As Introduced
136th General Assembly
Regular Session S. B. No. 88
2025-2026
Senator Johnson
A B I L L
To amend sections 319.202, 5301.256, and 5323.02 of
the Revised Code to modify the law that
prohibits certain governments, businesses, and
individuals from acquiring certain real property
and to name this act the Ohio Property
Protection Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 319.202, 5301.256, and 5323.02 of
the Revised Code be amended to read as follows:
Sec. 319.202. Before the county auditor indorses any real
property conveyance or manufactured or mobile home conveyance
presented to the auditor pursuant to section 319.20 of the
Revised Code or registers any manufactured or mobile home
conveyance pursuant to section 4503.061 of the Revised Code, the
grantee or the grantee's representative shall submit, either
electronically or three written copies of, a statement, in the
form prescribed by the tax commissioner, and other information
as the county auditor may require, declaring the value of real
property or manufactured or mobile home conveyed, except that ,
subject to division (C) of this section, when the transfer is
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exempt under division (G)(3) of section 319.54 of the Revised
Code only a statement of the reason for the exemption shall be
required. Each statement submitted under this section shall
contain the information required under divisions (A) and (B) of
this section and, if the statement involves the transfer of
protected property, the affirmations required by division (C) of
this section.
(A) Each statement submitted under this section shall
either:
(1) Contain an affirmation by the grantee that the grantor
has been asked by the grantee or the grantee's representative
whether to the best of the grantor's knowledge either the
preceding or the current year's taxes on the real property or
the current or following year's taxes on the manufactured or
mobile home conveyed will be reduced under division (A) of
section 323.152 or under section 4503.065 of the Revised Code
and that the grantor indicated that to the best of the grantor's
knowledge the taxes will not be so reduced; or
(2) Be accompanied by a sworn or affirmed instrument
stating:
(a) To the best of the grantor's knowledge the real
property or the manufactured or mobile home that is the subject
of the conveyance is eligible for and will receive a reduction
in taxes for or payable in the current year under division (A)
of section 323.152 or under section 4503.065 of the Revised Code
and that the reduction or reductions will be reflected in the
grantee's taxes;
(b) The estimated amount of such reductions that will be
reflected in the grantee's taxes;
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(c) That the grantor and the grantee have considered and
accounted for the total estimated amount of such reductions to
the satisfaction of both the grantee and the grantor. The
auditor shall indorse the instrument, return it to the grantee
or the grantee's representative, and provide a copy of the
indorsed instrument to the grantor or the grantor's
representative.
(B) Each statement submitted under this section shall
either:
(1) Contain an affirmation by the grantee that the grantor
has been asked by the grantee or the grantee's representative
whether to the best of the grantor's knowledge the real property
conveyed qualified for the current agricultural use valuation
under section 5713.30 of the Revised Code either for the
preceding or the current year and that the grantor indicated
that to the best of the grantor's knowledge the property
conveyed was not so qualified; or
(2) Be accompanied by a sworn or affirmed instrument
stating:
(a) To the best of the grantor's knowledge the real
property conveyed was qualified for the current agricultural use
valuation under section 5713.30 of the Revised Code either for
the preceding or the current year;
(b) To the extent that the property will not continue to
qualify for the current agricultural use valuation either for
the current or the succeeding year, that the property will be
subject to a recoupment charge equal to the tax savings in
accordance with section 5713.34 of the Revised Code;
(c) That the grantor and the grantee have considered and
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accounted for the total estimated amount of such recoupment, if
any, to the satisfaction of both the grantee and the grantor.
The auditor shall indorse the instrument, forward it to the
grantee or the grantee's representative, and provide a copy of
the indorsed instrument to the grantor or the grantor's
representative.
(C) Each statement submitted under this section involving
the transfer of protected property shall contain both of the
following:
(1) An affirmation by the grantee as to whether the
grantee is prohibited from purchasing or otherwise acquiring
protected property under section 5301.256 of the Revised Code;
(2) An affirmation by the grantor as to whether the
grantor is prohibited from purchasing or otherwise acquiring
protected property under section 5301.256 of the Revised Code
and, if so, whether the protected property that is the subject
of the transfer was acquired pursuant to an exemption under
division (C) of that section.
