrivance designed, intended, or used to advertise or to give information in the nature of advertising, or any part of any such contrivance, the advertisement on which is visible from the traveled way of any street, road, or highway in this state.
(B) "Erect" means to construct or allow to be constructed, but does not include any activity performed incident to a change of an advertisement or normal maintenance of an advertising device.
(C) "Just compensation" means the payment of compensation by a public agency that orders the removal of an advertising device, in the same manner as it would for other property acquired pursuant to this chapter.
(D) "Maintain" means to preserve, keep in repair, continue, allow to exist, or restore if destroyed by an act of God or vandalism.
(E) "Public agency" has the same meaning as in section 163.01 of the Revised Code.
(F) "Visible" means capable of being seen, whether or not legible, without visual aid by a person of normal acuity.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.32 | Removing Advertising Device Is Compensable.

Effective:
October 9, 1981
Latest Legislation:
House Bill 146 - 114th General Assembly
Any removal of an advertising device that is ordered by a public agency pursuant to law or ordinance, or to the exercise of any power or authority possessed by the public agency, shall be deemed to constitute the taking of all right, title, and interest in the advertising device, including any leasehold interest, of the owner of the advertising device and of the right of the owner of the real property on which the advertising device is located to erect and maintain the advertising device on it. If the public agency and any such owner of a compensable right, title, or interest do not reach agreement as to the amount of just compensation to be paid for the right, title, or interest, the public agency shall institute an action to appropriate it in accordance with this chapter.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.33 | Paying Compensation Prior to Removal.

Effective:
October 9, 1981
Latest Legislation:
House Bill 146 - 114th General Assembly
(A) Before any advertising device is removed by a public agency pursuant to any law or ordinance, or to the exercise of any power or authority possessed by the public agency, the owner of the advertising device and the owner of the real property upon which the advertising device is located shall be paid just compensation.
(B) Sections 163.31 to 163.33 of the Revised Code do not apply to any action taken pursuant to Chapter 5516. of the Revised Code.
Last updated February 2, 2022 at 9:40 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.52 | Validity of Property Acquisition.

Effective:
September 6, 2002
Latest Legislation:
House Bill 426 - 124th General Assembly
(A) The failure of an acquiring agency to satisfy a requirement of section 163.59 of the Revised Code does not affect the validity of any property acquisition by purchase or condemnation.
(B) Nothing in sections 163.51 to 163.62 of the Revised Code shall be construed as creating, in any condemnation proceeding brought under the power of eminent domain, any element of value or damage not in existence immediately prior to June 11, 1971.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.55 | Additional Payments to Displaced Person Displaced From Dwelling Owned 90 Days or More.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A) In addition to amounts otherwise authorized by sections 163.51 to 163.62 of the Revised Code, the head of a displacing agency shall make a payment to or for any displaced person displaced from any dwelling not eligible to receive a payment under section 163.54 of the Revised Code which dwelling was actually and lawfully occupied by such displaced person for not less than ninety days prior to the initiation of negotiations for acquisition of such dwelling, or in any case in which displacement is not a direct result of acquisition, not less than ninety days prior to such other event as the head of the lead agency shall prescribe. The payment shall consist of the amount necessary to enable the displaced person to lease or rent for a period not to exceed forty-two months, a comparable replacement dwelling, but not to exceed seven thousand two hundred dollars. At the discretion of the head of the displacing agency, a payment under this division may be made in periodic installments. Computation of a payment under this division to a low-income displaced person shall take into account the person's income.
(B) Any person eligible for a payment under division (A) of this section may elect to apply the payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. The person may, under criteria established by the head of the displacing agency, be eligible under this division for the maximum payment allowed under division (A) of this section.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.56 | Resolving Problems Associated With Displacement.

