Ohio Code § 5722.04

§ 5722.04.

(A) Upon receipt of an ordinance or resolution adopted pursuant to section 5722.02 of the Revised Code , the county auditor shall deliver to the electing subdivision a list of all delinquent

lands within an electing subdivision's boundaries that have been forfeited to the

state pursuant to section 5723.01 of the Revised Code and thereafter shall notify the electing subdivision of any additions to or deletions

from such list. The electing subdivision shall select from such lists the forfeited lands that constitute

nonproductive lands that the subdivision wishes to acquire, and shall notify the county

auditor of its selection prior to the advertisement and sale of such lands.  Notwithstanding the sales price provisions of division (A)(1) of section 5723.06 of the Revised Code , the selected nonproductive lands shall be advertised for sale and be sold to the

highest bidder for an amount at least sufficient to pay the amount determined under division (A)(2) of section 5721.16 of the Revised Code .  All nonproductive lands forfeited to the state and selected by an electing subdivision,

when advertised for sale pursuant to the relevant procedures set forth in Chapter

5723. of the Revised Code, shall be advertised separately from the advertisement applicable

to other forfeited lands.  The advertisement relating to the selected nonproductive lands also shall include

a statement that the lands have been selected by the electing subdivision as nonproductive

lands that it wishes to acquire and that, if at the forfeiture sale no bid for the

sum of the taxes, assessments, charges, penalties, interest, and costs due on the

parcel as determined under division (A)(1)(a) of section 5723.06 of the Revised Code is received, the lands shall be sold to the electing subdivision. (B) If any nonproductive land that has been forfeited to the state and selected by an

electing subdivision is advertised and offered for sale by the auditor pursuant to

Chapter 5723. of the Revised Code, but no minimum bid is received, the electing subdivision

shall be deemed to have submitted the winning bid, and the land is deemed sold to

the electing subdivision for no consideration other than the fee charged under division

(C) of this section.  If both a county and a township in that county have adopted a resolution pursuant

to section 5722.02 of the Revised Code and both subdivisions select the same parcel or parcels of land, the electing subdivision

deemed to have submitted the winning bid under this division shall be determined pursuant

to division (D) of section 5722.03 of the Revised Code . The auditor shall announce the bid at the sale and shall declare the selected nonproductive

land to be sold to the electing subdivision.  The auditor shall deliver to the electing subdivision a certificate of sale. (C) On the returning of the certificate of sale to the auditor, the auditor shall execute

and file for recording a deed conveying title to the selected nonproductive land and,

once the deed has been recorded, deliver it to the electing subdivision.  Thereupon, all previous title is extinguished, and the title in the electing subdivision

is incontestable and free and clear from all liens and encumbrances, except taxes

and special assessments that are not due at the time of the sale and any easements

and covenants of record running with the land and created prior to the time at which

the taxes or assessments, for the nonpayment of which the nonproductive land was forfeited,

became due and payable. When title to a parcel of land upon which a lien has been placed under section 715.261 , 743.04 , or 6119.06 of the Revised Code is transferred to a county land reutilization corporation under this section, the

lien on the parcel shall be extinguished if the lien is for costs or charges that

were incurred before the date of the transfer to the corporation and if the corporation

did not incur the costs or charges, regardless of whether the lien was attached or

the costs or charges were certified before the date of transfer.  In such a case, the corporation and its successors in title shall take title to

the property free and clear of any such lien and shall be immune from liability in

any action to collect such costs or charges. If a county land reutilization corporation takes title to property before any costs

or charges have been certified or any lien has been placed with respect to the property

under section 715.261 , 743.04 , or 6119.06 of the Revised Code , the corporation shall be deemed a bona fide purchaser for value without knowledge

of such costs or lien, regardless of whether the corporation had actual or constructive

knowledge of the costs or lien, and any such lien shall be void and unenforceable

against the corporation and its successors in title. At the time of the sale, the auditor shall collect and the electing subdivision shall

pay the fee required by law for transferring and recording of deeds. Upon delivery of a deed conveying any nonproductive land to an electing subdivision,

the county auditor shall charge all costs incurred in any proceeding instituted under section 5721.14 or 5721.18 of the Revised Code or incurred as a result of the forfeiture and sale of the nonproductive land to the

taxing districts, including the electing subdivision, in direct proportion to their

interest in the taxes, assessments, charges, interest, and penalties on the nonproductive

land due and payable at the time the land was sold at the forfeiture sale.  The interest of each taxing district in the taxes, assessments, charges, penalties,

and interest on the nonproductive land shall bear the same proportion to the amount

of those taxes, assessments, charges, penalties, and interest that the amount of taxes

levied by each district against the nonproductive land in the preceding tax year bears

to the taxes levied by all such districts against the nonproductive land in the preceding

tax year.  If the electing subdivision is a county land reutilization corporation and the nonproductive

land is sold or transferred to the corporation, the corporation shall be deemed to

have the proportionate interest of the county designating or organizing such corporation

in the taxes, assessments, charges, penalties, and interest on the nonproductive land

in the county.  In making a semiannual apportionment of funds, the auditor shall retain at the next

apportionment the amount charged to each such taxing district, except that in the

case of nonproductive land conveyed to a county land reutilization corporation the

auditor shall invoice the corporation the amount charged to it. (D) If no political subdivision has requested to purchase a parcel of land at a foreclosure

sale, any lands otherwise forfeited to the state for want of a bid at the foreclosure

sale may, upon the request of a county land reutilization corporation, be transferred

directly to the corporation without appraisal or public bidding.