In order to assure that the scientific knowledge about Ohio's history is made available to the public and is not willfully or unnecessarily destroyed or lost, the Ohio historical society shall maintain a state registry of historic landmarks that it finds to have historic significance. The society shall not place any land on the registry without first obtaining a written agreement with the landowner that subjects the land to the provisions of this section. The agreement shall be executed and recorded in the same manner as a deed or conveyance of an interest in real property. The agreement shall contain the legal description of the parcel of real estate upon which the landmarks are located, a reference to the volume and page of the deed record in which the title of the owner is recorded, and the accurate location of any known historic buildings or structures, or other historic places on the real estate. The society shall file the written agreement in the office of the county recorder of the county in which the land is located for recording in the deed records of the county.
The written agreement may be terminated, at the option of any subsequent owner of the land, within sixty days after the record of the conveyance or other transfer of title to him is filed for record in the office of the county recorder. The owner shall send notice of the termination of the agreement, by certified mail, to the director of the Ohio historical society and file an affidavit, pursuant to section 5301.252 of the Revised Code, for record in the office of the county recorder, stating that the agreement has been terminated. An affidavit filed and recorded pursuant to this section is conclusive evidence of the termination of the agreement.
The registry shall indicate the accurate location of each registered historic landmark and shall be made available for public inspection.
Within any land that is placed on the state registry of historic landmarks, no person or government entity shall at any time after placement on the registry demolish, improve, remove, or otherwise destroy any historic building, or structure, or other historic place thereon, without:
(A) Notifying the director of the Ohio historical society in writing of the intent to demolish, improve, remove, or destroy the historic building or structure, or other historic place, prior to the commencement of the work;
(B) Affording the director's duly authorized representatives access to the building, structure, or place in order to assist in planning and observe or record the findings of objects and information of historic significance;
(C) Upon completion of work at the building, structure, or place, reporting to the director in writing what objects and information were obtained that are known to be of historic significance.
No person shall sell, offer for sale, or possess any objects removed without privilege to do so from lands placed on the state registry of historic landmarks.
The director may designate in writing persons in various parts of the state whom the director determines to have sufficient experience in history or historic preservation work, as duly authorized representatives for purposes of this section.
Whoever violates this section is guilty of desecrating an historic landmark, a misdemeanor of the second degree. Whoever violates or threatens to violate this section may be enjoined from violation.
Effective Date: 08-24-1976