Effective:
March 21, 1989
Latest Legislation:
House Bill 295 - 118th General Assembly
(A)(1) Projects or programs that cause persons to be displaced persons shall be planned in a manner that recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions that will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and in a manner that provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.
(2) Whenever a program or project undertaken by a displacing agency will result in the displacement of any person, the head of the displacing agency shall provide a relocation assistance advisory program for displaced persons which shall offer the services described in division (B) of this section. If the head of the displacing agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, he may offer that person relocation advisory services under the program.
(B) Each relocation assistance advisory program required by division (A) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to do all of the following:
(1) Determine the need, if any, of displaced persons for relocation assistance;
(2) Provide current and continuing information on the availability, prices, and rentals, of comparable decent, safe, and sanitary sales and rental housing, and of suitable commercial properties and locations for displaced businesses and farm operations;
(3) Assure that, within a reasonable period of time, prior to displacement there will be available comparable replacement dwellings, as defined by the head of the displacing agency, equal in number to the number of and available to the displaced persons who require such dwellings, except that the head of the displacing agency may prescribe by regulation situations when such assurances may be waived;
(4) Assist a displaced person displaced from his business or farm operation in obtaining and becoming established in a suitable replacement location;
(5) Supply information concerning federal and state housing programs, disaster loan programs, and other federal or state programs offering assistance to displaced persons;
(6) Provide other advisory services to displaced persons in order to minimize hardships to them in adjusting to relocation.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.57 | Replacement Housing.

Effective:
March 21, 1989
Latest Legislation:
House Bill 295 - 118th General Assembly
(A) If a project cannot proceed to actual construction because comparable replacement sale or rental housing is not available, and the head of the displacing agency determines that such housing cannot otherwise be made available, he may take such action as is necessary or appropriate to provide such housing by use of funds authorized for such project. The head of the displacing agency may use this section to exceed the maximum amounts which may be paid under sections 163.54 and 163.55 of the Revised Code on a case-by-case basis for good cause as determined in accordance with rules adopted under Chapter 119. of the Revised Code by the head of the lead agency.
(B) No person shall be required to move from his dwelling on account of any project, unless the displacing agency head is satisfied that replacement housing, in accordance with section 163.56 of the Revised Code, is available to such person.
(C) The acquisition of replacement housing sites and the acquisition, rehabilitation, relocation, and construction of replacement housing shall be considered to be for a public purpose, and displacing agencies may properly expend their respective funds to carry out the purposes of sections 163.51 to 163.62 of the Revised Code.
(D) In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons under sections 163.51 to 163.62 of the Revised Code, a displacing agency may enter into contracts with any individual, firm, association, or corporation for services in connection with such programs, or may carry out its functions under sections 163.51 to 163.62 of the Revised Code through any federal or state governmental agency or instrumentality having an established organization for conducting relocation assistance programs. The displacing agency shall, in carrying out the relocation assistance activities described in this section, whenever practicable, utilize the services of state or local housing agencies, or other agencies having experience in the administration or conduct of similar housing assistance activities.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.58 | Regulations and Procedure for Displacement Situations.

Effective:
March 21, 1989
Latest Legislation:
House Bill 295 - 118th General Assembly
(A) Except as otherwise provided in rules adopted under division (B) of this section, the head of each displacing agency is authorized to establish such regulations and procedures as he may determine to be necessary to assure:
(1) That the payments and assistance authorized by sections 163.51 to 163.62 of the Revised Code shall be administered in a manner which is fair and reasonable, and as uniform as practicable;
(2) That a displaced person who makes proper application for a payment authorized for such person by sections 163.51 to 163.62 of the Revised Code shall be paid promptly after a move or, in hardship cases, be paid in advance;
(3) That any person aggrieved by a determination as to eligibility for a payment authorized by such sections, or the amount of a payment, may have his application reviewed by the head of the displacing agency having authority over the applicable program or project.
(B) Notwithstanding any provision of the Revised Code to the contrary, the lead agency shall adopt such rules as may be necessary to implement sections 163.51 to 163.62 of the Revised Code in a manner which is as fair, reasonable, and uniform as practicable. As used in this section, "lead agency" means the state agency that the governor shall designate to carry out the duties prescribed by this division.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.60 | Acquiring Interest in Buildings Located on Acquired Real Property.

