Ohio Revised Code Search
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Section 4767.05 | Ohio cemetery dispute resolution commission.
...(A) There is hereby created the Ohio cemetery dispute resolution commission, which shall consist of nine members to be appointed by the governor with the advice and consent of the senate as follows: (1) One member shall be the management authority of a municipal, township, or union cemetery and shall be selected from a list of four names submitted to the governor. Two of the four names shall be submitted by the Ohio... |
Section 4767.06 | Duties of commission.
...The Ohio cemetery dispute resolution commission shall perform all of the following duties: (A) Adopt, amend, and rescind such rules in accordance with Chapter 119. of the Revised Code as are necessary in carrying out sections 4767.02 to 4767.11 of the Revised Code, including rules relative to the following: (1) Transacting the commission's business and managing its affairs; (2) Establishing procedures for receivi... |
Section 4767.07 | Complaints.
...(A) Any person may file a complaint regarding the activity, practice, policy, or procedure of, or regarding an alleged violation of section 1721.19, 1721.20, 1721.21, 1721.211, 4735.02, 4767.02, or 4767.09 of the Revised Code by, any person operating or maintaining a cemetery registered, or a cemetery that is not registered but is required to be registered pursuant to section 4767.03 of the Revised Code that adversel... |
Section 4767.08 | Conduct of investigations.
...(A) The superintendent of the division of real estate in the department of commerce or the Ohio cemetery dispute resolution commission, on the superintendent's or commission's own motion or as a result of a complaint received pursuant to section 4767.07 of the Revised Code and with good cause shown, shall investigate or cause to be investigated alleged violations of sections 1721.19, 1721.20, 1721.21, 1721.211, 4735.... |
Section 4767.09 | Reasonable maintenance.
...(A) The owner or person responsible for the operation of a cemetery registered with the division of real estate in the department of commerce shall provide reasonable maintenance of the cemetery property and of all lots, graves, mausoleums, scattering grounds, and columbaria in the cemetery based on the type and size of the cemetery, topographic limitation, and contractual commitments with consumers. (B) In determi... |
Section 4767.10 | Cemetery grant fund.
...(A) The division of real estate in the department of commerce shall use one dollar of each burial permit fee collected pursuant to section 3705.17 of the Revised Code and paid into the state treasury to the credit of the cemetery registration fund created under section 4767.03 of the Revised Code to advance grants to cemeteries registered with the division to defray the costs of exceptional cemetery maintenance or tr... |
Section 4767.11 | Ceased operations.
...Upon receipt of information that the owner or person responsible for the operation of a registered cemetery or a cemetery that was required to be registered has ceased operation of that cemetery, the division of real estate in the department of commerce may investigate for purposes of determining the cemetery's current status. If the division finds evidence that the cemetery has ceased operation and a municipal cor... |
Section 4767.99 | Penalty.
...Whoever violates division (A) of section 4767.02 of the Revised Code is guilty of a misdemeanor of the third degree. |
Section 5309.01 | Registration of land title definitions.
...As used in this chapter and Chapter 5310. of the Revised Code: (A) "Certificate of title" includes all memorials and notations noted under a certificate of title. (B) "Trust deed in the nature of a mortgage" is a mortgage and subject to the same rules as a mortgage. (C) "Probate court" has the same meaning as in section 2101.01 of the Revised Code. (D) "Registered land" means any land registered under this chapte... |
Section 5309.02 | Jurisdiction of the court of common pleas and the probate court.
...Concurrent jurisdiction, except as otherwise provided, is hereby conferred upon the court of common pleas and the probate court in all maters arising under sections 5309.02 to 5310.21, inclusive, of the Revised Code. The probate court shall have all the powers at law and in equity of a court of general jurisdiction as to such matters. In counties having three or more judges of the court of common pleas, such judges ... |
Section 5309.03 | Powers of the county recorder.
...serve and cause notices to be served, enforce the attendance of and examine witnesses, compel the production of papers and evidence, order surveys and appoint competent surveyors to make them, and conduct hearings and make such orders as are appropriate and in accordance with such sections. |
Section 5309.031 | Maintain registered land records by use of photographic, magnetic, electronic, or certain other processes means, or displays.
...(A) Notwithstanding any provision of this chapter or Chapter 5310. of the Revised Code to the contrary, and in accordance with the rules adopted by the county recorder under division (C) of this section, the recorder may perform any of the following functions by nonpaper means: (1) Transcribe a certified copy of a decree of registration sent by the clerk of a probate court pursuant to section 5309.25 of the Revised ... |
Section 5309.04 | Examiners of titles - qualifications, bond, duties.
