901:3-63-13 Location criteria.

(A) Prior to entering into an FFLP loan agreement with an applicant, the lending institution shall determine:

(1) Whether the location at which the applicant proposes to use financial assistance provided under the program is in an area in which agriculture is the primary land use at the time the application is made; and,

(2) Whether the land at that location reasonably may not be expected to be converted to a nonagricultural use during the period of time that the applicant’s obligation to repay the loan remains outstanding.

(B) In making its determinations under paragraph (A) of this rule, a lending institution shall use, but not be limited to, all of the following criteria:

(1) Existing zoning restrictions;

(2) Actions pending before relevant zoning authorities;

(3) Plans and other relevant matters pending before regional planning commissions;

(4) Recommendations for land use and approval of land use by regional planning commissions;

(5) Ordinances and resolutions in effect within, and pending before, local government authorities;

(6) Eminent domain proceedings, planned or in process;

(7) Actions pending against the land by local authorities;

(8) Existing and planned easements upon the land;

(9) Deed conditions and restrictions;

(10) Pending court cases, including probate court cases;

(11) Tax and other liens;

(12) Mortgages and mortgage conditions;

(13) Planned, pending, and started development within a five mile radius of the property;

(14) The existence and type of non-farm land usage within a five mile radius of the property;

(15) Planned and started county engineer and utility projects;

(16) Whether or not the land is within, or is eligible to be within, an agricultural district; and

(17) Whether it is possible for the land to be valued, for real property tax purposes, at its current agricultural use value (C.A.U.V.).

(C) A lending institution may add up to one hundred dollars to the principal amount of an FFLP loan as a cost for making required determinations under paragraph (B) of this rule.

R.C. 119.032 review dates: 08/13/2003 and 08/13/2008

Promulgated Under: 119.03

Statutory Authority: 901.82

Rule Amplifies: 901.82

Prior Effective Dates: 8/7/98