Effective:
June 11, 1971
Latest Legislation:
House Bill 295 - 109th General Assembly
(A) If the head of a state agency acquires any interest in real property, he shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which he requires to be removed from such real property or which he determines will be adversely affected by the use to which such real property will be put.
(B) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by division (A) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
(C) Payment under this section shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release all his right, title, and interest in and to such improvements.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.61 | Reimbursement of Incidental Expenses.

Effective:
June 11, 1971
Latest Legislation:
House Bill 295 - 109th General Assembly
The head of a state agency, as soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, shall reimburse the owner, to the extent the head of such agency considers fair and reasonable, for expenses he necessarily incurred for:
(A) Transfer taxes, and similar expenses incidental to conveying such real property to the state agency;
(B) Penalty costs for prepayment of any pre-existing recorded mortgage entered into in good faith encumbering such real property;
(C) The pro rata portion of any real property taxes paid which are allocable to a period subsequent to the date of vesting title in the state or state agency, or the effective date of possession of such real property by the agency, whichever is the earlier.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.62 | Reimbursement of Reasonable Costs, Disbursements, and Expenses.

Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
(A) The court having jurisdiction of a proceeding instituted by a state agency to acquire real property by condemnation shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceeding, as provided in division (G) of section 163.09 or division (A) or (C) of section 163.21 of the Revised Code, as applicable.
(B) Any award made pursuant to division (A) of this section shall be paid by the head of the agency for whose benefit the condemnation proceeding was instituted.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 163 | Appropriation of Property › Section 163.63 | Condemnation - Eminent Domain.

Effective:
October 10, 2007
Latest Legislation:
Senate Bill 7 - 127th General Assembly
Any reference in the Revised Code to any authority to acquire real property by "condemnation" or to take real property pursuant to a power of eminent domain is deemed to be an appropriation of real property pursuant to this chapter and any such taking or acquisition shall be made pursuant to this chapter.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 164 | Aid to Local Government Improvements › Section 164.03 | Dividing State Into Districts for Purpose of Allocating Funds.

Effective:
August 16, 2016
Latest Legislation:
Senate Bill 310 - 131st General Assembly
For the purpose of allocating the funds made available to finance public infrastructure capital improvement projects of local subdivisions through the issuance of general obligations of the state of Ohio pursuant to Section 2k, 2m, 2p, or 2s of Article VIII, Ohio Constitution, the state is divided into the following districts:
District one. Cuyahoga county shall constitute district one.
District two. Hamilton county shall constitute district two.
District three. Franklin county shall constitute district three.
District four. Montgomery county shall constitute district four.
District five. Defiance, Erie, Fulton, Henry, Ottawa, Paulding, Sandusky, Williams, and Wood counties shall constitute district five.
District six. Mahoning and Trumbull counties shall constitute district six.
District seven. Ashtabula, Geauga, Lake, and Portage counties shall constitute district seven.
District eight. Summit county shall constitute district eight.
District nine. Lorain, Huron, and Medina counties shall constitute district nine.
District ten. Butler, Clermont, Clinton, and Warren counties shall constitute district ten.
District eleven. Champaign, Clark, Darke, Greene, Madison, Miami, Preble, and Union counties shall constitute district eleven.
District twelve. Lucas county shall constitute district twelve.
District thirteen. Allen, Auglaize, Hancock, Logan, Mercer, Putnam, Shelby, and Van Wert counties shall constitute district thirteen.
District fourteen. Carroll, Columbiana, Coshocton, Guernsey, Harrison, Holmes, Jefferson, and Tuscarawas counties shall constitute district fourteen.
District fifteen. Adams, Brown, Fayette, Gallia, Highland, Jackson, Lawrence, Pike, Ross, Scioto, and Vinton counties shall constitute district fifteen.
District sixteen. Ashland, Crawford, Hardin, Marion, Richland, Seneca, Wayne, and Wyandot counties shall constitute district sixteen.
District seventeen. Delaware, Fairfield, Knox, Licking, Morrow, and Pickaway counties shall constitute district seventeen.
District eighteen. Athens, Belmont, Hocking, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, and Washington counties shall constitute district eighteen.
District nineteen. Stark county shall constitute district nineteen.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 164 | Aid to Local Government Improvements › Section 164.07 | Locating and Using Minority Business Enterprises.

