Commissioners receive opinion on Scott House transfer
The Highland County Press
Highland County commissioners have received an opinion from Highland County Prosecutor Anneka Collins regarding the proposed transfer of the Scott House from Hillsboro City Schools to the Highland County Historical Society.
As reported in October, commissioners have been asked by Hillsboro City Schools Superintendent Rick Earley for a resolution to enable the West Main Street property transfer.
"The school needs a resolution from us – we will be a pass-through to get it to the Historical Society," Commissioner Tom Horst said at the Oct. 24 board meeting.
Commissioners then asked Collins for a legal opinion on the transfer.
In a letter to the board of commissioners, Collins said:
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A board of county commissioners may transfer property to the CIC once certain conditions are met. Under RC 307.09, the board of county commissioners must determine that the property is not needed for public use and that the interests of the county require its sale. The procedure by which a county may sell real property is prescribed by R.C. 307.10. Specifically, O.R.C. § 307.10(B) states: “the board, by resolution, may transfer real property in fee simple belonging to the county and not needed for public use to a county land reutilization corporation organized under Chapter 1724. of the Revised Code for public purposes upon the terms and in the manner that it may determine to be in the best interests of the county, without advertising for bids...the board shall execute a deed or other proper instrument when such a transfer is approved” A Community Improvement Corporation (CIC) is considered a county land reutilization corporation under O.R.C. § 1724(A)(1).
Accordingly, pursuant to O.R.C. § 307.10(B) a Board of County Commissioners may transfer county property to a CIC, without advertisement for bids, if all of the following are met:
(1)the county owns the property; (2) the board passes a resolution; (3) the resolution states the property is not needed for public use; and (4) the transfer is in the best interest of the county.
Furthermore, the CIC, under § 1724.02(C) of the Revised Code, shall have the power to: “to sell, convey, transfer, lease, sublease, or otherwise dispose of real and personal property...” Therefore the Board of County Commissioners may transfer the property without bid after all the steps outlined in O.R.C. § 307.10 are followed. After the Board of County Commissioners transfers the property to the CIC, the CIC may then exercise its powers under § 1724.02(C) and sell, convey, transfer, lease to otherwise dispose of real property.
An agreement under R.C. 1724.10(C) may authorize a CIC to accept lands and interests in lands conveyed to it by a county for the consideration and upon the terms established. R.C. 1724.10(C)specifies that "[a]ny conveyance or lease by the political subdivision [county] to the [CIC] shall be made without advertising and receipt of bids."
Once the CIC has accepted the property, it may use or dispose of it in accordance with the agreement and relevant provisions of R.C. Chapters 1702 and 1724. If the CIC sells any property at a price in excess of the consideration that it paid the county, the excess must be paid to the county, following the deduction of certain costs and fees as provided in the agreement.
Commissioners said the plan is to be a pass-through to the CIC with the Scott House ultimately becoming the property of the Historical Society.