Effective: March 23, 2022
Latest Legislation: Senate Bill 166 - 134th General Assembly
(A) Except as otherwise provided in division (B) or (C) of this section, prior to taking formal action to adopt or enter into any instrument granting a tax exemption under section 725.02, 1728.06, 5709.40, 5709.41, 5709.45, 5709.62, 5709.63, 5709.632, 5709.73, 5709.78, 5709.84, or 5709.88 of the Revised Code or formally approving an agreement under section 3735.671 of the Revised Code, or prior to forwarding an application for a tax exemption for residential property under section 3735.67 of the Revised Code to the county auditor, the legislative authority of the political subdivision or housing officer shall notify the board of education of each city, local, exempted village, or joint vocational school district in which the proposed tax-exempted property is located. The notice shall include a copy of the instrument or application. The notice shall be delivered not later than fourteen days prior to the day the legislative authority takes formal action to adopt or enter into the instrument, or not later than fourteen days prior to the day the housing officer forwards the application to the county auditor. If the board of education comments on the instrument or application to the legislative authority or housing officer, the legislative authority or housing officer shall consider the comments. If the board of education of the city, local, exempted village, or joint vocational school district so requests, the legislative authority or the housing officer shall meet in person with a representative designated by the board of education to discuss the terms of the instrument or application.
(B) The notice otherwise required to be provided to boards of education under division (A) of this section is not required if the board has adopted a resolution waiving its right to receive such notices, and that resolution remains in effect. If a board of education adopts such a resolution, the board shall cause a copy of the resolution to be certified to the legislative authority. If the board of education rescinds such a resolution, it shall certify notice of the rescission to the legislative authority. A board of education may adopt such a resolution with respect to any one or more counties, townships, or municipal corporations situated in whole or in part within the school district.
(C) If a legislative authority is required to provide notice to a city, local, or exempted village school district of its intent to adopt or enter into any instrument granting a tax exemption as required by section 3735.671, 5709.40, 5709.41, 5709.45, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the Revised Code, the legislative authority, before adopting a resolution or ordinance or entering into an agreement under that section, shall notify the board of education of each joint vocational school district in which the property to be exempted is located using the same time requirements for the notice that applies to notices to city, local, and exempted village school districts. The content of the notice and procedures for responding to the notice are the same as required in division (A) of this section.
Last updated January 20, 2022 at 9:06 AM
Structure Ohio Revised Code
Chapter 5709 | Taxable Property - Exemptions
Section 5709.01 | Taxable Property Entered on General Tax List and Duplicate.
Section 5709.02 | Taxable Property to Be Entered on Classified Tax List and Duplicate.
Section 5709.03 | Fixing Situs of Certain Classes of Property Within or Without This State.
Section 5709.04 | Exemption of Intangible Property.
Section 5709.041 | Exemption of Certain Deposits.
Section 5709.05 | When Former Public Lands Become Taxable.
Section 5709.07 | Exemption of Schools, Churches, and Colleges.
Section 5709.08 | Exemption of Government and Public Property.
Section 5709.081 | Exempting Public Recreational Facility Used for Athletic Events.
Section 5709.083 | Exemption for Eligible County Projects.
Section 5709.084 | Exemption of Convention Centers.
Section 5709.09 | Exemption of Nature Preserves and Environmental Projects.
Section 5709.10 | Exemption of Public Property.
Section 5709.101 | Exemptions for Certain Real Property.
Section 5709.11 | Exemption of Municipal Utility Works.
Section 5709.112 | Exemption of Tangible Personal Property Used in Oil or Gas Recovery.
Section 5709.12 | Exemption of Property Used for Public or Charitable Purposes.
Section 5709.121 | Exclusive Charitable or Public Purposes Defined.
Section 5709.13 | Exemption of Property Used as Children's Homes.
Section 5709.14 | Exemption of Graveyards.
Section 5709.15 | Exemption of Veterans Funds and Monuments.
Section 5709.16 | Exemption of Monuments and Memorials.
Section 5709.18 | Exemption of Prehistoric Earthworks or Historic Buildings.
Section 5709.19 | Deduction for Domestic Animals.
Section 5709.20 | Air Pollution Control Facility - Noise Pollution Control Facility Definitions.
Section 5709.201 | Continuation of Certificates.
Section 5709.21 | Air or Noise Pollution Control Certificate.
Section 5709.211 | Opinion of a Director Required Before Issuance of Exempt Facility Certificate.
