901-2-06 Determination of selected application properties.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Agriculture

Agency Name

 

Peter Esselburne

Division                                                                  Contact

 

8995 E. Main St. Reynoldsburg OH 43068-3399	614-728-6430	614-995-4585
Agency Mailing Address (Plus Zip)	Phone	Fax

 

 

901-2-06

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Determination of selected application properties.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 901.22(A)

5.  Statute(s) the rule, as filed, amplifies or implements: 901.22

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

To state the department's policy for the determination of selected applicantions and purchase of easements.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

Places the responsibility for obtaining a currenty title search, title commitment, land survey, and appraisal on the landowner. Provides for a committment letter from an interest holder who will not subordinate their interest in favor of the State.

Rule spells out the provisions of the purchase option and the responsibilities of the department and the applicant in enforcing the easement.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

Referenced material is the Revised Code and the OAC

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

N/A

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

To state who is responsible for the payment of the title search, title insurance commitment, appraisal, survery and the providing of subordination agreements.

12. 119.032 Rule Review Date: 2/1/2007

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase

/decrease either revenues /expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will decrease expenditures.

$50,000.00

Based on the costs associated with easements for 13 farms, the changes will save the department: $1,000.00 per farm for title insurance

$400.00 per farm for recording titles

$500.00 per farm for title searches

$2,000.00 per farm for appraisals

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

N/A

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

$3,900.00 costs per farm.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No