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REAL ESTATE ACQUISITION POLICY

TO: AFFECTED DIVISIONS/OFFICES, ETC.
FROM: SAM SPECK, DIRECTOR
SUBJECT: REAL ESTATE ACQUISITION POLICY
Effective March 28, 2005
Purpose To set forth guidelines to establish and implement a Department policy for the acquisition of real estate and to establish guidelines to implement procedures in using Real Estate Work Requests for all ODNR divisions. This will result in a more efficient and effective land acquisition process.
Authority
ORC 1501.01
ORC 1503 (Forestry)
ORC 1517 (Natural Areas)
ORC 1531 (Wildlife)
ORC 1541 (Parks and Recreation)
Reference
Real Estate Acquisition Background
Project Overview/Summary
Real Estate Work Requests
USDA Prime Farmland Map Units for Ohio
ODNR Wetlands Directive
ODNR Farmlands Directive
ODNR Fountain Square Procedures
Divisional Master Plans
Resource Real Estate and Land Management - Real Estate Administrator

Land that improves operational efficiency:

  • Land surrounded by department owned property (inholdings)
  • Land which provides access to existing department owned land
  • Land which resolves boundary conflicts
  • Land within existing approved purchase units

Land supporting threatened and/or endangered species

Land containing unique natural features

  • The Department will focus land acquisition efforts on the top 25 sites identified by the Heritage Database over the next four years
  • Land protecting or restoring valuable wildlife habitat:
  • Emphasis on high quality wetlands
  • Provide public hunting and fishing areas to replace lands no longer available to hunting and fishing
  • Provide educational or wildlife viewing opportunities

Land crucial for the protection of Ohio's eleven designated State Scenic Rivers

Land which, under private ownership, is a threat to the enjoyment or integrity of an existing department-owned area

Land which meets a need identified by the public (e.g. Access to Lake Erie and the Ohio River)

As an alternative to land acquisition, the Department will use less than fee simple acquisition (lease, conservation easement, dedication) where possible. As a continuing management strategy, the Department will divest itself of operational responsibility or transfer land to local agencies where appropriate and with local approval.

As a funding source for land acquisition, the Department will focus on utilizing NatureWorks and the 12 non-GRF sources. In all instances, the Division of Real Estate and Land Management shall purchase land that is available for sale from willing sellers (eminent domain purchases require the approval of the Governor).

The Department will continue to involve community leaders and local elected officials throughout real estate acquisition efforts. The Department will inform the Governor's Regional Representative of any single purchase of land I 00 acres or larger.

Procedure

This procedure shall be used for all acquisitions of fee interest in real estate, conservation easements and dedications. This procedure will be adhered to by all ODNR divisions. There will be no variations without the approval of the Chief, Division of Real Estate & Land Management (REALM). All requests for real estate acquisitions shall be submitted using the Real Estate Work Request form (attached) signed by the Division Chief. The requesting division shall completely fill out the Real Estate Work Request for and forward the request to the Division's Deputy Director for approval. The approved work order will be sent to REALM for processing. If the proposed acquisition is 100 acres or larger an overview of the project is to be submitted with the work request to the Deputy Director's office (Summary Outline attached.) The Administration will submit the summary to the appropriate Governor's Regional Economic Development Representative and send a copy to REALM for inclusion in the project file.

After approval by the Deputy Director and Governor's Office, if applicable, the work request and all supporting documents will be sent to REALM. REALM will log the request and evaluate for the following:

  • Compliance with ODNR's Real Estate Acquisition Directive
  • Compliance with ODNR's Environmental Directives
  • Compliance with ODNR's Wetland Directive
  • Compliance with R & R Commission requirements
  • Compliance with Divisional Master Plan requirements
  • Compliance with Farmland Preservation Directive

Upon compliance with the above, the work request will be approved and signed by the Real Estate Administrator and the Chief of REALM for final action by the Real Estate Section. If the work request is not approved, it will be returned to the requesting division for necessary correction and resubmission.

All appraisal, title, negotiations and acquisition activities shall be the responsibility of REALM. The Divisions are encouraged to support the acquisition process. However, it is important all parties understand that REALM is responsible for completing the acquisition. No one is authorized to contact the seller or any other parties to the transaction without the expressed approval of REALM.

Acquisitions Flow Chart

Job Hotline 614-265-6990 | Office of Human Resources 614-265-6981

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