(D)(1) The grantor shall pay the fee following:
(a) The fee required by division (G)(3) of section 319.54
of the Revised Code; and, in
(b) In the event the board of county commissioners of the
county has levied a real property or a manufactured home
transfer tax pursuant to Chapter 322. of the Revised Code, the
amount required by the real property or manufactured home
transfer tax so levied. If
(2) If the conveyance is exempt from the fee provided for
in division (G)(3) of section 319.54 of the Revised Code and the
tax, if any, levied pursuant to Chapter 322. of the Revised
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Code, the reason for such exemption shall be shown on the
statement. "Value" means, in the case of any deed or certificate
of title not a gift in whole or part, the amount of the full
consideration therefor, paid or to be paid for the real estate
or manufactured or mobile home described in the deed or title,
including the amount of any mortgage or vendor's lien thereon.
If property sold under a land installment contract is conveyed
by the seller under such contract to a third party and the
contract has been of record at least twelve months prior to the
date of conveyance, "value" means the unpaid balance owed to the
seller under the contract at the time of the conveyance, but the
statement shall set forth the amount paid under such contract
prior to the date of conveyance. In the case of a gift in whole
or part, "value" means the estimated price the real estate or
manufactured or mobile home described in the deed or certificate
of title would bring in the open market and under the then
existing and prevailing market conditions in a sale between a
willing seller and a willing buyer, both conversant with the
property and with prevailing general price levels.
(3) No person shall willfully falsify the value of
property conveyed.
(D) (E) The auditor shall indorse each conveyance on its
face to indicate the amount of the conveyance fee and compliance
with this section and if the property is residential rental
property include a statement that the grantee shall file with
the county auditor the information required under division (A)
or (C) of section 5323.02 of the Revised Code. The auditor shall
retain the original copy of the statement of value, forward to
the tax commissioner one copy on which shall be noted the most
recent assessed value of the property, and furnish one copy to
the grantee or the grantee's representative.
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(E) (F)(1) The auditor shall not indorse a conveyance of
protected property if the statement submitted under this section
does not include both of the affirmations required by division
(C) of this section.
(2) The auditor shall refer information about a conveyance
of protected property to the county sheriff for investigation
and enforcement under division (F) of section 5301.256 of the
Revised Code if either of the following apply:
(a) The grantee affirms, or the auditor has reason to
believe, that the grantee is prohibited from purchasing or
otherwise acquiring protected property under section 5301.256 of
the Revised Code.
(b) The grantor affirms, or the auditor has reason to
believe, that the grantor has acquired protected property in
violation of section 5301.256 of the Revised Code.
(G) The auditor shall not refuse to indorse a conveyance
for either of the reasons specified in division (F)(2) of this
section.
(H) In order to achieve uniform administration and
collection of the transfer fee required by division (G)(3) of
section 319.54 of the Revised Code, the tax commissioner shall
adopt and promulgate rules for the administration and
enforcement of the levy and collection of such fee.
(F) (I) As used in this section , "residential :
(1) "Protected property" has the same meaning as in
section 5301.256 of the Revised Code.
(2) "Residential rental property" has the same meaning as
in section 5323.01 of the Revised Code.
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(3)(a) "Value" means, in the case of any deed or
certificate of title not a gift in whole or part, the amount of
the full consideration therefor, paid or to be paid for the real
estate or manufactured or mobile home described in the deed or
title, including the amount of any mortgage or vendor's lien
thereon.
(b) If property sold under a land installment contract is
conveyed by the seller under such contract to a third party and
the contract has been of record at least twelve months prior to
the date of conveyance, "value" means the unpaid balance owed to
the seller under the contract at the time of the conveyance, but
the statement shall set forth the amount paid under such
contract prior to the date of conveyance.
(c) In the case of a gift in whole or part, "value" means
the estimated price the real estate or manufactured or mobile
home described in the deed or certificate of title would bring
in the open market and under the then existing and prevailing
market conditions in a sale between a willing seller and a
willing buyer, both conversant with the property and with
prevailing general price levels.
Sec. 5301.256. (A) As used in this section:
(1) "Agriculture" has the same meaning as in section 1.61
of the Revised Code.
(2) "Agricultural land" means land suitable for use in
agriculture and includes water on and upon and air space over
and above the land and natural products and deposits that are
unsevered from the land.
(3) "Person" includes all of the following:
(a) Individuals;
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(b) Firmsindividuals, businesses, countries, criminal
enterprises, gangs, cartels, organizations, and governments.
(4) "Business" includes firms , companies, business trusts,
estates, trusts, sole proprietorships, partnerships, general
partnerships, limited liability companies, associations,
corporations, and any other legal, business, or commercial
entities;
(c) Governments .
