Need legal opinion (Ohio)

ORC 707.02 is about incorporation as a Village

ORC 707.29 is about incorporation as a City.

Briefly, the distinction is size; population, geography and wealth.

So, assume post incorporation municipalies...

Now consider ORC 721.29 - "Sale of real estate without bidding"

The legislative authority of a city may sell to a board of county commissioners real estate belonging to the city that is no longer needed for city purposes upon such lawful terms as are agreed upon between the city and the board of county commissioners, without competitive bidding as required by section 721.03 of the Revised Code. No such sale shall be made unless the contract for the sale is authorized by ordinance, approved by a two-thirds vote of the members of the legislative authority of the city, and by the board or officer having supervision or management of the real estate.

What do you think?


  • So, if your local burg doesn't want to maintain the park next to village hall, the council can give it to the county without having to go through a competitive bidding process.
  • Bloody hell...

    I was looking at those codes shortly before bed and I missed the part where they said County Commissioners.

    There's a lot in town that I want to buy or lease and I don't have time for the usual 5 week bidding bullshit. (Which, by the way, means 8 weeks because council meetings are one month apart. Or it would, if we had a Council & Mayor that could actually make decisions.

    I did just take a second look at a possible loophole though...

    721.28 Contracts for urban redevelopment or urban renewal.

    The legislative authority of a municipal corporation may
    authorize the transfer, lease, or conveyance of any real property in accordance
    with and for the purposes of a plan adopted by the legislative authority for
    urban redevelopment or urban renewal upon such lawful terms and conditions and
    in such manner as are prescribed by the legislative authority, without
    competitive bidding as required by section
    721.03 of the Revised Code.

    That possibility has the additional attraction of not actually being complete bullshit.

    It's been discussed in multiple council meetings and reported in the local paper that the Village is looking for ways to grow the tax base, attract younger residents and revitalize the business district, which includes selling off Village owned land for development of one type or another.

    What do you think?
    Am I reading too much into 721.28?
  • I don't think so.
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