Ohio Revised Code Search
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Section 6131.09 | Preliminary report by county engineer.
... report on the proposed improvement, which shall include all of the following: (1) A preliminary estimate of the cost of the proposed improvement; (2) Comments on the feasibility of the project; (3) A statement of the engineer's opinion as to whether benefits from the project are likely to exceed the estimated cost; (4) A list of factors apparent to the engineer, both favorable and unfavorable to the proposed... |
Section 6131.10 | Viewing of premises.
...(A) On the date established for the view of a proposed improvement, the county engineer or its designated representative shall present an overview of the proposed improvement, using methods and means that the board of county commissioners determines will adequately inform those attending the view about the proposed improvement's location and the drainage issues intended to be addressed by the proposed improvement. ... |
Section 6131.101 | First hearing on petition for proposed drainage improvement.
...ainst the granting of any laterals, branches, spurs, or change of route, course, termini, or manner of construction described in the petition or in any amendment. (B) If necessary, the board of county commissioners may recess and continue the hearing on subsequent days as may be reasonable to consider additional information about the proposed improvement or so that all interested owners may have an opportunity to c... |
Section 6131.11 | Dismissal of petition - appeal.
...urt of common pleas of the county in which the petition was filed, as provided in sections 6131.12 to 6131.64 of the Revised Code. If no appeal is filed within thirty days pursuant to section 6131.25 of the Revised Code, the bond shall cover all the costs incurred in the proceedings. Any remaining funds from the bond shall be returned to the petitioner. (C) An order issued by the board under this section is effecti... |
Section 6131.12 | Grant of petition.
...the proposed improvement and of the branches, spurs, and laterals thereof and the manner of constructing the same. The board, without request or application, may by its order change either terminus of the proposed improvement or the route thereof if it finds that the change is necessary to accomplish the purposes of the improvement. (2) Order the county engineer to prepare the reports, plans, and schedules as prov... |
Section 6131.13 | Consolidation of petitions.
...or two or more separate improvements which connect with each other, or which serve common territory, or which can readily be combined into one system. In case of such consolidation, the board shall enter its action upon its journal, and if necessary, it shall order the county engineer to re-estimate and make such further reports and schedules as are necessary upon its order consolidating the improvements. If two or m... |
Section 6131.14 | County engineer's duties.
...mate of the cost of the improvement, which shall include actual construction cost, the cost of engineering, the cost of the first year maintenance, and the cost of notices, publication, and other incidental expenses. If applicable, the engineer may recommend the maintenance district in which the improvement shall be placed. The assessment of the improvement for maintenance for one year shall be credited to the mainte... |
Section 6131.15 | Schedule of assessments.
...A) The county engineer shall prepare a schedule of assessments that includes all of the following: (1) The name and address of each private owner of land and a description of the land to be benefited by the proposed improvement. The engineer shall obtain the names and addresses from the tax duplicates of the county. The engineer shall obtain the description from the county recorder's office. For purposes of the des... |
Section 6131.16 | Notice of assessments and final hearing.
...mmissioners of the reports, plans, and schedules by the county engineer as provided in section 6131.14 of the Revised Code, the board of county commissioners shall fix a date not fewer than twenty-five nor more than ninety days thereafter when a final hearing on the report shall be held. (B) At least twenty-one days prior to the date established for the hearing, the clerk shall provide notice to all owners that ar... |
Section 6131.17 | Exceptions to engineer's schedules of assessments.
... an exception to the county engineer's schedules of assessments or file a claim for damages or compensation with the clerk of the board of county commissioners not less than five days before the date of the final hearing in the proceedings to construct the improvement. (B) An owner shall include with an exception or claim for compensation or damage the nature of the exception or claim, the amount claimed, if any, a... |
Section 6131.19 | Hearing on compensation or damages.
...(A) At the final hearing, or at such time the final hearing is adjourned to hear claims for compensation or damages, the board of county commissioners shall hear any competent evidence offered by any affected owner upon the county engineer's estimate of damages and upon any claim filed for compensation or damages. (B) Upon consideration of all the evidence, the county engineer's schedule of estimated damages, and a... |
Section 6131.20 | Final hearing.
