Commissioners receive legal opinion on sale of property

By Wayne Allen

September 3, 2013

Wayne Allen

PDT Staff Writer

At the last meeting of the Scioto County Commissioners, a legal opinion was given by Assistant Prosecuting Attorney Danielle Parker on the process of selling county property.

“Ohio Revised Code 307.09 (A) provides that the Board of County Commissioners may sell any real property belonging to the County and not needed for public use. However, no sale of real property shall be made unless it is authorized by a resolution adopted by a majority of the Board of County Commissioners. Once authorized, the board may either deed the property to the highest responsible bidder, after advertisement once a week for four consecutive weeks in a newspaper of general circulation in the county, or offer the real property for sale at a public auction, after giving at least 30 days’ notice of the auction,” Parker wrote.

She also stated the commissioners have the right to reject any and all bids for the property.

Mike Crabtree, Chairman of the Scioto County Commissioners, said the property in question is in West Portsmouth. Southern Ohio Medical Center has expressed some in the property to construct a medical facility.

Parker wrote the opinion is based on a conversation she had with some of the commissioners. She further advises on what the steps to sell the property would be.

“The board must survey the subject parcel to identify the parcel to the sold since it is part of a 206-acre tract of land. The board must determine the appraised market value of the real property.

Once identified a majority of the board must adopt a resolution that it is in the interest of the county to sell the property and that the subject property in not needed for public use. Once the resolution is passed the board must decide whether it wants to deed the property to the highest bidder or offer the property for sale at a public auction,” Parker wrote.

She wrote the commissioners could require a purpose for the property, if it is leased, a right of way is granted or easement is granted and not with the sale of real property.

“It is important to note that upon the sale of the real property not used for county purposes, all or such part of the proceeds of the sale as designated by the Board may be placed by the Board in a separate fund to be used only for construction, equipment, furnishing, maintenance or repair of the county buildings and the acquisition of sites there of, or for the payment of principal of or interest on bonds of the county issued for any county building,” Parker wrote.

Wayne Allen may be reached at 740-353-3101, ext. 228, or tallen@civitasmedia.com. For breaking news, follow Wayne on Twitter @WayneallenPDT.