Ohio Revised Code Search

...(A)(1) Except as provided in divisions (A)(2), (3), and (4) of this section, a spendthrift provision in an instrument that creates an inter vivos or testamentary trust shall not cause any forfeiture or postponement of any interest in property that satisfies both of the following: (a) It is granted to a surviving spouse of the testator or other settlor. (b) It qualifies for the federal estate tax marital deduction a...

...(A) Except as provided in division (B) of this section, an instrument that creates an inter vivos or testamentary trust shall not require or permit the accumulation for more than one year of any income of property that satisfies both of the following: (1) The property is granted to a surviving spouse of the testator or other settlor. (2) The property qualifies for the federal estate tax marital deduction allowed by...

...ative and is not liable for any act or omission of the personal representative with respect to the trust property, unless the trustee has actual knowledge, prior to the payment or advancement of the trust property, that the personal representative does not intend to use the trust property for such purposes. (D) Regardless of whether a beneficiary is subject to the claims of any creditor, a trustee may pay any ...

...(A) As used in this section, "fiduciary" means a trustee under any testamentary, inter vivos, or other trust, an executor or administrator, or any other person who is acting in a fiduciary capacity for any person, trust, or estate. (B) If an instrument or other applicable written agreement describes, appoints, or directs a fiduciary to handle only the administrative duties and responsibilities of a trust, that...

...(A) As used in this section: (1) "Fiduciary" means a trustee under any testamentary, inter vivos, or other trust, an executor or administrator, or any other person who is acting in a fiduciary capacity for a person, trust, or estate. (2) "Short term trust-quality investment fund" means a short term investment fund that meets both of the following conditions: (a) The fund may be either a collective investment...

...(A) A provision in a will or trust agreement, which provision pertains to the payment of any taxes that are imposed by reason of the testator's or trust creator's death, does not include the payment of any portion of any tax that is imposed on any transfer under any other will or trust agreement by Chapter 13 of subtitle B of the "Internal Revenue Code of 1986," 100 Stat. 2718, 26 U.S.C. 2601-2624, as amended, unless...

...(A) As used in this section: (1) "Ascertainable standard" includes a standard in a trust instrument requiring the trustee to provide for the care, comfort, maintenance, welfare, education, or general well-being of the beneficiary. (2) "Disability" means any substantial, medically determinable impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of ...

...Unless the trust or separation agreement provides otherwise, if, after executing a trust in which the grantor reserves to self a power to alter, amend, revoke, or terminate the provisions of the trust, a grantor is divorced, obtains a dissolution of marriage, has the grantor's marriage annulled, or, upon actual separation from the grantor's spouse, enters into a separation agreement pursuant to which the partie...

...If a principal executes a power of attorney designating the principal's spouse as the attorney in fact for the principal and if after executing the power of attorney, the principal and the principal's spouse are divorced, obtain a dissolution or annulment of their marriage, or enter into a separation agreement pursuant to which they intend to fully and finally settle each spouse's prospective property rights in the p...

...e in damages or otherwise in a civil or criminal action or proceeding for distributing or disposing of property in reliance on and in accordance with a designation of beneficiary as described in division (B)(1) of this section, if both of the following apply: (1) The distribution or disposition otherwise is proper; (2) The agent, bank, broker, custodian, issuer, life insurance company, plan administrator, savings a...

...e in damages or otherwise in a civil or criminal action or proceeding for distributing or disposing of personal property in reliance on and in accordance with a registration in the form of a joint ownership for life, with rights of survivorship, as described in division (A)(1) or (B)(1) of this section, if both of the following apply: (1) The distribution or disposition otherwise is proper; (2) The agent, bank, bro...

...n the partnership by a wrongful act or omission. This immunity is not available to an executor or administrator who holds a general partnership interest in a fiduciary capacity if the spouse or any lineal descendants of the executor or administrator, or the executor or administrator other than in a fiduciary capacity, holds any interest in the partnership. A partnership certificate that is filed pursuant to Chapter ...

...(A) As used in this section: (1) "Disclaimant" means any person, any guardian or personal representative of a person or estate of a person, or any attorney-in-fact or agent of a person having a general or specific authority to act granted in a written instrument, who is any of the following: (a) With respect to testamentary instruments and intestate succession, an heir, next of kin, devisee, legatee, donee, p...

...(A) If any interest in real property held by any trustee of an express trust that is wholly or partially governed by a law of this state or any interest in real property located in this state that is held by the trustee of a trust wholly governed by the law of one or more jurisdictions other than this state is temporarily conveyed to any beneficiary of that trust and reconveyed back to any trustee of that trust, the ...

...As used in sections 5815.41 to 5815.48 of the Revised Code: (A) "Art dealer" means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction. (B) "Artist" means the creator of a work of art. (C) "On consignment" means delivered to an art dealer for the purpose of sale or exhibition, or both, to the public by the art dealer o...

