Ohio § 1715.39

§ 1715.39.

When a charitable or religious society or association desires to sell, lease, exchange,

or encumber by mortgage or otherwise any real estate owned by it, held in trust by

it for a specified religious or charitable purpose, or held for its use or benefit

by trustees chosen by it or otherwise constituted, for any such purpose, except grounds

used as burial places for the dead, then the trustees, wardens, and vestry, or other

officers entrusted with the management of the affairs of such society or association

or holding the title to such property, or such society or association itself if it

is incorporated in this state, may file, in the court of common pleas of the county

in which the real estate is situated, a petition stating how and by whom the title

to such real estate is held, the desire of such society or association to make the

sale, lease, exchange, or encumbrance, and the object thereof.  If upon the hearing of the case it appears that such sale, exchange, lease, or encumbrance

is desired by the members of the society or association and that it is proper that

authority should be given to accomplish it, the court may authorize the trustees or

other officers of the society or association, or, if it is incorporated, the society

or association itself, to sell, lease, exchange, or encumber such real estate in accordance

with the prayer of the petition and upon such terms as the court deems reasonable. In case the title to the property is held for the use or benefit of such society or

association by trustees, all or a majority of whom are not chosen by such society

or association, and who refuse upon request of such society or association, or of

its trustees, wardens, and vestry or other officers, to file such petition, then,

upon the petition of the society or association or of its trustees or other officers,

such court may require the trustees holding the title to lease, convey, or encumber

the real estate in accordance with the prayer of the petition and upon terms it deems

reasonable.  All trustees holding title and refusing to file or join in the petition must be

made defendants therein and must be served with summons as in a civil action. The petitioner shall cause notice of the pendency and prayer of the petition to be

published, in some newspaper of general circulation in the county where the real estate

proposed to be sold, leased, exchanged, or encumbered is situated, for four consecutive

weeks before the application is heard.