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Witnesses urge clarification that CAUV recoupment not applied to qualifying conservation land

Senate Ways and Means Committee · February 10, 2026

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Summary

At a second hearing, the Stream and Wetlands Foundation urged passage of Senate Bill 285 to clarify that CAUV recoupment does not apply to conservation land exempt under Revised Code section 5707.09; witnesses said recoupment should apply only if land is later converted to non-conservation uses.

Witness testimony at the Senate Ways and Means Committee described Senate Bill 285 as a technical clarification to Ohio law on property-tax recoupment. Vince Messerly, president of the Stream and Wetlands Foundation, said the bill would make clear that CAUV (Current Agricultural Use Value) recoupment does not apply to conservation land that already qualifies for an exemption under Revised Code section 5707.09; he said recoupment would only be applied if the land is later converted to non-conservation uses.

Messerly said his foundation has property in 12 counties, reported annual property taxes of about $70,000 and said its largest holding is roughly 480 acres in Ashtabula County. He told the committee that, without the clarification, some counties have taken inconsistent views on whether CAUV recoupment applies, creating uncertainty for conservation organizations.

Senator Schafer asked a hypothetical about what would happen if recoupment were not recognized across all 88 counties; Messerly said mitigation and development costs would likely be passed to permit applicants and referenced an economic analysis by the Legislative Service Commission. Messerly urged the committee’s support and offered to answer questions.

The committee accepted testimony and concluded the second hearing on Senate Bill 285 without recording a vote.