...ler accepts a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art, the following consequences attach: (A) The art dealer is, with respect to that work of art, the agent of the artist. (B) The work of art is trust property and the art dealer is a trustee for the benefit of the artist until the work of art is sold to a bona fide third party or ret...

...(A) If a work of art is trust property under section 5815.42 of the Revised Code when it is initially received by the art dealer, it remains trust property, notwithstanding the subsequent purchase of the work of art by the art dealer directly or indirectly for the art dealer's own account, until the purchase price specified pursuant to division (A)(3) of section 5815.45 of the Revised Code is paid in full to the arti...

...A work of art that is trust property under section 5815.42 or 5815.43 of the Revised Code is not subject to the claims, liens, or security interests of the creditors of the art dealer, notwithstanding Chapters 1301. to 1310. of the Revised Code.

... not accept a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art unless, prior to or at the time of acceptance, the art dealer enters into a written contract with the artist that contains all of the following: (1) The value of the work of art and whether it may be sold; (2) The time within which the proceeds of the sale are to be paid to the ar...

...who accepts a work of art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of art shall not use or display the work of art or a photograph of the work of art, or permit the use or display of the work of art or a photograph of the work of art, unless both of the following occur: (A) Notice is given to users or viewers that the work of art is the work of the artis...

...Any portion of an agreement that waives any provision of sections 5815.41 to 5815.48 of the Revised Code is void.

...Any art dealer who violates section 5815.45 or 5815.46 of the Revised Code is liable to the artist for the artist's reasonable attorney's fees and in an amount equal to the greater of either of the following: (A) Fifty dollars; (B) The actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the violation.

...f the armed forces of the United States missing in action more than ninety days; (2) A member of the United States merchant marine to whom either of the following applies: (a) The member has an honorable report of separation from the active duty military service, form DD214 or DD215. (b) The member served in the United States merchant marine between December 7, 1941, and December 31, 1946, and died on active duty ...

...In each county there shall be a commission known as "the veterans service commission." Except as provided in section 5901.021 of the Revised Code, the commission shall be composed of five residents of the county appointed to five-year terms by a judge of the court of common pleas. At the time of appointment or reappointment to the commission, no commission member appointed under this section shall be an employee of t...

...nd in which the veterans service commission submits a budget request under section 5901.11 of the Revised Code for the ensuing fiscal year that exceeds twenty-five-thousandths of one per cent of the assessed value of property in the county or the amount appropriated to the commission from the county general fund in the current fiscal year by more than ten per cen...

...ing expenditures by boards of county commissioners, when the cost under any such contract, lease, or agreement, other than compensation for personal services or rental of office space, involves an expenditure of more than the amount established in that section regarding expenditures by boards of county commissioners, the board shall make a written contract with the lowest and best bidder after advertisement, for not ...

...the Ohio soil and water conservation commission. If a request is so submitted, the prosecuting attorney of the county associated with the district does not have legal representation duties in connection with the tort action under section 940.13 of the Revised Code. (2) The attorney general, an assistant attorney general, or special counsel appointed by the attorney general shall defend a supervisor or other officer...

...he Revised Code. The board of county commissioners may make payments of benefits that are provided under this section. The board of supervisors may purchase such materials, equipment, and supplies, may lease such equipment, and may rent, purchase, or construct, and maintain, such offices, and provide for such equipment and supplies therefor, as it considers necessary and may pay for the same from the special fund e...

...(A) As used in this section: (1) "Receiving employee" means an employee of a soil and water conservation district who receives donated sick leave as authorized by this section. (2) "Donating employee" means an employee of a soil and water conservation district who donates sick leave as authorized by this section. (3) "Paid leave" has the same meaning as in section 124.391 of the Revised Code. (4) "Full-time e...

...in the office of the board of county commissioners. If the fair market value of the property to be sold pursuant to this division is, in the opinion of the board of supervisors, in excess of two thousand dollars, notice of the time, place, and manner of the sale shall also be published in a newspaper of general circulation in the district at least ten days prior to such sale. The board may authorize the sale of such...

... limit or limits; (7) The actions or omissions by an officer or employee that qualify as misuse of a credit card account. (B) The name of the soil and water conservation district shall appear on each presentation instrument related to the account including cards and checks. (C) If the fiscal agent of the district does not retain general possession and control of the credit card account and presentation instrume...

...ddition to any other available civil or criminal remedies provided by law. (G) No person making any payment by financial transaction device to a soil and water conservation district shall be relieved from liability for the underlying obligation except to the extent that the district realizes final payment of the underlying obligation in cash or its equivalent. If final payment is not made by the financial transacti...

