323.75 Apportionment of costs of sale at auction.

(A) The county treasurer shall apportion the costs of the proceedings with respect to abandoned lands offered for sale at a public auction held pursuant to section 323.73 or 323.74 of the Revised Code among those lands either equally or in proportion to the fair market values of the lands. The costs of the proceedings include the costs of conducting the title search, notifying record owners or other persons required to be notified of the pending sale, advertising the sale, and any other costs incurred by the county board of revision, county treasurer, county auditor, clerk of court, prosecuting attorney, or county sheriff in performing their duties under sections 323.65 to 323.78 of the Revised Code.

(B) All costs assessed in connection with proceedings under sections 323.65 to 323.78 of the Revised Code may be paid as they are incurred, as follows:

(1) If the abandoned land in question is purchased at public auction, from the purchaser of the abandoned land;

(2) In the case of abandoned land transferred to a community development organization, municipal corporation, county, or township pursuant to division (D) of section 323.74 of the Revised Code, from either of the following:

(a) From the delinquent tax and assessment collection fund created under section 321.261 of the Revised Code;

(b) In the reasonable discretion of the county treasurer, from the community development organization, municipal corporation, county, or township, whichever is applicable, by mutual agreement between the organization, municipal corporation, county, or township and the treasurer.

(3) If the abandoned land in question is transferred to a certificate holder, from the certificate holder.

(C) If a parcel of abandoned land is sold or otherwise transferred pursuant to sections 323.65 to 323.78 of the Revised Code, the officer who conducted the sale or made the transfer may collect a recording fee from the purchaser or transferee of the parcel at the time of the sale or transfer and shall prepare the deed conveying title to the parcel. That officer is authorized to record on behalf of that purchaser or transferee the deed conveying title to the parcel, notwithstanding that the deed may not actually have been delivered to the purchaser or transferee prior to the recording of the deed. Upon confirmation of that sale or transfer, the deed shall be deemed delivered to the purchaser or transferee of the parcel.

Effective Date: 09-28-2006