Effective: April 7, 2009
Latest Legislation: Senate Bill 353 - 127th General Assembly
(A) In lieu of utilizing the judicial foreclosure proceedings and other procedures and remedies available under sections 323.25 to 323.28 or under Chapter 5721., 5722., or 5723. of the Revised Code, a county board of revision created under section 5715.01 of the Revised Code, upon the board's initiative, expressed by resolution, may foreclose the state's lien for real estate taxes upon abandoned land in the county and, upon the complaint of a certificate holder or county land reutilization corporation, foreclose the lien of the state or the certificate holder held under sections 5721.30 to 5721.43 of the Revised Code. The board shall order disposition of the abandoned land by public auction or by other conveyance in the manner prescribed by sections 323.65 to 323.79 of the Revised Code.
(B)(1) A county board of revision may adopt rules as are necessary to administer cases subject to its jurisdiction under Chapter 5715. or adjudicated under sections 323.65 to 323.79 of the Revised Code, as long as the rules are consistent with rules adopted by the tax commissioner under Chapter 5715. of the Revised Code. Rules adopted by a board shall be limited to rules relating to hearing procedure, the scheduling and location of proceedings, case management, and practice forms.
(2) A county board of revision, upon any adjudication of foreclosure under sections 323.65 to 323.79 of the Revised Code, may prepare final orders of sale and deeds. For such purposes, the board may create its own order of sale and deed forms. The sheriff or clerk of court shall execute and deliver any forms prepared under this division in the manner prescribed in sections 323.65 to 323.79 of the Revised Code.
(C) In addition to all other duties and functions provided by law, under sections 323.65 to 323.79 of the Revised Code the clerk of court, in the same manner as in civil actions, shall provide summons and notice of hearings, maintain an official case file, docket all proceedings, and tax as costs all necessary actions in connection therewith in furtherance of the foreclosure of abandoned land under those sections. The county board of revision shall file with the clerk of court all orders and adjudications of the board, and the clerk shall docket, as needed, and journalize all orders and adjudications so filed by the board. The clerk may utilize the court's existing journal or maintain a separate journal for purposes of sections 323.65 to 323.79 of the Revised Code. Other than notices of hearings, the orders and adjudications of the board shall not become effective until journalized by the clerk. Staff of the board of revision may schedule and execute, and file with the clerk of courts, notices of hearings.
(D) For the purpose of efficiently and promptly implementing sections 323.65 to 323.79 of the Revised Code, the prosecuting attorney of the county, the county treasurer, the clerk of court of the county, the county auditor, and the sheriff of the county may promulgate rules, not inconsistent with sections 323.65 to 323.79 of the Revised Code, regarding practice forms, forms of notice for hearings and notice to parties, forms of orders and adjudications, fees, publication, and other procedures customarily within their official purview and respective duties.
Structure Ohio Revised Code
Chapter 323 | Collection of Taxes
Section 323.01 | Collection of Taxes Definitions.
Section 323.011 | Taxes Defined for Certain Sections.
Section 323.02 | Acceptance of Claim by County Treasurer - Certificates - Assignment of Certificate.
Section 323.03 | Certificates to Be Dated.
Section 323.04 | Payment of Taxes With Liquidated Claims.
Section 323.05 | Claims and Certificates Nonnegotiable - Exception.
Section 323.06 | Payment of Special Assessments With Assessment Bonds.
Section 323.07 | County Treasurer Authorized to Accept Bonds - No Cash Refunds - Distribution.
Section 323.08 | Publishing Schedule of Tax Rates and Effective Rates.
Section 323.09 | Office of County Treasurer Open for Collection of Taxes.
Section 323.11 | State's Lien for Taxes Attaches and Continues Until Paid.
Section 323.12 | Payment of Taxes.
Section 323.122 | Extension for Payment of Real Property Tax for Members of Armed Forces.
Section 323.13 | Tax Bill Mailed or Delivered - Failure to Receive Bill.
Section 323.131 | Form and Contents of Tax Bill.
Section 323.132 | Paying Delinquent Taxes.
Section 323.133 | Payment of Portion of Taxes Where Application for Exemption Is Pending.
Section 323.14 | Receipt for Payment of Taxes - Form.
Section 323.15 | Payment of Less Than Full Amount Due - Payment by Owner of Undivided Interest.
Section 323.151 | Valuation of Homestead Property Definitions.
Section 323.152 | Reductions in Taxable Value.
Section 323.153 | Application for Reduction in Real Property Taxes.
Section 323.154 | Issuing Certificate of Reduction.
Section 323.155 | Tax Bill to Reflect Reductions.
Section 323.157 | Employees - Adoption of Rules.
Section 323.158 | Partial Real Property Tax Exemption.
Section 323.16 | Partial Real Property Tax Exemption for Child Care Center.
Section 323.17 | Extending Time for Delivery of Tax Duplicate.
Section 323.25 | Enforcing Tax Lien.
Section 323.251 | Authority of Tax Commissioner Relative to Actions of Local Authorities.
Section 323.26 | Allegations in Petition - Evidence.
Section 323.27 | Joinder of Causes of Action.
Section 323.28 | Finding and Decree - Appraisal and Sale of Property - Proceeds of Sale.
Section 323.29 | Partial Payment of Delinquent Taxes.
Section 323.30 | Receipt for Installment Payment - Contents - Entry by County Treasurer.
Section 323.31 | Delinquent Tax Contract With Treasurer.
Section 323.41 | Duty of Holder of Land to Pay Taxes - Agents - Liability of Guardian.
Section 323.42 | Recovering Advances or Expenses.
Section 323.43 | Authorizing or Consenting to Payment by Taxes by Another.
Section 323.44 | Forfeiture of Life Estate for Failure to Pay Taxes.
Section 323.45 | Lien for Taxes Paid by Lienholder.
Section 323.47 | Lien on Land to Be Discharged Out of Proceeds of Sale.
Section 323.48 | Lien of Part Owner Who Pays Tax.
Section 323.49 | Power of County Treasurer to Become Receiver of Land - Procedure - Exception.
Section 323.51 | Prosecuting Attorney Shall Represent County Treasurer.
Section 323.61 | Tax Receiving Offices - Location.
Section 323.611 | Contracting With Financial Institution to Process Payments, Checks and Fees.
Section 323.62 | Notice to Taxpayer.
Section 323.63 | Depositing Money Received in Payment of Taxes.
Section 323.65 | Expedited Foreclosure on Unoccupied Land Definitions.
Section 323.66 | Expedited Foreclosure by Board of Revision on Unoccupied Land.
Section 323.67 | List of Parcels of Abandoned Land.
Section 323.68 | Title Search to Identify Persons With Interest in Land.
Section 323.69 | Complaint for Foreclosure - Dismissal by Board.
Section 323.691 | Transfer of Complaint to Court of Common Pleas or Municipal Court.
Section 323.70 | Final Hearing on Complaint - Dismissal on Petition.
Section 323.71 | Procedure Where Impositions Exceed Fair Market Value.
Section 323.72 | Answer - Hearing on or Dismissal of Complaint.
Section 323.73 | Disposal of Abandoned Land at Public Auction.
Section 323.74 | Disposition of Abandoned Land Not Sold at Auction.
Section 323.75 | Apportionment of Costs of Sale at Auction.
Section 323.76 | Termination of Right of Redemption on Sale or Transfer.
Section 323.77 | Notice by Electing Subdivision of Desire to Acquire Land.
Section 323.78 | Invocation of Alternative Redemption Period.
Section 323.79 | Appeal by Aggrieved Party in Court of Common Pleas.