...The board of county commissioners of each county in which there is a soil and water conservation district may levy a tax within the ten-mill limitation and may appropriate money from the proceeds of the levy or from the general fund of the county. The money shall be held in a special fund for the credit of the district, to be expended for the purposes prescribed in section 940.08 of the Revised Code or under the poli...

...(A) The prosecuting attorney of a county in which there is a soil and water conservation district is the legal adviser of the district. The prosecuting attorney is the legal counsel of such district in all civil actions brought by or against it and shall conduct all such actions in the prosecuting attorney's official capacity. The board of supervisors of a district may also employ such attorneys as may be necessary o...

...This chapter does not infringe upon the rights, powers, and authority vested by law in the division of wildlife in the department of natural resources.

...the Ohio soil and water conservation commission may approve payment to a district in an amount in excess of eight thousand dollars in any calendar year upon receipt of a request and justification from the district. The county auditor shall credit such payments to the special fund established pursuant to section 940.12 of the Revised Code for the soil and water conservation district. The department may make advances ...

...A board of county commissioners may apply to the Ohio soil and water conservation commission for an advance of moneys from the soil and water conservation fund, which is hereby created in the state treasury, to enable a soil and water conservation district to pay all or part of the cost of surveys and plans, appraisals, estimates of cost, land options, and other incidental expenses of constructing works of improvemen...

...the Ohio soil and water conservation commission, may enter into agreements with boards of county commissioners under which the state shares the cost of construction of works of improvement constructed by the county for a soil and water conservation district. The state share shall be paid from moneys appropriated for such purposes. The state share authorized under this section shall not exceed fifty per cent of the no...

...(A) An owner of land that is located in a soil and water conservation district may file a petition with the board of supervisors of the district requesting the construction of a conservation work of improvement. Prior to filing a petition, the petitioner shall consult with the district to discuss the proposed drainage improvement and to determine the proper forms and procedures for filing the petition. (B) The peti...

...provement and to the board of county commissioners and the county engineer. The board shall ensure that the notice contains all of the following: (1) The date, time, and location for the view and the subsequent hearing; (2) A description of the proposed improvement and its location as stated in the petition, a map indicating the location of the proposed improvement or information on where to access the map, and a...

...(A) On the date established for the view of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall present an overview of the proposed improvement. In the presentation, the board or its designee shall use methods and means that the board determines will adequately inform those attending the view about the proposed improvement's location and the drainage issues...

...(A) Upon acceptance of a petition requesting the construction of an improvement, the board of supervisors of a soil and water conservation district shall begin to prepare a preliminary report regarding the proposed improvement. The board shall present the completed preliminary report at the hearing that is held on the proposed improvement. (B) The board shall ensure that the preliminary report includes all of the f...

...th a project survey and design or to dismiss the petition. In making its decision, the board shall take into consideration all of the following: (1) The petition; (2) The preliminary report; (3) Comments on the proposed improvement; (4) The protection of environmentally significant areas when those areas could be adversely affected by the construction of the proposed improvement and, if necessary, alternative...

...After a vote of the board of supervisors of a soil and water conservation district to proceed with a project survey and design for a proposed improvement, the board or its designee shall conduct all necessary surveys for the proposed improvement. In addition, the board or its designee shall prepare plans for constructing the improvement. The plans shall include all of the following: (A) Specifications for construct...

...(A) After preparing the project survey, design, and plans for constructing the proposed improvement, the board of supervisors of a soil and water conservation district shall prepare a schedule of damages as part of the estimate of the total cost of constructing the proposed improvement. (B) The schedule of damages shall include both of the following: (1) An estimate of the value of land or other property necessar...

...After preparing a schedule of damages, the board of supervisors of a soil and water conservation district or its designee shall make an estimate of the cost of the proposed improvement. The estimate shall include all of the following: (A) Actual construction costs, including costs of addressing the construction specifications set forth in section 940.24 of the Revised Code; (B) The estimated costs included in the...

...(A) After preparing an estimate of the cost of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall prepare a schedule of estimated assessments on land within the area that will be benefited by a proposed improvement. The board shall include in the schedule the name and address of each landowner whose parcel of land will be benefited by the proposed improvem...

... the petition to the board of county commissioners of the county in which the proposed improvement is to be located.

...he Revised Code, the board of county commissioners shall establish the date, time, and location of a hearing regarding the proposed improvement. (B) At least twenty-one days prior to the date established for the hearing, the clerk of the board of county commissioners shall send a written notice of the hearing by certified mail to all landowners that are adjacent to the proposed improvement. The clerk shall send suc...

...for the hearing, the board of county commissioners shall conduct the hearing by doing both of the following: (1) Presenting the project design, construction plans, schedule of damages, cost estimates, and estimated assessments for the proposed improvement as submitted by the board of supervisors of the applicable soil and water conservation district; (2) Hear any comments offered by any landowner regarding the es...