Section 5709.212 | Fees for Exempt Facility Certificate.
Section 5709.22 | Tax Commissioner - Powers and Duties.
Section 5709.24 | Tax Commissioner to Adopt Rules.
Section 5709.25 | Exemption of Pollution Control Facilities.
Section 5709.26 | Revocation of Certificate Due to Fraud or Misrepresentation - Penalties.
Section 5709.27 | Transfer of Exemption Certificate.
Section 5709.28 | Percentage of Taxable Value of Agricultural Security Area Land May Be Exempt.
Section 5709.40 | Declaration That Improvements Constitute Public Purpose - Blighted Areas.
Section 5709.41 | Declaration That Improvements Constitute Public Purpose.
Section 5709.411 | Declaration That Improvements Constitute Public Purpose - Detached Areas.
Section 5709.42 | Annual Service Payments in Lieu of Taxes.
Section 5709.44 | Foreign Trade Zone Exemption.
Section 5709.45 | Downtown Redevelopment Districts.
Section 5709.46 | Annual Service Payments in Lieu of Taxes.
Section 5709.47 | Municipal Downtown Redevelopment District Fund.
Section 5709.48 | Transportation Financing Districts; Creation.
Section 5709.481 | Voluntary Assessments.
Section 5709.49 | Service Payments.
Section 5709.50 | Regional Transportation Improvement Project Fund.
Section 5709.51 | Extension of Exemption From Taxation of Improvements.
Section 5709.55 | Grape Products - Personal Property Exemption.
Section 5709.57 | Agreements With Qualifying Athletic Complexes.
Section 5709.61 | Enterprise Zone Definitions.
Section 5709.62 | Designation of Enterprise Zones by Municipal Corporations.
Section 5709.63 | Designation of Enterprise Zones by Counties.
Section 5709.631 | Requirements for Agreements.
Section 5709.632 | Designation of Enterprise Zones by Central City of Metropolitan Statistical Area.
Section 5709.633 | Enterprise Relocating From Another Ohio Location.
Section 5709.634 | Waiver of Retail Facilities Exclusion.
Section 5709.64 | Applying for Tax Incentive Qualification Certificate.
Section 5709.65 | Entitlement to Tax Incentives.
Section 5709.66 | Applying for Employee Tax Credit Certificate.
Section 5709.67 | Duties of Director of Development and Tax Commissioner.
Section 5709.671 | Policy of Retaining Existing or Creating New Employment Opportunities.
Section 5709.68 | Report on All Agreements in Effect.
Section 5709.69 | Notice of Intent to Relocate.
Section 5709.71 | Exemption of Port Authority Property Leased to Railroad - Annual Payments.
Section 5709.72 | Exemption for Library Technology Development.
Section 5709.73 | Exemption for Increase in Property Value Due to Public Infrastructure Improvement.
Section 5709.74 | Annual Service Payments in Lieu of Taxes.
Section 5709.75 | Township Public Improvement Tax Increment Equivalent Fund.
Section 5709.76 | Exempting Public Obligations and Purchase Obligations.
Section 5709.77 | County Public Infrastructure Improvement Definitions.
Section 5709.79 | Annual Service Payments in Lieu of Taxes.
Section 5709.80 | Redevelopment Tax Equivalent Fund.
Section 5709.81 | County Bonds or Notes to Finance Public Infrastructure Improvement.
Section 5709.82 | Compensating School District for Revenues Lost Due to Tax Exemptions.
Section 5709.83 | Notifying School District of Proposed Tax Exemption.
Section 5709.831 | Reimbursing Local Taxing Authorities.
Section 5709.84 | Exemption for Local Railroad Operation.
Section 5709.85 | Tax Incentive Review Council.
Section 5709.86 | Exemption for Abandoned School Property.
Section 5709.87 | Exempting Increase in Assessed Value of Realty Cleaned of Contamination.
Section 5709.88 | Tax Incentives to Promote Employment and Improve Economic Climate.
Section 5709.881 | Local Agreements.
Section 5709.882 | Report of Local Agreements.
Section 5709.883 | Tax Incentive Review Council - Cleanup of Contamination.
Section 5709.91 | Service Payments in Lieu of Taxes.
Section 5709.911 | Exemptions.
Section 5709.912 | Administrative Rules.
Section 5709.916 | Concurrent Municipal Tax Increment Financing Exemptions.