|
|
|
|
|
|
Canal Lands Purchase/Transfer Policy and Procedures
Introduction: Local and regional interest groups, working in cooperation with the Ohio Department of Natural Resources (ODNR), reviewed and revised the policies and procedures to transfer or sell ODNR's canal lands. The revised policy adds historical, environmental, recreation and economic development considerations pertaining to a particular canal parcel and its surroundings prior to a decision being made.
Purpose: To set forth guidelines for the leasing, licensing, granting of easements and sale or transfer of Canal Lands by the Ohio Department of Natural Resources (ODNR).
Mission Statement: To protect and conserve the recreational, ecological and historical values of the canal corridors in Ohio, and promote economic development opportunities through the wise use of these resources.
Authority: The Director of the Ohio Department of Natural Resources retains "exclusive authority to administer, manage and establish policies governing Canal Lands" (Section 1520.02 of the Ohio Revised Code), "except those canals that are operated by the Ohio Historical Society (OHS) on July 1, 1989" (Section 1520.03 of the Ohio Revised Code).
Download 272k PDF copy of the revised Policy and Procedures. (Revised November, 2006)
|
|
|
How to Purchase Canal Land
Can I purchase Canal Land from the State of Ohio?
A property owner, whose property adjoins State owned Canal Land, is eligible to purchase that land. However, first the State must determine if the Canal Land can be sold, and if so, what terms will apply.
How much will it cost?
Canal Land is sold for Fair Market Value (FMV). This is determined using information available through the County Auditor. The State usually retains a trail easement; FMV is adjusted accordingly.
The Process
- The first step: You must complete this form: APPLICATION FOR USE OF CANAL LANDS
- Before completing the Application for Use of Canal Lands, we recommend contacting Ohio State Parks, Canal Lands, to discuss the parcel you would like to purchase. In some cases it is unlikely that the State can agree to sell the Canal Land.
- Applications are subject to:
- If your application is denied: If, after this review process is completed, the State determines the Canal Land cannot be sold, you will be notified.
- If your application is approved: Ohio State Parks will send an internal work request to the Ohio Department of Natural Resources (ODNR) Division of Engineering, Real Estate Section. From this point your transaction will be coordinated by the Real Estate Section.
- The Real Estate Section will contact you and ask you to provide a survey of the canal property you are purchasing. The survey must include a metes and bounds description. Ask your surveyor to have the completed survey approved by your County Engineer.
- Upon receipt of your survey, the Real Estate Section will draft a Sale Agreement. The Sale Agreement says that you, the buyer, want to purchase the property at the price stated in the agreement, and that the State doesn’t need the property and agrees to sell it to you at the stated price. This agreement will be routed within ODNR for approval, and three copies will be sent to you for your signature.
- Signatures by the Grantee (you), the Chief of Ohio State Parks, the Assistant Attorney General, the Director of ODNR and the Governor are all required on the Sale Agreement. Once the Real Estate Section has obtained all signatures, the document is executed. At this point in the process, payment for the property is due. Your payment must also include a $250 processing fee. An executed original copy of the Sale Agreement will be sent to you for your files.
- The Real Estate Section will then send a request for a Governor’s Deed to the State Auditor. This deed will be routed to the Governor for signature. The signed deed will then be sent to the ODNR Real Estate Section, and they will forward it to you. You should immediately record the deed at your County Courthouse, thus officially transferring the property into your name. Retain the Governor’s Deed in your property files.
- Due to the many steps involved, this process can take 6 to 12 months.
|
|
|
ODNR Canal Lands Real Estate Review Guidelines (revised August 2009) Print the chart
Step 1 - Request is Received and Processed by ODNR
Step 2 - Local Government Entity Review (30 calendar days)
Step 3 - Stakeholder Review (30 calendar days)
Step 4 - Following Comments Stage
Step 5 - Division Chief review (14 calendar days)
Step 6 - ODNR Director Review
|
Step 1 - Request is Received and Processed by ODNR
- A request for conveyance of canal lands is received. Inquirers will be asked to fill out an applicaiton that includes a general legal description of the area where the canal is located, including the name, address and phone number of the prospective buyer, and the reason for the request
- ODNR staff verifies state ownership, including the status of any legal instruments (leases, easements, etc)
- ODNR staff conducts an onsite inspection of the parcel, takes photos, and continues ownership research and verification at county offices, including auditor, engineer, etc.
- ODNR staff assesses the request using the Real Estate Review Criteria
- If, in the judgement of the staff, the parcel is deemed inappropriate for conveyance, the process is stopped
|
Step 2 - Local Government Entity Review (30 calendar days)
- If the process continues, the request for conveyance is submitted to local goverment entities (e.g. park board, city and/or regional planning directors, county engineers, etc) for review and comment for 30 days. This 30-day period may run concurrent with stakeholder review.
- ODNR staff reviews responses from local governement entities and may continue the process with modifications (e.g. an easement), or may stop the process if a local government entity wishes to acquire the parcel for public purposes
- If the process continues, ODNR staff completes the Review Form, makes a recommendation regarding the conveyance, and assembles supporting information )ground and aerial photos, comments form local government entities, etc.)
