(A) (1) The legislative body may, in its sole discretion, require monetary compensation when the county conveys away a real property interest in connection with the vacating of a county road rights-of-way or county utility easement, or any segment thereof.
(2) (a) Any conveyance for compensation done pursuant to division (A)(1) above may, in the legislative body’s sole discretion, convey only the servient estate interest while retaining the rights-of-way interest, or may convey only the rights-of-way interest while retaining the servient estate interest, with respect to any county road rights-of-way or county utility easement or any segment thereof.
(b) Any servient estate land that is conveyed away by the county to another person or entity pursuant to division (A)(1) above will still be subject to the corresponding county road rights-of-way or county utility easement rights-of-way interest that passes across and over, or through, such servient estate land unless the legislative body also expressly vacates the county’s corresponding rights-of-way interest in accordance with the requirements of this subchapter.
(3) When exercising its discretion to convey away a real property interest pursuant to division (A)(1) above, the legislative body may, in its sole discretion, decide what price, if any, shall be paid to the county by the conveyee of such land as well as other conditions and requirements for such conveyance.
(B) When a real property interest to be conveyed away by the county was originally acquired by the county through condemnation or threat of condemnation, the county may not sell the real property interest on the open market at a private or public sale unless:
(1) (a) For real property, the county gives in writing the rights of first refusal for the highest offer to the original grantor if, since the date of the original transfer to the county, the original grantor has owned real property adjacent to the transferred real property; or
(b) For an easement, the county gives in writing the rights of first refusal for the highest offer to:
1. If the original grantor owns the servient estate subject to the casement, the original grantor; or
2. If a subsequent bona fide purchaser owns the servient estate subject to the easement, the subsequent bona fide purchaser.
(2) The original grantor or subsequent bona fide purchaser described in division (B)(1) above:
(a) Expressly waives in writing the right of first refusal on the offer; or
(b) Fails to accept in writing the offer within 90 days after the day on which the original
grantor or subsequent bona fide purchaser receives notification by registered mail to the original grantor’s or subsequent bona fide purchaser’s last known address.
(3) The county is not involved in the rezoning of the property to be sold or the acquisition of additional property to enhance the value of the property being sold.
(C) (1) If the original grantor or subsequent bona fide purchaser has not waived the right of first refusal pursuant to division (B)(2)(a) above, an original grantor or subsequent bona fide purchaser may assign the right of first refusal to another person or entity.
(2) The assignment of a right of first refusal pursuant to division (C)(1) above does not extend the 90-day time for acceptance of an offer as described in division (B)(2)(b) above.
(Ord. 2023-4-2, passed 4-24-2023)