Ohio Revised Code Search
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Section 6131.06 | Bond to be filed with petition.
...ion as lands that will benefit from the improvement. (B) The bond shall be made payable to the county, to the credit of the general drainage improvement fund or a special fund created for the proposed improvement, and conditioned to pay all costs associated in preparing for the view and first hearing if the petition is not granted or if the petition is for any cause dismissed. (C) The clerk of the board of county... |
Section 6131.061 | [Former R.C. 6131.57, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Record keeping.
... shall maintain a file for the proposed improvement containing a record of the petition, amendments, comments, notices, proceedings, resolutions, orders, and any other record regarding the proposed improvement that is filed with the board. (B) The county engineer shall maintain a file for the proposed improvement that contains a record of the petition, amendments to the petition, all reports, estimates, surveys, m... |
Section 6131.07 | Notice and hearing on petition.
...t in writing before or in person at the public hearings on the petition; (6) The address at which to file an amendment to the petition or submit written comments on the proposed amendment or the petition. (D) The clerk shall notify all owners that are adjacent to the proposed improvement by certified mail and shall notify all other owners by certified mail or first class mailings. The words "Legal Notice of Propo... |
Section 6131.08 | Comments on petition.
.... Comments may be made in person at the public hearings on the petition or by filing written comments with the clerk of the board of county commissioners. |
Section 6131.09 | Preliminary report by county engineer.
...re a preliminary 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... |
Section 6131.10 | Viewing of premises.
... 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. (B) Upon a req... |
Section 6131.101 | First hearing on petition for proposed drainage improvement.
...st hearing on a petition for a proposed improvement, the board of county commissioners shall do both of the following: (1) Hear the preliminary report of the county engineer required under section 6131.09 of the Revised Code; (2) Hear any evidence offered by any owner for or against the granting of the proposed improvement or for or against the granting of any laterals, branches, spurs, or change of route, course... |
Section 6131.11 | Dismissal of petition - appeal.
...necessary, will not be conducive to the public welfare, or that the estimated cost of the proposed improvement will exceed the benefits to be derived if it is constructed, the board shall dismiss the petition for the proposed improvement and enter its findings upon its journal. (B) Any owner who is affected by the order of dismissal may appeal to the court of common pleas of the county in which the petition was fil... |
Section 6131.13 | Consolidation of petitions.
...olidate and treat as a petition for one improvement petitions pending at the same time for 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 a... |
Section 6131.15 | Schedule of assessments.
...otal estimated assessments allocated to public corporations and the state, shall equal the estimated cost of the proposed improvement. (3) An explanation of each assessment that is for purposes other than drainage; (4) The benefits accruing to political subdivisions and any department, office, or institution of the state. The engineer shall determine the estimated cost of the improvement that each political subdi... |
Section 6131.16 | Notice of assessments and final hearing.
... and location of the final hearing. The publication of this notice shall be made in one issue of the newspaper if the individual notices are sent by certified mail. If the individual notices are sent by first-class mail in five-day return envelopes, the publication of this newspaper notice shall be made in two issues of the newspaper, and the notice shall include a list of the names of all addressees whose individual... |
Section 6131.17 | Exceptions to engineer's schedules of assessments.
...ing 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, and the identity of the property claimed to be taken or damaged. |
Section 6131.19 | Hearing on compensation or damages.
...r property to be taken for the proposed improvement. (C) If the board of county commissioners awards additional compensation to any owner, the board shall order the county engineer to prepare new assessments for the proposed improvement and the clerk of the board shall notify all owners of the new assessments pursuant to section 6131.16 of the Revised Code. (D) An owner may appeal an order of the board of county... |
Section 6131.20 | Final hearing.
...At the final hearing on a proposed improvement, the board of county commissioners shall hear 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... |
Section 6131.22 | Approval and confirmation of assessments.
... assessment for benefits to the general public because the improvement is conducive to the public welfare shall be paid by the public and shall be assessed against the county payable from the general fund. (3) An assessment found to benefit state roads or highways shall be assessed against the state payable from motor vehicle revenues. (4) An assessment found to benefit county roads or highways shall be assesse... |
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.
...ill 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 levied according to benefits? (6) Is the award for compensation or damages just? (B) The appeal may be taken from any order affecting any part of the im... |
Section 6131.27 | Transcript of order for drainage improvement.
...If an appeal is filed pursuant to section 6131.25 of the Revised Code, the clerk of the board of county commissioners shall promptly prepare a transcript of the orders made by the board of 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 a... |
Section 6131.28 | Joinder and separation of appeals.
... may appeal from the orders in the same improvement. If several owners appeal, only one transcript need be made by the clerk of the board of county commissioners. All the appeals shall be filed in one 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.... |
Section 6131.30 | Appeal procedure in common pleas court.
...nt, order, or decree for or against the improvement petitioned for and for or against the assessments to be levied and the compensation and damages to be paid. (B) If the court orders the county engineer to make a survey and file 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 o... |
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.
...l receive from the construction of such improvement. |
Section 6131.34 | Costs and fees.
...If the appellants, on claims for compensation or damages, do not recover a judgment for more than the amount of compensation or damages awarded by the board of county commissioners, the costs on the hearing as to compensation or damages on appeal shall be taxed against the appellants. If the amount recovered is greater than the amount awarded by the board, the costs shall be taxed against the county. The prosecutin... |
Section 6131.36 | Certification of transcript of common pleas proceedings to county commissioners.
...nty engineer shall proceed with letting contracts and constructing the improvement, and the county auditor shall proceed to levy and collect assessments and to pay compensation and damages as if no appeal had been taken. If an appeal is filed pursuant to section 6131.25 of the Revised Code, the board and the engineer shall stay their proceedings until the final determination of the proceedings in the court of appeals... |
Section 6131.37 | Bids for drainage improvements.
...shall be paid into the general drainage improvement fund. |