...ear any application that is filed for a change of the route or course of the proposed improvement, or of either terminus thereof, from that shown in the report of the county engineer. The board may hear any application to make any change in the nature, kind, or extent of the work proposed to be done, as shown in the report of the engineer. If the board finds that such changes will better accomplish the purpose and ob... |
Section 6131.21 | Factors to be considered by commissioners at final hearing.
...fter receiving and considering all the schedules, plans, and reports filed by the county engineer, the board of county commissioners shall review its former order to proceed with project survey and design for the proposed improvement and shall either affirm its former order and proceed to confirm the assessments and order the letting of the contract or shall set aside its former order and dismiss the petition. (B)... |
Section 6131.22 | Approval and confirmation of assessments.
...y owner or on any land as shown by the schedule of assessments filed by the county engineer and shall hear any competent evidence on the question of benefits. (B)(1) The board, from the evidence offered and from an actual view of the premises, shall amend and correct the assessments, and the assessments so amended or corrected shall be approved by the board. (2) An assessment for benefits to the general public b... |
Section 6131.23 | Semiannual installments for payment of assessments.
...be issued and sold in anticipation of such payments. If bonds or notes are to be issued, the interest shall be added to the assessments. (B) If the estimated cost of the improvement does not exceed five hundred dollars, not more than two semiannual installments, as taxes are paid, shall be given to owners of lands benefited to pay the assessments that are made for the improvement. If the estimated cost of the impro... |
Section 6131.24 | Preliminary steps for receiving bids for drainage improvements.
...(A) The board of county commissioners shall fix a date, time, and place at the final hearing for the county engineer to receive bids. The county engineer shall prepare the necessary bid documents and legal advertisements as provided in sections 307.87 and 307.88 of the Revised Code. (B) If an appeal has been taken to the court of common pleas, as provided in section 6131.25 of the Revised Code, the bids may be rece... |
Section 6131.25 | Appeals.
...oard of county commissioners under this chapter, and may appeal any one or more of the following questions: (1) Is the improvement necessary? (2) Will the improvement be conducive to the public welfare? (3) Is the cost of the improvement greater than the benefits conferred? (4) Is the route, termini, or mode of construction the best to accomplish the purpose of the improvement? (5) Are the assessments levie... |
Section 6131.27 | Transcript of order for drainage improvement.
... county commissioners, and shall file such transcript with the clerk of the court of common pleas, together with the permanent files of records of the proceedings maintained by the board of county commissioners and county engineer as required under section 6131.061 of the Revised Code. |
Section 6131.28 | Joinder and separation of appeals.
...action in the court of common pleas, which court, on any appeal, may separate for hearing or trial the issues appealed to said court, and render its order, judgment, or decree upon the issues as the same are determined. The case on appeal shall be advanced, or tried as soon as the court can hear it. |
Section 6131.30 | Appeal procedure in common pleas court.
...ile the engineer's reports, plans, and schedules, the court also shall enter an order for transfer from the general revenue funds of the county to the general drainage improvement fund a sum of not more than twenty-five per cent of the engineer's preliminary estimate. |
Section 6131.31 | Procedures for findings on appeal.
...county engineer and without any of the schedules, plans, or reports having been filed by the engineer, finds that the construction of the improvement is not necessary or will not be conducive to the public welfare or that the cost will probably exceed the benefits, the court need not order a survey of the improvement, shall find against the improvement, and shall dismiss the petition therefor. The costs before the bo... |
Section 6131.32 | Right of trial by jury.
...On appeal from an order made by the board of county commissioners allowing or refusing to allow compensation or damages, the owners interested shall have the right of trial by jury. The jury may view the premises, as in other civil cases. |
Section 6131.33 | Jury verdict form.
...jury, with appropriate verdicts as to each claim. The court also may direct separate trials for the separate claims and issues. The court shall instruct the jury that it shall not consider or deduct the value of any benefits that such land will receive from the construction of such improvement. |
Section 6131.34 | Costs and fees.
...damages. On appeals of other matters which are tried to the court sitting as a court of equity, the court shall adjudge the costs as it deems just and equitable except as otherwise provided in section 6131.01 to 6131.64, inclusive, of the Revised Code. |
Section 6131.36 | Certification of transcript of common pleas proceedings to county commissioners.
...dings in the court of appeals or in the supreme court. |