|
Step 3 - Stakeholder Review (30 calendar days)
- The Review Form an supporting information is placed on the Division of Parks & Recreation, Canal Program website
- Stakeholders including state agencies (e.g. ODOT, Ohio Historical Society, etc.), local government entities (see previous list), non-profit organizations (e.g. conservancy districts, local historical societies, OPRA, etc.), appropriate federal agencies, and self-identified interested parties are notified by email of the currently pending request, directed to the website, and invited to comment in writing
- The request remains available for stakeholder review and comment for 30 days from notification. This 30-day period may run concurrent with the local gov’t. review
|
Step 4 - Following Comments Stage
- At the end of 30 days, the comment period closes
- Staff reviews stakeholder comments, answer the questions accordingly and makes a recommendation
- Staff forwards its recommendation and all comments and responses to the Chief of the Division of Parks & Recreation
|
Step 5 - Division Chief Review (14 calendar days)
- The Chief of the Division of Parks & Recreation has 14 calendar days to review all comments and responses and staff’s recommendation
- At the end of 14 days, the Chief's recommendation is posted on the website, with the rationale for the recommendation
- If the process continues, all comments are sent along with the Chief’s recommendation to the ODNR Director
|
Step 6 - ODNR Director Review
- The ODNR Director reviews the recommendation from the Chief , the supporting documentation, all stakeholder and local government entity comments and responses and renders a decision
- Notification of the decision is sent to the prospective buyer
- Stakeholders and local government entities are notified by email that a decision has been made
|
|
|
Q.
|
My real estate deed indicates I own a section of the old canal adjacent to my property. How can the state claim they own the canal when I have a deed for the property? |
| A. |
To expedite construction of the canal system the Ohio Legislature passed The Canal Act of 1825. The Act authorized the state to appropriate the land needed for the canals construction. Land owners were allowed up to two years to apply to the state for compensation of appropriated land. In many cases, the lands owner were so eager to have the canal come through their property and never requested compensation. Since most of the land was appropriated, deeds of transfer were never issued, and there were limited records of the transfers. Over the years, as real estate has been transferred, many deeds descriptions have inadvertently included the canal land. |
| |
|
Q.
|
I want to put a driveway over canal land to access my property. May I do this? |
| A. |
Yes, if it does not interfere with drainage, or the access of others etc., however you will need to enter into a lease agreement with the State of Ohio.
Please send a written request including details and a map, or click here to download the application form.
If your application is approved we will contact you to proceed with a lease. This same procedure applies for utilities (pipes, phone/electric, etc.).
|
|
| Status of Transfer Proposals |
| 2011 Proposals |
| County & Proposal |
Status |
Last Updated |
| Coshocton County - Cramer |
Completed |
03/12/2013 |
| Allen County - Village of Spencerville |
Completed |
03/12/2013 |
| Ross County - Pettiford |
Completed |
03/12/2013 |
| Muskingum County - Village of Dresden |
Completed |
03/12/2013 |
|
| 2010 Proposals |
| County & Proposal |
Status |
Last Updated |
| Auglaize County - Slife |
Public Review Process Completed • Proceed to sale |
07/16/2010 |
|
| 2009 Proposals |
| County & Proposal |
Status |
Last Updated |
| Fairfield County - South Central Power (download 569K pdf) |
Transfer is in progress |
06/09/2010 |
| Defiance County - Michael Shock (download 200K pdf) |
Transfer is in progress |
06/09/2010 |
| Tuscarawas County - County Commissioners (download 200K pdf) |
Transfer is in progress |
06/09/2010 |
| Miami County - Hoagland (download 324K pdf) |
Transfer is in progress |
02/24/2009 |
| Tuscarawas County - Stark County Park District (download 851K pdf) |
Transfer is in progress |
10/30/2009 |
| Auglaize County - Noble & Squire properties (download 296K pdf) |
Transfer in progress |
06/09/2010 |
| Shelby County - City of Sidney (download 1,398K pdf) |
Transfer in progress |
06/09/2010 |
|
| 2008 Proposals |
| County & Proposal |
Status |
Last Updated |
| Hocking County - Darst (download 484K pdf) |
Transfer is in progress |
01/21/2009 |
| Auglaize County - St. Marys/First Financial Bank (download 336K pdf) |
Completed |
10/30/2009 |
|
| 2007 Proposals |
| County & Proposal |
Status |
Last Updated |
| Hocking County - Sawmiller (download 428K pdf) |
Completed |
08/13/2008 |
| Licking County - Klema (download 3MB pdf) |
Completed |
08/13/2008 |
| Miami County - MCD, Troy Lumber (download 240k pdf) |
Completed |
08/13/2008 |
| Miami County - Tipp City Seniors, Inc (download 232K pdf) |
Completed |
08/13/2008 |
|
| 2006 Proposals |
| County & Proposal |
Status |
Last Updated |
| Licking County - Hoskinson (download 817K pdf) |
Pending, buyer did not execute sale agreement |
01/03/2008 |
| Licking County - Stefanich (download 1MB pdf) |
Transfer completed, Governor's Deed issued November 2006 |
01/03/2008 |
| Licking County - Twin Investments (download 588k pdf) |
Transfer nearly complete, Governor's deed in process |
06/09/2010 |
| Summit County - St Vincent-St Marys High School (download 2.3MB pdf) |
Completed July 19, 2006 |
03/23/2007 |
|
| 2005 Proposals |
| County & Proposal |
Status |
Last Updated |
| Fairfield County - Ludwig (download 2.1MB pdf) |
Contract sent, not returned |
03/23/2007 |
| Fairfield County - Thomas (download 4.1MB pdf) |
In negotiations |
|
| Fairfield County - Doerman (download 6.9MB pdf) |
Completed, Governor signed deed November 25, 2005 |
03/23/2007 |
| Fairfield County - Neeley (download 3.6MB pdf) |
Completed |
03/23/2007 |
|
|
|
|
|
|
|
| If you have comments or questions, please contact: |
| |
Brian Mitchell
Ohio Department of Natural Resources
Office of Real Estate
2045 Morse Road, E-2
Columbus, OH 43229-6693
614-265-6388 Voice
614-267-4764 Fax
Brian.Mitchell@dnr.state.oh.us |
|
|
|
|
|
|
|