Opinion of Attorney General outlines county authority to convey real property in economic development setting

Ohio Attorney General Mike DeWine recently issued an opinion addressing the authority a board of county commissioners has to transfer real property in fee simple to a county office of economic development or a community improvement corporation without competitive bidding or public auction. The opinion advises that a board of county commissioners has no general authority to transfer real property to an office of economic development. Pursuant to R.C. 1724.10(B), a board of county commissioners "may transfer lands or interests in lands owned by the county to an economic development corporation, provided the economic development corporation has been designated an agency of the county pursuant to R.C. 1724.10 and an agreement between the economic development corporation and the county permits such transfers." The board of county commissioners may not, however, transfer “real property other than lands or interests in lands owned by the county” to an economic development corporation. For more, read OAG Opinion 2014-003.

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