Effective:
December 30, 2004
Latest Legislation:
House Bill 516 - 125th General Assembly
(A) In awarding contracts for capital improvement projects to be financed in whole or in part under this chapter, a local subdivision shall comply with the percentage requirements of section 125.081 of the Revised Code.
(B) A capital improvement that is financed in whole or in part under this chapter is a public improvement, and a subdivision undertaking a capital improvement is a public authority, for purposes of section 4115.03 of the Revised Code. All contractors and subcontractors working on a capital improvement financed in whole or in part under this chapter shall comply with sections 4115.03 to 4115.16 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 164 | Aid to Local Government Improvements › Section 164.15 | Township Contract to Pay Costs of Engineering Services.

Effective:
March 28, 1990
Latest Legislation:
House Bill 318 - 118th General Assembly
Notwithstanding any other section of the Revised Code, a board of township trustees may enter into a contract with the county engineer under which the board agrees to pay all or any part of the cost of engineering services to be provided to or obtained for the township by the county engineer that are necessary for projects awarded under this chapter.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 164 | Aid to Local Government Improvements › Section 164.16 | Appurtenances to Roads and Bridges to Enhance Safety of Animal-Drawn Vehicles, Pedestrians, and Bicycles.

Effective:
April 7, 2003
Latest Legislation:
House Bill 70 - 124th General Assembly
In the acquisition, construction, reconstruction, improvement, planning, or equipping of appurtenances to roads and bridges to enhance the safety of animal-drawn vehicles, pedestrians, and bicycles, eligible activities include, but are not limited, to the following:
(A) Constructing or widening shoulders, including widening of bridges and culverts and purchase of rights-of-way, if necessary;
(B) Constructing pull-off lanes for roadways with visibility issues;
(C) Improving vertical and horizontal curvature of roadways;
(D) Placement of warning signs for animal-drawn vehicle traffic, including automated flashing signs.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 164 | Aid to Local Government Improvements › Section 164.20 | Natural Resource Project Definitions.

Effective:
July 21, 2022
Latest Legislation:
House Bill 397 - 134th General Assembly
(A) Notwithstanding section 164.01 of the Revised Code, as used in sections 164.20 to 164.27 of the Revised Code, "local political subdivision" means a county, municipal corporation, township, conservancy district, soil and water conservation district, lake facilities authority, joint recreation district, park district, or other similar park authority.
(B) As used in sections 164.20 to 164.27 of the Revised Code, "nonprofit organization" means an environmental and conservation organization that is exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and described in 26 U.S.C. 501(c) and formed to protect the natural environment.
(C) For the purposes of sections 164.20 to 164.27 of the Revised Code, the definition of "project" in section 164.01 of the Revised Code does not apply.
Last updated April 26, 2022 at 4:20 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 164 | Aid to Local Government Improvements › Section 164.24 | Reviewing Application.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) A natural resources assistance council shall review each application for a grant submitted under section 164.23 of the Revised Code. In reviewing an application for the purpose of determining whether to approve or disapprove the application, a council shall consider all of the following criteria:
(1) Whether the project emphasizes the factors specified in division (A) or (B) of section 164.22 of the Revised Code;
(2) The amount of funding that is necessary for the completion of the project;
(3) The amount and percentage of the matching funds provided under the proposal;
(4) The level of coordination among local political subdivisions, state agencies, federal agencies, community organizations, conservation organizations, and local business groups;
(5) The level of coordination with projects being undertaken under the jurisdiction of other natural resources assistance councils throughout the state under sections 164.20 to 164.27 of the Revised Code;
(6) The relative economic, social, and environmental benefits that the proposed project will bring to the geographical area represented by the council as compared to other proposed projects;
(7) Whether the project incorporates more than one purpose for which grant moneys may be used as specified in section 164.22 of the Revised Code;
(8) Whether the general public will be given access to the project area upon the completion of the project;
(9) Whether the project will comply with all of the requirements established in sections 164.20 to 164.27 of the Revised Code;
(10) The readiness of the applicant to proceed with the project;
(11) Any other factors that are relevant to the project.
(B) A natural resources assistance council shall establish a prioritization and selection methodology system for applications submitted under section 164.23 of the Revised Code. The methodology shall be submitted to and approved by the director of the Ohio public works commission.
(C) In accordance with the methodology system established and approved under division (B) of this section, a natural resources assistance council shall approve or disapprove an application for a grant submitted to it after consideration of all of the criteria specified in divisions (A)(1) to (11) of this section. If the council approves an application, the council shall submit a copy of the application, along with all accompanying materials, to the Ohio public works commission for final approval or disapproval.
Last updated September 14, 2023 at 2:18 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 164 | Aid to Local Government Improvements › Section 164.25 | Approving Application.

