Ohio Revised Code Search
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Section 5563.04 | Hearing of preliminary questions and motions.
...after the docketing of the cause as provided by section 5563.03 of the Revised Code for the hearing of all preliminary questions and motions on an appeal and the examination of the papers and proceedings. On the day fixed all preliminary motions and questions arising upon the appeal shall be heard and determined, and if the court finds that the proceedings are irregular, or that the appeal is not perfected according ... |
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Section 5563.05 | Trial by jury - selection of jurors.
...If the probate judge or common pleas judge finds that an appeal in a road improvement case has been properly perfected, and that the proceedings are substantially regular, the judge shall fix a day, not more than twenty days after the finding, for the trial of the case by jury. The jury shall be selected from the jurors drawn as prescribed in Chapter 2313. of the Revised Code. |
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Section 5563.06 | Consolidation of cases.
...court shall order the cases to be consolidated and tried together, but the rights of each person, firm, or corporation, as to compensation or damages, shall be separately determined by the jury in its verdict. |
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Section 5563.08 | Oath of jurors.
...nder a true verdict, according to the evidence, under the charge of the court. |
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Section 5563.09 | Right to view premises before testimony is submitted.
...eturned the parties shall offer their evidence to it, under the direction of the court, upon the matters appealed from. The rules of law and procedure governing civil cases in the court of common pleas apply to the trial of the cause in the probate court. |
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Section 5563.10 | Verdict of jury - court to make finding.
...At the conclusion of a trial under section 5563.05 of the Revised Code, the judge shall charge the jury and the jury shall determine in its verdict whether the improvement petitioned for or granted will be conducive to the public convenience and welfare, if an order establishing the proposed improvement or dismissing or refusing to grant the prayer of the petition is appealed. The court shall make a finding for or ag... |
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Section 5563.11 | Taxing costs.
...uance and the like shall be taxed and paid as the court directs. If there are several persons upon the side taxed with costs, the court shall apportion the costs equitably among them. In case several persons are interested on one side of the case and part of them fail, the court shall make such order as to costs as is just and equitable. In cases not specifically provided for, the court shall render such judgment in ... |
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Section 5563.12 | Enforcement of judgment.
...e instance of the persons entitled to said judgment or a part thereof, and the money, when collected, shall be paid to the persons respectively entitled thereto. |
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Section 5563.13 | Transcript and papers certified to county auditor.
...The probate judge or the common pleas judge shall make a record of all proceedings had in the court on appeal in a road improvement case, and after the termination of such proceedings, or at the conclusion of an appeal, if an appeal is prosecuted, shall certify the record to the county auditor, together with all of the original papers filed with the court on appeal. |
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Section 5563.16 | Fees and compensation taxed as costs.
...For their services required on appeal the officers and other persons mentioned in sections 5563.01 to 5563.17, inclusive, of the Revised Code, shall be entitled to the fees and compensation to which they are entitled for like services in other cases. The persons appointed by the court to show the premises to the jury shall receive such compensation as the court directs, and such compensation shall be taxed with the o... |
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Section 5563.17 | Procedure after judgment establishing improvement.
...rial is granted by the court, and the said improvement shall be established unless the judgment of such court is reversed. The board shall thereupon take the necessary steps to have the improvement platted and surveyed, and shall proceed to have the compensation and damages, on account of such improvement, determined. |
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Section 5571.01 | Road improvements.
...al. The board of township trustees may widen, straighten, or change the direction of any part of a road in connection with the proceedings for its improvement. (B) The board of township trustees may construct, improve, maintain, or repair the berm of any road under its jurisdiction, in order to provide a hard surface or other improved approach to rural mail boxes located on public highways. (C) A board of townshi... |
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Section 5571.011 | Relocating roads.
...a newspaper of general circulation in said township; (B) On the official public notice web site established under section 125.182 of the Revised Code; (C) On the web site and social media account of the township. The notice shall state that such petition has been filed and setting forth the change desired in such road and the date and place of such hearing. Upon receipt of such a petition the board of townsh... |
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Section 5571.02 | Control and maintenance of township roads.
