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Law director outlines land‑reutilization options under Ohio law for Bratenahl
Summary
At the Oct. 27 meeting Law Director David J. Matty outlined Ohio Revised Code Chapter 5722 and explained how Bratenahl participates in the county land‑reutilization program, the limits on acquiring delinquent parcels in the village, and what would be required to form a standalone municipal land‑bank program.
David J. Matty, the village law director, gave a primer on Ohio Revised Code Chapter 5722 and how Bratenahl interacts with Cuyahoga County’s land reutilization (land‑bank) program. Matty said the county notifies municipalities about tax‑delinquent parcels and gives villages the option to acquire parcels that are suitable for municipal use.
Matty explained that Bratenahl is a member of the county program and that the Village has not formed its own municipal land‑bank. He noted practical limits for the village: many delinquent parcels in Bratenahl are small, mortgaged residential lots or condominium units that would be costly to rehab and that the village lacks staff and scale to repurpose large numbers of those properties. “If they are delinquent on the lake, you can’t afford to purchase those properties, because they’ll never come to you if they’re tax delinquent,” Matty said, urging realistic expectations about which parcels are feasible for municipal acquisition.
Fiscal staff said the county reported 15 tax‑delinquent parcels in the village; six are on payment plans and nine remain delinquent. Matty suggested the most useful municipal strategy would be to identify parcels contiguous with village property that could be combined into a practical redevelopment parcel, and he recommended the village get a clear inventory of municipal holdings to support any targeted land strategy.
Matty also described alternative vehicles for assembling property or leveraging development partnerships, including forming a Community Improvement Corporation (CIC) or a Community Development Corporation (CDC). Such vehicles can hold parcels and provide greater flexibility in negotiating with developers, but they require initial capital, staff capacity and clear policy direction from Council.
Next steps raised in the meeting included the suggestion that Council or the Mayor direct the law director to review conservation‑easement contracts and that the administration produce an inventory of village properties to identify contiguous parcels that could support redevelopment or public uses. Matty said he would undertake contract review or other legal research only if directed by Council or the Mayor.