Effective:
July 26, 2001
Latest Legislation:
House Bill 3 - 124th General Assembly
The director of the Ohio public works commission shall approve applications for grants submitted under sections 164.20 to 164.27 of the Revised Code if all of the following apply:
(A) The approval of the application by the applicable natural resources assistance council was reasonably based on the criteria specified in divisions (A)(1) to (11) of section 164.24 of the Revised Code.
(B) The application for a grant and the proposed project for which the grant is to be used comply with all other requirements established under sections 164.20 to 164.27 of the Revised Code.
(C) The amount of the financial assistance, when added to all other financial assistance provided during the calendar year for projects within the district for which a natural resources assistance council was appointed, does not exceed that district's allocation of money from the clean Ohio conservation fund under section 164.27 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 164 | Aid to Local Government Improvements › Section 164.26 | Establishing Policies for Open Space Acquisition.

Effective:
July 21, 2022
Latest Legislation:
House Bill 397 - 134th General Assembly
(A) The director of the Ohio public works commission shall establish policies related to the need for long-term ownership, or long-term control through a lease or the purchase of an easement, of real property that is the subject of an application for a grant under sections 164.20 to 164.27 of the Revised Code and establish requirements for documentation to be submitted by grant applicants that is necessary for the proper administration of this division. The policies shall provide for proper liquidated damages and grant repayment for entities that fail to comply with the long-term ownership or control requirements established under this division.
The director also shall adopt policies delineating what constitutes administrative costs for purposes of division (F) of section 164.27 of the Revised Code.
(B) The Ohio public works commission shall administer sections 164.20 to 164.27 of the Revised Code and shall exercise any authority and use any procedures granted or established under sections 164.02 and 164.05 of the Revised Code that are necessary for that purpose.
(C) Technical assistance provided by the Ohio public works commission does not constitute approval or denial of an application submitted under section 164.23 of the Revised Code.
Last updated April 26, 2022 at 4:22 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 164 | Aid to Local Government Improvements › Section 164.261 | Repayment of Grant.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
All of the following apply to any repayment of a grant awarded under sections 164.20 to 164.27 of the Revised Code:
(A) The Ohio public works commission shall deposit the grant repayment into the clean Ohio conservation fund created in section 164.27 of the Revised Code.
(B) The commission shall return the grant repayment to the natural resource assistance council that approved the grant application.
(C) The grant repayment shall be used for the same purpose as the grant was originally approved for, as provided in section 164.22 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 164 | Aid to Local Government Improvements › Section 164.27 | Clean Ohio Conservation Fund.

