2011 Ohio Revised Code
Title [53] LIII REAL PROPERTY
Chapter 5310: REGISTRATION OF LAND TITLES
5310.38 Implementation of resolution of abolition.

(A) A resolution of abolition shall not be implemented until one of the following applies:

(1) The time for bringing an action under section 5310.37 of the Revised Code has expired without the commencement of such an action;

(2) An action was commenced under section 5310.37 of the Revised Code, the court has dismissed the action, and:

(a) The time for appeal of the dismissal has expired;

(b) The dismissal has been appealed, and appeals have been exhausted without the dismissal having been reversed.

(3) An action was commenced under section 5310.37 of the Revised Code, the court issued an order enjoining implementation of abolition of land registration, the board of county commissioners or county recorder appealed the order, and appeals have been exhausted with the order having been reversed.

(B) The county recorder shall administer this section by closely monitoring the course of events following adoption of a resolution of abolition. Within ten days after implementation of the resolution becomes required under division (A) of this section, the recorder shall notify the board, the clerk of the court of common pleas, and the clerk of the probate court in writing of the fact and set the date upon which implementation of abolition of land registration in the county is to begin. The date thus set, which is the “date of implementation,” shall be not later than one month after the day upon which implementation became required under division (A) of this section.

If one or more parcels of land registered in the county lie partly in another county or counties, the recorder shall send a copy of the notice required by the preceding paragraph to the recorder, clerk of the court of common pleas, and clerk of the probate court of each such other county.

(C) Beginning on the date of implementation, winding up of land registration shall proceed to completion in the county, and to the extent required in any nonabolishing county, as provided in sections 5310.41 to 5310.54 of the Revised Code. Except as necessary for the winding up of land registration, Chapter 5309. and sections 5310.01 to 5310.21 of the Revised Code do not apply in the county on and after the date of implementation.

Effective Date: 02-28-1991