Ohio Code 5301.012 – Identification of agency for whose use and benefit interest in real property is acquired
(A) As used in this section, “agency” means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government.
Terms Used In Ohio Code 5301.012
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: means real and personal property. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: means the state of Ohio. See Ohio Code 1.59
(B) Any instrument by which the state or an agency of the state acquires an interest in real property, including any deed, transfer, grant, reservation, agreement creating an easement, or lease, shall identify the agency for whose use and benefit the interest in the real property is acquired.
(C)(1) If the instrument conveys less than a fee simple interest in real property and if the agency has authority to hold an interest in property in its own name, the instrument shall state that the interest in the real property is conveyed “to __________ (the name of the agency).” Otherwise, the instrument shall state that the interest in the real property is conveyed “to the State of Ohio for the use and benefit of __________ (name of agency).”
(2) If the instrument conveys a fee simple interest in real property and if the agency has authority to hold a fee simple interest in real property in its own name, the instrument shall state that the interest in the real property is conveyed “to the __________ (name of agency) and its successors and assigns.” Otherwise, the instrument that conveys a fee simple interest in the real property shall state “to the State of Ohio and its successors and assigns for the use and benefit of __________ (name of agency).”
(D) The purpose of specifying the name of the agency in the instrument is to identify the agency that has the use and benefit of the real property. The identification of the agency pursuant to this section does not confer on that agency any additional property rights in regard to the real property.