Ohio Revised Code
Chapter 323 | Collection of Taxes
Section 323.74 | Disposition of Abandoned Land Not Sold at Auction.

Effective: October 16, 2009
Latest Legislation: House Bill 1 - 128th General Assembly
(A) If a public auction is held for abandoned land pursuant to section 323.73 of the Revised Code, but the land is not sold at the public auction, the county board of revision may order the disposition of the abandoned land in accordance with division (B) or (C) of this section.
(B) The abandoned land offered for sale at a public auction as described in section 323.73 of the Revised Code, but not sold at the auction, may be offered for sale in any usual and customary manner by the sheriff as otherwise provided by law. The subsequent public auction may be held in the same manner as the public auction was held under section 323.73 of the Revised Code, but the minimum bid at an auction held under this division shall be the lesser of fifty per cent of fair market value of the abandoned land as currently shown by the county auditor's latest valuation, or the sum of the impositions against the abandoned land plus the costs apportioned to the land under section 323.75 of the Revised Code. Notice of any subsequent sale pursuant to this section may be given in the original notice of sale listing the time, date, and place of the subsequent sale.
(C) Upon certification from the sheriff that abandoned land was offered for sale at a public auction as described in section 323.73 of the Revised Code but was not purchased, a community development organization or any school district, municipal corporation, county, or township in which the land is located may request that title to the land be transferred to the community development organization, school district, municipal corporation, county, or township at the time described in this division. The request shall be delivered to the board of revision at any time from the date the complaint for foreclosure is filed under section 323.69 of the Revised Code, but not later than sixty days after the date on which the land was first offered for sale. The request shall include a representation that the organization, district, or political subdivision, not later than thirty days after receiving legal title to the abandoned land, will begin basic exterior improvements that will protect the land from further unreasonable deterioration. The improvements shall include, but are not limited to, the removal of trash and refuse from the exterior of the premises and the securing of open, vacant, or vandalized areas on the exterior of the premises. The representation shall be deemed to have been given if the notice is supplied by an electing subdivision as defined in section 5722.01 of the Revised Code.
(D) The county board of revision, upon any adjudication of foreclosure and forfeiture against the abandoned land, may order the sheriff to dispose of the abandoned land as prescribed in sections 323.65 to 323.79 of the Revised Code. The order by the board shall include instructions to the sheriff to transfer the land to the specified community development organization, school district, municipal corporation, county, or township after payment of the costs of disposing of the abandoned land pursuant to section 323.75 of the Revised Code or, if any negotiated price has been agreed to between the county treasurer and the community development organization, school district, municipal corporation, county, or township, after payment of that negotiated price as certified by the board to the sheriff.
(E) Upon receipt of payment under this section, the sheriff shall convey by sheriff's deed the fee simple interest in, and to, the abandoned land. If the abandoned land is transferred pursuant to division (D) of this section and the county treasurer reasonably determines that the transfer will result in the property being occupied, the county treasurer may waive, but is not required to waive, some or all of the impositions against the abandoned land or costs apportioned to the land under section 323.75 of the Revised Code.
(F) Upon a transfer under this section, all liens for taxes due at the time the deed of the property is conveyed to a purchaser or transferred to a community development organization, school district, municipal corporation, county, or township, and liens subordinate to liens for taxes, shall be deemed satisfied and discharged.
(G) Any parcel that has been advertised and offered for sale pursuant to foreclosure proceedings and has not sold for want of bidders or been otherwise transferred under sections 323.65 to 323.79 of the Revised Code shall be forfeited or otherwise disposed of in the same manner as lands under section 323.25 or 5721.18 or Chapter 5723. of the Revised Code.

Structure Ohio Revised Code

Ohio Revised Code

Title 3 | Counties

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 323.071 | Advance Payment of Installments of Special Assessment - Cancellation of Installments - Use of Money.

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 323.121 | Penalty and Interest for Failure to Pay Real Estate Taxes and Installments When Due.

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 323.134 | Agreements for Information Exchanges Limited Exclusively to Purpose of Real Property Tax Billing and Payment.

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 323.156 | Payment of Homestead Exemption to County's Undivided Income Tax Fund From State General Fund.

Section 323.157 | Employees - Adoption of Rules.

Section 323.158 | Partial Real Property Tax Exemption.

Section 323.159 | Applying Homestead Exemption to Nonprofit Corporation That Owns and Operates Housing Cooperatives.

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 323.32 | Payments Received in Settlement of Claims Arising From Delinquent Property Tax Charges and Ordered to Be Paid by Railroad Company Under Plan of Reorganization.

Section 323.33 | Delinquent Amounts Most Likely Uncollectible Except Through Foreclosure or Through Foreclosure and Forfeiture.

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 323.46 | Rights of Joint Owner Who Pays His Portion of Tax - Liability of Nonpaying Joint Owner.

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 323.50 | Decision of Court - Rental Value of Commercial Property - Ability to Collect Taxes From Income - Discharge of Receiver.

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.

Section 323.99 | Penalty.