Effective:
September 26, 2003
Latest Legislation:
House Bill 95 - 125th General Assembly
(A) The clean Ohio conservation fund is hereby created in the state treasury. Seventy-five per cent of the net proceeds of obligations issued and sold by the issuing authority pursuant to sections 151.01 and 151.09 of the Revised Code shall be deposited into the fund. Investment earnings of the fund shall be credited to the fund and may be used to pay costs incurred by the Ohio public works commission in administering sections 164.20 to 164.27 of the Revised Code. Moneys in the clean Ohio conservation fund shall be used to make grants to local political subdivisions and nonprofit organizations for projects that have been approved for grants under sections 164.20 to 164.27 of the Revised Code.
The clean Ohio conservation fund shall be administered by the Ohio public works commission.
(B) For the purpose of grants issued under sections 164.20 to 164.27 of the Revised Code, moneys shall be allocated on an annual basis from the clean Ohio conservation fund to districts represented by natural resources assistance councils as follows:
(1) Each district shall receive an amount that is equal to one-fourth of one per cent of the total annual amount allocated to all districts each year for each county that is represented by the district.
(2) The remaining moneys shall be allocated to each district annually on a per capita basis.
(C) A grant that is awarded under sections 164.20 to 164.27 of the Revised Code may provide up to seventy-five per cent of the estimated cost of a project. Matching funds from a grant recipient may consist of contributions of money by any person, any local political subdivision, or the federal government or of contributions in-kind by such entities through the purchase or donation of equipment, land, easements, interest in land, labor, or materials necessary to complete the project.
(D) The director of the Ohio public works commission shall notify the director of budget and management of the amounts allocated pursuant to this section, and that information shall be entered in the state accounting system. The director of budget and management may establish appropriate line items or other mechanisms that are needed to track the allocations.
(E) Grants awarded under sections 164.20 to 164.27 of the Revised Code from the clean Ohio conservation fund shall be used by a local political subdivision or nonprofit organization only to pay the costs related to the purposes for which grants may be issued under section 164.22 of the Revised Code and shall not be used by a local political subdivision or nonprofit organization to pay any administrative costs incurred by the local political subdivision or nonprofit organization.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 165 | Industrial Development Bonds › Section 165.04 | Permitted Provisions in Bond Proceedings.

Effective:
June 26, 1967
Latest Legislation:
Senate Bill 273 - 107th General Assembly
The bond proceedings may contain provisions which shall be part of the contract with the bondholders as to:
(A) Pledging the rentals, revenues, and other income, charges, and moneys therein designated for the payment of the principal of and interest on the bonds and all other payments required to be made by the bond proceedings;
(B) Acquisition by gift or purchase, construction, reconstruction, enlargement, improvement, furnishing, equipment, operation, alteration, maintenance, insurance, and repair of the pledged facilities and the duties of the issuing authority with respect thereto;
(C) Provisions regarding the purposes to which the proceeds of the bonds may be applied;
(D) Terms of the bonds;
(E) Maintenance, collection, use and disposition of rentals, revenues, and other income, charges, and moneys received from the lease, sale, or other disposition of the pledged facilities;
(F) Terms and conditions under which additional bonds may be issued secured by a pledge of rentals, revenues, and other income, charges, and moneys received from or a mortgage on the same pledged facilities;
(G) Terms of any trust agreement or indenture of mortgage securing the bonds including authorization to enter into such agreement or indenture;
(H) The deposit, application, safeguarding, and investment of funds of the issuer received or held under the bond proceedings, to which Chapters 131. and 135. and sections 122.57, 122.571, 122.58, and 321.44 of the Revised Code are not applicable.
(I) Any other appropriate agreements with the bondholders with respect to the pledged facilities and the rentals, revenues, and other income, charges, and moneys received therefrom ;
2023 Ohio Revised Code › Title 1 | State Government › Chapter 165 | Industrial Development Bonds › Section 165.05 | Securing Bonds.

Effective:
June 26, 1967
Latest Legislation:
Senate Bill 273 - 107th General Assembly
(A) In the discretion of the issuing authority, the bonds may be secured by a trust agreement or indenture of mortgage between the issuer and a corporate trustee which may be any trust company or bank having the powers of a trust company within or without this state but authorized to exercise trust powers within this state.
(B) Any such trust agreement or indenture of mortgage may contain the resolution or ordinance authorizing the issuance of the bonds and other provisions which are customary or appropriate in an agreement or indenture of such type, including but not limited to:
(1) A pledge of the rentals, revenues, and other income, charges, and moneys out of which the principal of and interest on the bonds shall be payable and a mortgage of all or any part of the pledged facilities, including any enlargements of and additions to such pledged facilities thereafter made.
(2) Maintenance of each pledge, trust agreement, and indenture of mortgage made for the security of any of the bonds until the issuer has fully paid the principal of and interest on the bonds, or provision therefor has been made, for the security of which the pledge has been made and the trust agreement or indenture of mortgage has been given.
(3) In the event of default in any payments required to be made by the bond proceedings, or any other agreement of the issuer made as a part of the contract under which the bonds were issued, enforcement of such payments or agreement by mandamus, the appointment of a receiver in equity, or if a mortgage has been given, the foreclosure of such mortgage, or any combination of the foregoing.
(4) The rights and remedies of the bondholders and of the trustee and provisions for protecting and enforcing them, including limitations on rights of individual bondholders.
(5) Such other provisions as the trustee, the original purchaser of the bonds, and the issuing authority agree upon.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 165 | Industrial Development Bonds › Section 165.06 | Protection and Enforcement of Rights of Bondholder and Trustees.