...ads within the township. (B) It may divide the township into three road districts, in which event each trustee shall have charge of the maintenance and repair of roads within one of those districts. (C) It may appoint some competent person, not a member of the board of township trustees, to have charge of maintenance and repair of roads within the township, who shall be known as "township highway superintendent" an... |
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Section 5571.03 | Compensation of trustees.
...determines to proceed in the method provided by division (A) or (B) of section 5571.02 of the Revised Code, the trustee designated to have charge of the maintenance and repair of roads and culverts within the township, or within a road district thereof, shall receive the compensation provided by section 505.24 of the Revised Code for each day of service in the discharge of such duties, but the total compensation of a... |
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Section 5571.04 | Compensation of superintendent.
...p trustees determines to proceed as provided in division (C) of section 5571.02 of the Revised Code and appoints a highway superintendent, except as otherwise provided in section 3.061 of the Revised Code, the superintendent shall, before entering upon the discharge of the official duties of superintendent, give bond to the state, for the use of the township, in the sum of two thousand dollars, conditioned upon the f... |
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Section 5571.05 | Supervision of maintenance and repair of township roads.
...In the maintenance and repair of roads, the board of township trustees and any township highway superintendent appointed by it, shall be subject to the general supervision and direction of the county engineer. Such board of township trustees shall follow the direction of the engineer as to methods to be followed in making repairs. |
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Section 5571.06 | Persons not to be counted either for or against the improvement.
...for or against the improvement: (A) Resident landowners whose only real estate within the legal assessment distance of such road is located in a municipal corporation; (B) Owners of life and leasehold estates; (C) Minors and other persons under legal disability, unless represented by legal guardians, in which case the action of the guardian shall be binding upon such persons; (D) Lot or landowners who are not oth... |
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Section 5571.07 | Petition by landowners - duties of board of township trustees.
...nt of the land owners or lot owners, residents of the county, who are to be specifically taxed or assessed for such improvement as provided in this section, or signed by the owner of the right to mine coal lying under or adjacent to the proposed improvement, is presented to the board of township trustees asking for the construction, reconstruction, resurfacing, or improvement of any public road or part thereof, the b... |
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Section 5571.08 | Removal of obstructions.
...Except as provided in section 5571.20 of the Revised Code, the board of township trustees shall cause all the township roads within the township to be kept free from obstruction by snow. The cost and expense thereof shall be paid from the road funds of the township or from the funds allocated to the township by section 5735.27 of the Revised Code. |
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Section 5571.09 | Suits by board of township trustees.
...The board of township trustees may bring and maintain all suits involving an injury to any townhsip road, ditch, drain, or watercourse under the jurisdiction of such board and for the prevention of injury thereto. In case such road, ditch, drain, or watercourse is under the jurisdiction of two or more boards of township trustees, such joint board may bring and maintain such action. Such board or joint board may recov... |
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Section 5571.10 | Landscape and beautification projects.
... the board of township trustees may provide for landscape and beautification projects along the road. Such projects may include planting trees or other plants and installing and maintaining decorative pathways, walls, signage, fencing, banners, fountains, and other similar features. In providing for the projects, the board shall proceed in accordance with Chapter 5575. of the Revised Code. The cost of the projects ... |
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Section 5571.12 | Dragging graveled and unimproved roads semiannually.
...Except as provided in section 5571.20 of the Revised Code, the board of township trustees shall cause the graveled and unimproved public roads of the township to be dragged. At the beginning of each fiscal half year, the board, before making any other appropriations from the township road fund, shall appropriate and set aside a sum sufficient to meet the expense of dragging the graveled and unimproved public roads of... |
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Section 5571.14 | Object bounding township road may be declared public nuisance.
...rm, any vegetation, or any other object identified by the board or superintendent as interfering with or obstructing the township road under division (A) of this section. (C) The authority granted in this section does not apply to an object that is lawfully entitled to be maintained on land belonging to a township road pursuant to a franchise or other grant of public authority. |
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Section 5571.15 | Board of township trustees may improve roads without petition.
...(A) Except as provided in division (B) of this section, the board of township trustees, without the presentation of a petition, may take the necessary steps to construct, reconstruct, resurface, or improve a public road or part thereof, upon the passage of a resolution by unanimous vote declaring the necessity for the construction, reconstruction, resurfacing, or improvement. The cost thereof may be paid by any of th... |