Ohio § 5301.691
Full text of Ohio Ohio Revised Code § 5301.691, with citation guidance and answers to common questions.
§ 5301.691.
(A)(1) Subject to divisions (A)(2) and (F) of this section, the director of agriculture,
with moneys credited to the agricultural easement purchase fund created in section 901.21 of the Revised Code , may purchase agricultural easements in the name of the state. (2) Not less than thirty days prior to the acquisition of an agricultural easement under
division (A)(1) of this section or the extinguishment of such an easement purchased
under that division, the director shall provide written notice of the intention to
do so to the board of county commissioners of the county in which the land that is
or is proposed to be subject to the easement or extinguishment is located, and either
to the legislative authority of the municipal corporation in which the land is located,
if it is located in an incorporated area, or to the board of township trustees of
the township in which the land is located, if it is located in an unincorporated area. If, within thirty days after the director provides the notice, the board of county
commissioners, legislative authority, or board of township trustees requests an informational
meeting with the director regarding the proposed acquisition or extinguishment, the
director shall meet with the legislative authority or board to respond to the board's
or authority's questions and concerns. If a meeting is timely requested under division (A)(2) of this section, the director
shall not undertake the proposed acquisition or extinguishment until after the meeting
has been concluded. The director, upon the director's own initiative and prior to the purchase of an agricultural
easement under division (A)(1) of this section or the extinguishment of such an easement,
may hold an informational meeting with the board of county commissioners and the legislative
authority of the municipal corporation or board of township trustees in which land
that would be affected by the proposed acquisition or extinguishment is located, to
respond to any questions and concerns of the board or authority regarding the proposed
acquisition or extinguishment. (B)(1) Subject to division (F) of this section, the legislative authority of a municipal
corporation, board of county commissioners of a county, or board of trustees of a
township, with moneys in the political subdivision's general fund not required by
law or charter to be used for other specified purposes or with moneys in a special
fund of the political subdivision to be used for the purchase of agricultural easements,
may purchase agricultural easements in the name of the municipal corporation, county,
or township. (2) Subject to division (F) of this section, the legislative authority of a municipal
corporation, board of county commissioners of a county, or board of township trustees
of a township may acquire agricultural easements by gift, devise, or bequest. Any terms may be included in an agricultural easement so acquired that are necessary
or appropriate to preserve on behalf of the grantor of the easement the favorable
tax consequences of the gift, devise, or bequest under the “Internal Revenue Act of
1986,” 100 Stat. 2085, 26 U.S.C.A. 1 , as amended. (C)(1) Subject to division (F) of this section, the board of supervisors of a soil and water
conservation district, with moneys in any fund not required by law to be used for
other specified purposes or with moneys provided to the board through matching grants
made under section 901.22 of the Revised Code for the purchase of agricultural easements, may purchase agricultural easements in
the name of the board. (2) Subject to division (F) of this section, the board of supervisors of a soil and water
conservation district may acquire agricultural easements by gift, devise, or bequest. Any terms may be included in an agricultural easement so acquired that are necessary
or appropriate to preserve on behalf of the grantor of the easement the favorable
tax consequences of the gift, devise, or bequest under the “Internal Revenue Act of
1986,” 100 Stat. 2085, 26 U.S.C.A. 1 , as amended. (D)(1) The term of an agricultural easement purchased wholly or in part with money from
the agricultural easement purchase fund shall be perpetual and shall run with the
land. (2) The term of an agricultural easement purchased by the legislative authority of a
municipal corporation, board of county commissioners of a county, board of township
trustees of a township, or board of supervisors of a soil and water conservation district
without the use of any money from the agricultural easement purchase fund may be perpetual
or for a specified period. The agricultural easement shall run with the land. The instrument conveying an agricultural easement for a specified period shall include
provisions specifying, at a minimum, all of the following: (a) The consideration to be paid for the easement and manner of payment; (b) Whether the easement is renewable and, if so, procedures for its renewal; (c) The circumstances under which the easement may be extinguished; (d) The method for determining the amount of money, if any, due the holder of the easement
upon extinguishment and for payment of that amount to the holder. (E)(1) The director and each legislative authority of a municipal corporation, board of
county commissioners, board of township trustees, or board of supervisors of a soil
and water conservation district, upon acquiring an agricultural easement by purchase,
gift, devise, or bequest under this section or section 901.21 of the Revised Code , shall name an appropriate administrative officer, department, or division to supervise
and enforce the easement. A legislative authority of a municipal corporation, board of county commissioners,
or board of township trustees may enter into a contract with the board of park commissioners