Effective:
June 26, 1967
Latest Legislation:
Senate Bill 273 - 107th General Assembly
Any holder of bonds issued pursuant to Chapter 165. of the Revised Code or a trustee under a trust agreement or indenture of mortgage entered into pursuant to section 165.05 of the Revised Code, except to the extent that their rights are restricted by the bond proceedings or by the terms of the bonds, may by any suitable form of legal proceedings, protect and enforce any rights under the laws of this state or granted by the bond proceedings. Such rights include the right to compel the performance of all duties of the issuer required by Chapter 165. of the Revised Code or the bond proceedings; to enjoin unlawful activities; and in the event of default with respect to the payment of any principal of and interest on any bond or in the performance of any covenant or agreement on the part of the issuer in the resolution, ordinance, trust agreement, or indenture, to apply to a court having jurisdiction of the cause to appoint a receiver to administer and operate the pledged facilities, the rentals, revenues, and other income, charges, and moneys of which are pledged to the payment of principal of and interest on such bonds or which are the subject of the covenant or agreement, with full power to pay, and to provide for payment of, principal of and interest on such bonds, and with such powers, subject to the direction of the court, as are accorded receivers in general equity cases, excluding any power to pledge additional rentals, revenues, or other income, charges, or moneys of the issuer, including those derived from taxation, to the payment of such principal and interest; and to foreclose the mortgage on the pledged facilities in the same manner as for real estate of private corporations.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 165 | Industrial Development Bonds › Section 165.07 | Refunding Bonds.

Effective:
December 15, 1977
Latest Legislation:
Senate Bill 342 - 112th General Assembly
The issuing authority may issue refunding bonds of the issuer to refund any bonds previously issued under Chapter 165. or 761. of the Revised Code, for any of the following purposes:
(A) Refunding bonds which have matured or are about to mature when the rentals, revenues, and other income, charges, and moneys pledged for the payment of such bonds are insufficient to pay bonds which have matured or are about to mature or to make payments to other funds required by the bond proceedings;
(B) Refunding any bonds as an incident to providing funds for reconstructing, enlarging, improving, or providing additional furnishings or equipment for the pledged facilities as to bonds originally issued under Chapter 165. of the Revised Code and for the project as to bonds originally issued under Chapter 761. of the Revised Code;
(C) Refunding all of the outstanding bonds of any issue, both matured and unmatured, when the rentals, revenues, or other income, charges, or moneys pledged for the payment of such bonds are insufficient to pay bonds which have matured or are about to mature or to make payments to other funds required by the bond proceedings, if such outstanding bonds can be retired by call, at maturity, or with the consent of the holders thereof, whether from the proceeds of the sale of the refunding bonds or by exchange for the refunding bonds, provided that the principal amount of refunding bonds shall not exceed in amount the aggregate of the par value of the bonds to be retired, any redemption premium, past due and future interest to the date of maturity or proposed redemption that cannot otherwise be paid, and funds, if any, to reconstruct, enlarge, improve, furnish, or equip, or any combination thereof, the pledged facilities as to bonds originally issued under Chapter 165. of the Revised Code, or the project as to bonds originally issued under Chapter 761. of the Revised Code;
(D) Refunding any bonds of the issuer previously issued when the refunding bonds will bear interest at a lower rate than the bonds to be refunded, when the interest cost of the refunding bonds computed to be absolute maturity will be less than the interest cost of the bonds to be refunded, or when the average life of the refunding bonds will be greater than the remaining average life of the bonds to be refunded.
Refunding bonds issued pursuant to this section shall mature not later than thirty years from date of issue. Except as provided in this section, the terms of the issuance and sale of refunding bonds shall be as provided in Chapter 165. of the Revised Code for an original issue of bonds.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 165 | Industrial Development Bonds › Section 165.08 | Bonds Are Lawful Investments.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
Bonds issued under this chapter are lawful investments of banks, societies for savings, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions and taxing districts of this state, the commissioners of the sinking fund of the state, the administrator of workers' compensation, the state teachers retirement system, the public employees retirement system, the school employees retirement system, and the Ohio police and fire pension fund are also acceptable as security for the deposit of public moneys.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 165 | Industrial Development Bonds › Section 165.09 | Exemptions From Tax.

