2006 Ohio Revised Code - 5723.11. Payment of excess proceeds of sale to owner; civil action to determine owner.

§ 5723.11. Payment of excess proceeds of sale to owner; civil action to determine owner.
 

If any forfeited lands are sold for a greater sum than the amount of the tax, assessment, penalty, interest, and costs of sale, the county auditor shall charge the county treasurer separately in each case, in the name of the supposed owner, with the excess above such amount. The treasurer shall retain such excess in the treasury for the proper owner of the forfeited lands, and upon demand by such owner, within six years from the day of sale, shall pay the excess to him. 
 

If the treasurer, upon demand, is not fully satisfied as to the right of the person demanding to receive such excess sum or if there are several different claimants, he shall commence a civil action by filing a petition of interpleader in the court of common pleas of the county where the land was sold, wherein he shall make the person claiming the excess, and the state, defendants, and the action shall proceed as other civil actions. The costs of the proceedings shall be paid by the person claiming the excess, as the court orders. The prosecuting attorney shall prosecute the action, in behalf of the treasurer. 
 

HISTORY: RS § 2907; S&C 1472; 56 v 175, § 103; GC §§ 5757, 5758; 114 v 825; Bureau of Code Revision, 10-1-53; 133 v S 304 (Eff 11-18-69); 139 v H 379. Eff 9-21-82.

 

Ohio Rules

Interpleader, CivR 22.