of a park district established under Chapter 1545. of the Revised Code, the board
of park commissioners of a township park district established under section 511.18 of the Revised Code , or the board of supervisors of a soil and water conservation district having territorial
jurisdiction within the municipal corporation, county, or township, or with a charitable
organization described in division (B) of section 5301.69 of the Revised Code , to supervise on behalf of the legislative authority or board an agricultural easement
so acquired. A board of supervisors of a soil and water conservation district may enter into
a contract with the board of park commissioners of a park district established under
Chapter 1545. of the Revised Code or the board of park commissioners of a township
park district established under section 511.18 of the Revised Code having territorial jurisdiction within the soil and water conservation district,
or with a charitable organization described in division (B) of section 5301.69 of the Revised Code , to supervise on behalf of the board an agricultural easement so acquired. The contract may be entered into on such terms as are agreeable to the parties and
shall specify or prescribe a method for determining the amounts of any payments to
be made by the legislative authority, board of county commissioners, board of township
trustees, or board of supervisors for the performance of the contract. (2) With respect to an agricultural easement purchased with a matching grant that is
made under division (D) of section 901.22 of the Revised Code and that consists in whole or in part of moneys from the clean Ohio agricultural
easement fund created in section 901.21 of the Revised Code , the recipient of the matching grant shall make an annual monitoring visit to the
land that is the subject of the easement. The purpose of the visit is to ensure that no development that is prohibited by
the terms of the easement has occurred or is occurring. In accordance with rules adopted under division (A)(1)(d) of section 901.22 of the Revised Code , the grant recipient shall prepare a written annual monitoring report and submit
it to the office of farmland preservation in the department of agriculture. If necessary to enforce the terms of the easement, the grant recipient shall take
corrective action in accordance with those rules. The director may agree to share these monitoring and enforcement responsibilities
with the grant recipient. (F) The director; a municipal corporation, county, township, or soil and water conservation
district; or a charitable organization may acquire agricultural easements by purchase,
gift, devise, or bequest only on land that is valued for purposes of real property
taxation at its current value for agricultural use under section 5713.31 of the Revised Code or that constitutes a homestead when the easement is granted. (G) An agricultural easement acquired by the director under division (A) of this section
may be extinguished if an unexpected change in the conditions of or surrounding the
land that is subject to the easement makes impossible or impractical the continued
use of the land for the purposes described in the agricultural easement, or if the
requirements of the easement are extinguished by judicial proceedings. Upon the sale, exchange, or involuntary conversion of the land subject to the easement,
the director shall be paid an amount of money that is at least equal to the proportionate
value of the easement compared to the total value of the land at the time the easement
was acquired. Moneys so received shall be credited to the agricultural easement purchase fund. An agricultural easement acquired by a municipal corporation, county, or township
under division (B) of this section or by a soil and water conservation district under
division (C) of this section may be extinguished under the circumstances prescribed,
and in accordance with the terms and conditions set forth, in the instrument conveying
the agricultural easement. An agricultural easement acquired by a charitable organization described in division (B) of section 5301.69 of the Revised Code may be extinguished under the circumstances prescribed, and in accordance with the
terms and conditions set forth, in the instrument conveying the agricultural easement. Any instrument extinguishing an agricultural easement shall be executed and recorded
in the same manner as other instruments conveying or terminating interests in real
property. (H) Promptly after the recording and indexing of an instrument conveying an agricultural
easement to any person or to a municipal corporation, county, township, or soil and
water conservation district or of an instrument extinguishing an agricultural easement
held by any person or such a political subdivision, the county recorder shall mail,
by regular mail, a photocopy of the instrument to the office of farmland preservation
in the department of agriculture. The photocopy shall be accompanied by an invoice for the applicable fee established
in section 317.32 of the Revised Code . Promptly after receiving the photocopy and invoice, the office of farmland preservation
shall remit the fee to the county recorder. (I) The director, the legislative authority of a municipal corporation, a board of county
commissioners, a board of township trustees, or a board of supervisors of a soil and
water conservation district may receive and expend grants from any public or private
source for the purpose of purchasing agricultural easements and supervising and enforcing
them.
Frequently Asked Questions About Ohio § 5301.691
What does Ohio Revised Code § 5301.691 cover?
Section 5301.691 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5301.691?
A common citation format is "Ohio Revised Code § 5301.691" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5301.691 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.