...The court of common pleas in each county shall appoint, subject to removal at any time by said court, one or more examiners of titles, who shall be officers of the court and competent attorneys at law with skill and experience in the examination of titles to real estate. Each examiner, before entering on the discharge of his duties, shall give a bond payable to this state for the use of whom it may concern, in an amo... |
Section 5309.05 | Persons permitted to have title to land registered.
...The persons who, singly or collectively, claim to own and to be seized of, or to have the power of appointing or disposing of, the legal or equitable estate in fee in and to the whole of any parcel of land, may personally or through an attorney in fact, authorized by an instrument signed, acknowledged, and recorded as a deed, have their title to that estate in that land, or the whole title to that land, registere... |
Section 5309.06 | Estates or interests which may be registered - procedure.
...No estate less than a fee simple and no mortgage, lien, or charge of any kind shall be registered unless the fee in possession, remainder, or reversion or other character of fee in and to the land has been registered first or is registered at the same time. If the estate of the applicant is subject to any outstanding lesser estate, including life estates, estates for years, conditional limitations, executory devises ... |
Section 5309.07 | Tax deed entitled to be registered.
...No title derived from any tax sale or tax deed may be registered unless it appears that title under said tax sale or tax deed has been established and confirmed, or acquired, by a valid judgment or decree of a court of competent jurisdiction, or that the applicant and those from whom the applicant claims title have been in the actual, undisputed, and adverse possession of the land under such title for at least twenty... |
Section 5309.08 | Application to register title.
...Application to register the title to land or to any interest therein shall be made by petition, as in the commencement of a civil action, filed in the probate court or court of common pleas of the county in which the land is situated. When the application is filed, the clerk of the probate court or the clerk of the court of common pleas shall forthwith file in the office of the county recorder of said county and in t... |
Section 5309.081 | Death of survivorship tenant transfer of interest.
...When an interest in title to registered land is vested in two or more persons as a survivorship tenancy and one of the survivorship tenants dies, the interest of the decedent shall be transferred by presenting to the county auditor and filing with the county recorder either a certificate of transfer as provided in section 2113.61 of the Revised Code, or an affidavit accompanied by a certified copy of a death certific... |
Section 5309.082 | Survivorship tenant medicaid estate recovery form.
...(A) As used in this section: "Estate" has the same meaning as in section 5162.21 of the Revised Code. "Medicaid estate recovery program" means the program instituted under section 5162.21 of the Revised Code. (B) The administrator of the medicaid estate recovery program shall prescribe a form on which a surviving tenant under a survivorship tenancy or such a surviving tenant's representative is to indicate b... |
Section 5309.09 | Contents of application.
...The application to register the title to land or to any interest in land shall be signed and sworn to by each applicant or by an authorized person for each applicant. In addition to any other appropriate, relevant, and material matter, the application shall set forth substantially all of the following: (A) The full name, age, place of residence, and post-office address of the applicant or owner, the full name, place... |
Section 5309.10 | Assent by spouse.
...If the application to register the title to land or to any interest in land is made by a married person, the spouse of that person shall signify the spouse's assent to the registration as prayed for by endorsement on the application acknowledged as a deed, or by a separate instrument so acknowledged and filed with the application. If the spouses are separated and living apart, or either one refuses to consent t... |
Section 5309.11 | Application by nonresident.
...If the application to register the title to land or to any interest therein is made by a nonresident of the state, he shall, in his petition, or in a separate paper to be filed in the case, give the name, residence, and post-office address of someone residing in the state, upon whom, as his agent, service of notice can be made in relation to any matter arising under or in connection with said application, and agree t... |
Section 5309.12 | Parties.
...The applicant desiring to register the title to land or to any interest therein shall be regarded as plaintiff and all other persons named in the application and to be affected by the decree shall by name be entered in the caption of the petition and treated as defendants, and all persons not so named, whether mentioned in the application or not, shall be included and considered as defendants under the designation, w... |
Section 5309.13 | Record and index of applications.
...After the filing of the application to register the title to land or to any interest therein and before registration, the land described in such application may be dealt with and instruments relating thereto may be recorded and indexed, in the same manner as if no such application had been filed. As soon as an application is disposed of, the clerk of the probate court or the clerk of the court of common pleas s... |
Section 5309.14 | Application referred to examiner of titles for investigation - report.
...Immediately after the filing of the application to register the title to land or to any interest therein, the probate court or the court of common pleas shall enter an order referring it to one of the examiners of titles, who shall search the records and investigate all facts stated and all allegations made in the petition, or otherwise brought to his notice. Such examiner shall investigate particularly whether the l... |