(5) "Government" means a government other than the
government of the United States, its states, subdivisions,
territories, or possessions ;
(d) Legal or commercial entities, organizations, joint
ventures, and nonprofits .
(6) "Real property" means land and improvements to land
and includes water on and upon and air space over and above the
land and natural products and deposits that are unsevered from
the land.
(7) "Protected property" means real property in this state
that is any of the following:
(a) Agricultural land;
(b) Located within a twenty-five mile radius of any
installation under the jurisdiction of the armed forces, as
defined in section 5903.01 of the Revised Code, such as a
military base, a camp, or an airport;
(c) Located within a twenty-five mile radius of a critical
infrastructure facility, as defined in section 2911.21 of the
Revised Code.
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(8) "Control" means the authority, by contract or by law,
to direct the affairs and day-to-day operations of a business
without the consent of any other person.
(9) "Own" means possession of more than fifty per cent of
the stock, equity, or other ownership interest of a business.
(10) "Foreign adversary" means a country listed on the
registry published by the secretary of state under division (G)
of this section.
(B)(1) (B) On or after the effective date of this section,
no person listed in the registry published by the secretary of
state under division (G) of this section, and no agent, trustee,
or fiduciary of such a person amendment, none of the following
persons shall, directly or indirectly, purchase or otherwise
acquire agricultural land in this state protected property:
(1) A person listed on the registry published by the
secretary of state under division (G) of this section;
(2) A government of a foreign adversary;
(3) An individual who is a citizen of a foreign adversary,
regardless of whether that same individual is also a citizen or
national of one or more other countries, other than the United
States, that are not foreign adversaries;
(4) A business that is headquartered in a foreign
adversary;
(5) A business that is directly or indirectly owned or
controlled by one or more persons described in divisions (B)(1)
to (4) of this section, or an agent, fiduciary, or trustee of
such persons;
(6) Except as otherwise provided in division (C)(3) of
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this section, an agent, fiduciary, or trustee of a person
described in divisions (B)(1) to (5) of this section .
(2) A person, agent, trustee or fiduciary subject to
division (B)(1) of this section that owns or holds agricultural
land in this state as described in division (B)(1) of this
section before the effective date of this section may continue
to own or hold the agricultural land, but shall not purchase or
otherwise acquire additional agricultural land in this state
that is subject to the restriction in division (B)(1) of this
section unless an exception described in division (C) of this
section applies.
(C) The restriction on acquiring agricultural land
restrictions set forth in division (B)(1) (B) of this section
does do not apply to any of the following:
(1) Agricultural land Protected property acquired by
devise or descent, subject to the divestment requirements in
division (E) of this section . However, a person listed in the
registry published by the secretary of state under division (G)
of this section, or an agent, trustee, or fiduciary thereof,
that acquires the agricultural land, or an interest in
agricultural land, by devise or descent on or after the
effective date of this section shall divest itself of all right,
title, and interest in the agricultural land within two years
from the date of acquisition.
(2) Agricultural land Protected property that is acquired
by a process of law in the collection of debts, by a deed in
lieu of foreclosure, pursuant to a forfeiture of a contract for
deed, or by any procedure for the enforcement of a lien or claim
on the agricultural landprotected property, whether created by
mortgage or otherwise , subject to the divestment requirements
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under division (E) of this section . Agricultural land so
acquired shall be sold or otherwise disposed of within two years
after title is transferred. Agricultural If the protected
property is agricultural land, pending sale or dispositionsuch
divestment, the land shall not be used for any purpose other
than agriculture, and the land shall not be used for agriculture
under lease to an individual, trust, corporation, partnership,
or other business entity subject to the restrictions under
division (B)(1) (B) of this section.
(D) (3) Protected property directly or indirectly acquired
by an agent, fiduciary, or trustee of a person described in
divisions (B)(1) to (5) of this section acting in the agent's,
fiduciary's, or trustee's personal capacity, if both of the
following apply:
(a) The agent, fiduciary, or trustee is not a person
described in divisions (B)(1) to (5) of this section;
(b) The agent, fiduciary, or trustee is not purchasing or
otherwise acquiring the property to circumvent the restrictions
prescribed by this section.
(4) Protected property directly or indirectly acquired by
an individual who is a United States citizen or national, unless
that individual is purchasing or otherwise acquiring the
property as an agent, fiduciary, or trustee of a person
described in divisions (B)(1) to (5) of this section.
