Ohio Rev. Code § 317.32

Current with legislation from 2024 received as of August 15, 2024.

Section 317.32 - Recording fees

The county recorder shall charge and collect fees to include, except as otherwise provided in division (A)(2) of this section, base fees for the recorder's services and housing trust fund fees collected pursuant to section 317.36 of the Revised Code, and may charge and collect a document preservation surcharge, as follows:

(A)

(1) Except as otherwise provided in division (A)(2) of this section, for recording and indexing an instrument if the photocopy or any similar process is employed :

(a) A base fee of seventeen dollars for the first two pages and a housing trust fund fee of seventeen dollars, and a base fee of four dollars and a housing trust fund fee of four dollars for each subsequent page, size eight and one-half inches by fourteen inches, or fraction of a page, including the caption page, of such instrument; and

(b) A document preservation surcharge of up to five dollars, which shall be deposited in the county treasury to the credit of the county general fund.

(2) For recording and indexing an instrument described in division (D) of section 317.08 of the Revised Code if the photocopy or any similar process is employed, a fee of thirty-four dollars for the first two pages to be deposited as specified elsewhere in this division, and a fee of eight dollars to be deposited in the same manner for each subsequent page, size eight and one-half inches by fourteen inches, or fraction of a page, including the caption page, of that instrument. If the county recorder's technology fund has been established under section 317.321 of the Revised Code, of the thirty-four dollars, seventeen dollars shall be deposited into the county treasury to the credit of the county recorder's technology fund and seventeen dollars shall be deposited into the county treasury to the credit of the county general fund. If the county recorder's technology fund has not been established, the thirty-four dollars shall be deposited into the county treasury to the credit of the county general fund.

(3) The document preservation surcharge is intended to support the preservation and digitization of documents and ongoing costs incurred by a county recorder's office to make available to the public a web site with appropriate security features, electronic document hosting, online viewing, and print and download features that enable an individual to print or download a copy of a public record from the web site.

(B) For certifying a copy or electronic record from the record previously recorded, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by fourteen inches, or fraction of a page; for each certification if the recorder's seal is required, except as to instruments issued by the armed forces of the United States, a base fee of fifty cents and a housing trust fund fee of fifty cents;

(C) For entering or indexing any marginal reference, or any reference previously accomplished as a marginal reference now accomplished through electronic means, by separate recorded instrument, a base fee of two dollars and a housing trust fund fee of two dollars for each marginal reference, or reference previously accomplished as a marginal reference now accomplished through electronic means, set out in that instrument, in addition to the fees set forth in division (A)(1) of this section;

(D) For indexing in the real estate mortgage records, pursuant to section 1309.519 of the Revised Code, financing statements covering crops growing or to be grown, timber to be cut, minerals or the like, including oil and gas, accounts subject to section 1309.301 of the Revised Code, or fixture filings made pursuant to section 1309.334 of the Revised Code, a base fee of two dollars and a housing trust fund fee of two dollars for each name indexed;

(E) For filing zoning resolutions, including text and maps, in the office of the recorder as required under sections 303.11 and 519.11 of the Revised Code, a base fee of twenty-five dollars and a housing trust fund fee of twenty-five dollars, regardless of the size or length of the resolutions;

(F) For filing zoning amendments, including text and maps, in the office of the recorder as required under sections 303.12 and 519.12 of the Revised Code, a base fee of ten dollars and a housing trust fund fee of ten dollars regardless of the size or length of the amendments;

(G) For photocopying a document, other than at the time of recording and indexing as provided for in division (A)(1) or (2) of this section, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by fourteen inches, or fraction thereof;

(H) For local facsimile or electronic transmission of a document, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by fourteen inches, or fraction thereof; for long distance facsimile transmission of a document, a base fee of two dollars and a housing trust fund fee of two dollars per page, size eight and one-half inches by fourteen inches, or fraction thereof;

(I) For recording a declaration executed pursuant to section 2133.02 of the Revised Code or a durable power of attorney for health care executed pursuant to section 1337.12 of the Revised Code, or both a declaration and a durable power of attorney for health care, a base fee of at least seventeen dollars but not more than twenty dollars and a housing trust fund fee of at least seventeen dollars but not more than twenty dollars.

In any county in which the recorder employs the photostatic or any similar process for recording maps, plats, or prints the recorder shall determine, charge, and collect for the recording or rerecording of any map, plat, or print, a base fee of five cents and a housing trust fund fee of five cents per square inch, for each square inch of the map, plat, or print filed for that recording or rerecording, with a minimum base fee of twenty dollars and a minimum housing trust fund fee of twenty dollars; for certifying a copy from the record, a base fee of two cents and a housing trust fund fee of two cents per square inch of the record, with a minimum base fee of two dollars and a minimum housing trust fund fee of two dollars.

The fees provided in this section shall be paid upon the presentation of the instruments for record or upon the application for any certified copy of the record, except that the payment of fees for providing copies of instruments conveying or extinguishing agricultural easements to the office of farmland preservation in the department of agriculture under division (H) of section 5301.691 of the Revised Code shall be governed by that division, and payment of fees for electronic recording may be made by electronic funds transfer, automated clearing house, or other electronic means after presentation.

The fees provided for in this section shall not apply to the recording, indexing, or making of a certified copy or to the filing of any instrument by a county land reutilization corporation.

The fees provided for in this section shall not apply to the recording, indexing, or making of a certified copy or to the filing of any instrument by a county land reutilization corporation's wholly owned subsidiary or any other electing subdivision as defined in section 5722.01 of the Revised Code if the wholly owned subsidiary or the electing subdivision is acting in capacity consistent with the purpose of the land reutilization program.

R.C. § 317.32

Amended by 135th General Assembly,SB 94,§1, eff. 10/24/2024.

Amended by 134th General Assembly, SB 61,§1, eff. 9/13/2022.

Amended by 134th General Assembly File No. TBD, HB 93,§1, eff. 4/29/2022.

Amended by 133rd General Assembly, HB 166,§101.01, eff. 10/17/2019.

Amended by 130th General Assembly, SB 172,§1, eff. 9/4/2014.

Amended by 130th General Assembly, HB 72,§1, eff. 1/30/2014.

Amended by 130th General Assembly, HB 59,§101.01, eff. 9/29/2013.

Amended by 129th General Assembly, HB 479, §1, eff. 3/27/2013.

Effective Date: 08-01-2003; 04-15-2005; 2008 HB562 09-22-2008.