Effective:
October 21, 2003
Latest Legislation:
Senate Bill 37, House Bill 95 - 125th General Assembly
Any real or personal property, or both, of an issuer that is acquired, constructed, reconstructed, enlarged, improved, furnished or equipped, or any combination thereof, and leased or subleased under authority of either Chapter 165. or 761. of the Revised Code shall be subject to ad valorem, sales, use, and franchise taxes and to zoning, planning, and building regulations and fees, to the same extent and in the same manner as if the lessee-user or sublessee-user thereof, rather than the issuer, had acquired, constructed, reconstructed, enlarged, improved, furnished, or equipped, or any combination thereof, such real or personal property, and title thereto was in the name of such lessee-user or sublessee-user.
The transfer of tangible personal property by lease or sublease under authority of either Chapter 165. or 761. of the Revised Code is not a sale as used in Chapter 5739. of the Revised Code. The exemptions provided in divisions (B)(1) and (B)(13) of section 5739.02 of the Revised Code shall not be applicable to purchases for a project under either Chapters 165. or 761. of the Revised Code.
An issuer shall be exempt from all taxes on its real or personal property, or both, that has been acquired, constructed, reconstructed, enlarged, improved, furnished, or equipped, or any combination thereof, under Chapter 165. or 761. of the Revised Code, so long as such property is used by the issuer for purposes that would otherwise exempt such property; has ceased to be used by a former lessee-user or sublessee-user and is not occupied or used; or has been acquired by the issuer, but development has not yet commenced. The exemption shall be effective as of the date the exempt use begins. All taxes on the exempt real or personal property for the year should be prorated and the taxes for the exempt portion of the year shall be remitted by the county auditor.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 165 | Industrial Development Bonds › Section 165.10 | Paying Installments of Assessment.

Effective:
June 26, 1967
Latest Legislation:
Senate Bill 273 - 107th General Assembly
When a special assessment is made on real property owned by an issuer and leased under authority of Chapter 165. or 761. of the Revised Code, the installments of the assessment shall be paid by the lessee of such real property so long as such property shall be leased and any installment thereof remaining unpaid at the termination of any such lease shall thereafter be paid by the issuer so long as such property is owned by it.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 165 | Industrial Development Bonds › Section 165.11 | Conveyance or Exchange of Public Property.

Effective:
June 26, 1967
Latest Legislation:
Senate Bill 273 - 107th General Assembly
The state or any political subdivision, taxing district, or other public body of this state may, without competitive bidding, convey or exchange with an issuer, for use in connection with a project, any or all of its interests in real or personal property, or both, not needed by the grantor. Any conveyance by the state shall be authorized by the director, board, or commission having control of such property and approved by the governor and by the state controlling board. The interest in such property to be conveyed shall be appraised at its fair market value and such appraisal value shall be the conveyance price. The appraised fair market value of any property exchanged under the provisions of this section shall be substantially equal to the aggregate of the appraised fair market value of the property for which it is exchanged and any moneys paid to the grantor in consideration of such exchange. The political subdivision, taxing district, or other public body shall prescribe the form of its deed, and any deed from the state shall be prepared and recorded as provided in sections 5301.13 to 5301.17, inclusive, of the Revised Code.