(D) A person listed in the registry published by the
secretary of state under subject to division (G) (B) of this
section, or an agent, trustee, or fiduciary of such a person,
shall not directly or indirectly transfer title to or an
interest in agricultural land protected property to another
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person listed in that registry, or an agent, trustee, or
fiduciary thereofsubject to that division , except by devise or
descentunless an exception described in division (C) of this
section applies.
(E) A (E)(1) Except as otherwise provided in divisions (E)
(2) and (3) of this section, a person that purchases or
otherwise acquires agricultural land in this state described in
division (B)(1) of this section, other than by devise or
descent, after the effective date of this section, and that is
subsequently added to the registry published by the secretary of
state under subject to division (G) (B) of this section, shall
divest itself of all right, title, and interest in the
agricultural land protected property, whether direct or
indirect, within two years from the date the person is added to
the registryafter the date the person first becomes subject to
division (B) of this section or, in the case of a right, title,
or interest in protected property acquired under division (C)(1)
or (2) of this section, within two years after the date of such
acquisition. This division applies regardless of when the right,
title, or interest in protected property was acquired, including
rights, titles, and interests acquired before the effective date
of this amendment and those acquired before the owner becomes
subject to division (B) of this section.
(2) Rights, titles, and interests in protected property
acquired under division (C)(3) or (4) of this section are not
subject to divestment under this section.
(3) No person is required to divest of a right, title, or
interest in protected property under division (E)(1) of this
section sooner than two years after the effective date of this
amendment.
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(F)(1) If the secretary of state a county auditor finds or
has reason to believe that a person listed on the registry
published under division (G) of this section , or an agent,
trustee, or fiduciary thereof, subject to division (B) of this
section has acquired, or holds title to, or interest in,
agricultural land protected property in this state in violation
of this section, the secretary of state auditor shall report the
violation to the attorney general notify the county sheriff of
each county in which the protected property is located. The
county sheriff shall investigate the allegation. If the
protected property is located in more than one county, the
county sheriffs of those counties may investigate the allegation
collaboratively.
(2) Upon receipt of the report from the secretary of
state, the attorney general concluding the investigation, if the
county sheriff determines that a violation has occurred, the
county sheriff shall refer the violation to the county
prosecutor. Upon receiving such a referral, the county
prosecutor shall initiate commence an action in the court of
common pleas of any the county in which the agricultural land is
located seeking relief in accordance with this section . If the
agricultural land protected property is located in more than one
county, or adjoining tracts of agricultural land are located in
more than one county, rather than commencing a separate action
in each such county, the county prosecutors may commence one
consolidated action in the county in which the majority of the
agricultural land territory of the protected property is located
shall have . In a consolidated action, the court of common pleas
of the county in which the majority of the territory of the
protected property is located has territorial jurisdiction over
agricultural land all protected property that is the subject of
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the action. The attorney general may initiate an action in the
court of common pleas of more than one county, if necessary, in
which case, the court of common pleas in that county shall have
jurisdiction over the action in matters as it relates to the
portion of the agricultural land that is located in that county.
(3) The attorney general Once the action is commenced, the
county prosecutor shall file a notice of the pendency of the
action with the county recorder of each county in which any of
the agricultural land protected property subject to the action
is located.
(4) If the court finds that the agricultural land
protected property in question has been acquired or held in
violation of this section, it shall do all of the following:
(a) Enter an order so declaring;
(b) File a copy of the order with the county recorder of
each county in which any portion of the agricultural land
protected property is located;
(c) Declare the agricultural land escheated to the state;
(d) Order that the escheated agricultural land protected
property be sold pursuant to Chapter 2329. of the Revised Code
in the same manner as a foreclosure on a mortgage, except that
there shall be no opportunity for redemption under section
2329.33 of the Revised Code.
(5) Upon receiving an order under division (F)(4) of this
section, the clerk of the court shall notify the governor that
the title to the agricultural land protected property is vested
in the state to be sold by decree of the court. After the sale,
the proceeds of the sale shall be paid as follows:
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(a) The proceeds shall first be used First, to pay court
costs related to the action or actions initiated pursuant to
division (F)(2) of this section ;
(b) The remaining proceeds, if any, shall be paid Second,
to bona fide lien holders, in their order of priority, except
for liens that under the terms of the sale are to remain on the
property;
(c) Third, to the person whose agricultural land
escheated, but only in an amount not exceeding the actual cost
paid by the person for that agricultural land;
(c) The proceeds remaining after payments have been made
pursuant to divisions (F)(5)(a) and (b) of this section shall be
paid to the general fund of each county in which the
agricultural land protected property is located, proportionally,
based on the percentage of the territory located in each county.
(G) (G)(1) The secretary of state shall compile and
periodically update at least one time every six months a
registry of foreign adversaries and other persons that, based on
the best information available to the secretary of state,
constitute a threat to the agricultural production , critical
infrastructure, security, or military defense of this state, or
the United States, if permitted to acquire agricultural land
described in division (B)(1) of this section .
(2) The registry shall be published on the secretary of
state's web site.
(3) The secretary of state shall consult all of the
following in compiling the registry:
(1)(a) The list of persons determined to be foreign
adversaries by the secretary of commerce of the United States
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under 15 C.F.R. 7.4to have engaged in a long-term pattern or
serious instances of conduct significantly adverse to the
national security of the United States or the security and
safety of United States persons and, therefore, to constitute
foreign adversaries for the purposes of Executive Order 13873,
issued by the president of the United States on May 15, 2019 ;
(2)(b) The terrorist exclusion list compiled by the
secretary of state of the United States in consultation with the
attorney general of the United States under 8 U.S.C. 1182;
(3)(c) The list of countries determined by the secretary
of state of the United States that have repeatedly provided
support for acts of international terrorism under 50 U.S.C.
4813(c) and 22 U.S.C. 2780(d);
(4)(d) The list of individual and entities designated by,
or in accordance with Executive Order 13224, issued by the
president of the United States on September 23, 20212001, or
Executive Order 13268, issued by the president of the United
States on July 2, 2002.
(H) (4) The secretary of state shall not include on the
registry any person that does not appear on at least one of the
federal lists described in division (G)(3) of this section.
(H)(1) No person is required to determine or inquire
whether another person is or may be subject to division (B) of
this section unless the person is either:
(a) Subject to division (B) of this section;
(b) A county auditor, county sheriff, county prosecutor,
or trier of fact of a court of common pleas acting in the
person's official capacity as provided in this section or
section 319.302 of the Revised Code;
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(2) A person that is not subject to division (B) of this
section bears no liability under this section.
(3) No right, title, or interest in real property is
invalid or subject to divestment by reason of a violation of
this section by any former owner or other person holding or
owning a former interest in such real property.
(I) The purpose of establishing the restrictions as set
forth in this section is to recognize that the state has a
substantial and compelling interest in protecting its
agricultural production , critical infrastructure, security, and
military defense.
Sec. 5323.02. (A) An owner of residential rental property
shall file with the county auditor of the county in which the
property is located the following information:
(1) The name, address, and telephone number of the owner;
(2) If the residential rental property is owned by a
trust, business trust, estate, partnership, limited partnership,
limited liability company, association, corporation, or any
other business entity, the name, address, and telephone number
of the following:
(a) A trustee, in the case of a trust or business trust;
(b) The executor or administrator, in the case of an
estate;
(c) A general partner, in the case of a partnership or a
limited partnership;
(d) A member, manager, or officer, in the case of a
limited liability company;
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482 S. B. No. 88 Page 18
As Introduced
(e) An associate, in the case of an association;
(f) An officer, in the case of a corporation;
(g) A member, manager, or officer, in the case of any
other business entity.
(3) The street address and permanent parcel number of the
residential rental property.
(B) The information required under division (A) of this
section shall be filed and maintained on the tax list or the
real property record.
(C) An owner of residential rental property shall update
the information required under division (A) of this section
within sixty days after any change in the information occurs.
(D) The county auditor shall provide an owner of
residential rental property located in a county that has a
population of more than two hundred thousand according to the
most recent decennial census with notice pursuant to division
(B) of section 323.131 of the Revised Code of the requirement to
file the information required under division (A) of this section
and the requirement to update that information under division
(C) of this section.
(E) The owner of residential real property shall comply
with the requirements under divisions (A) and (C) of this
section within sixty days after receiving the notice provided
under division (D) of this section, division (D)(E) of section
319.202, or division (B) of section 323.131 of the Revised Code.
(F) Any agent designated by the owner to manage the
property on the owner's behalf may file or update any
information, or do anything otherwise required by this section,
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510 S. B. No. 88 Page 19
As Introduced
on the owner's behalf.
Section 2. That existing sections 319.202, 5301.256, and
5323.02 of the Revised Code are hereby repealed.
Section 3. This act shall be known as the Ohio Property
Protection Act.
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