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Section 6131.061 | [Former R.C. 6131.57, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Record keeping.

...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, maps, plans, drawings, schedules, and oth...

Section 6131.07 | Notice and hearing on petition.

...nty. If such an owner is a foreign or domestic railroad company, regardless of whether the charter thereof prescribes the manner or place of service of process thereon, the notice shall be addressed to the property owner of record as listed by the county auditor on the general tax list. If such an owner other than a railroad company does not maintain a regular place of business in the county, then the notice shall be...

Section 6131.08 | Comments on petition.

...wner who has not joined in a petition filed in accordance with section 6131.04 of the Revised Code may comment on the proposed improvement at any time before a final order on the petition is made by the board of county commissioners. 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.

...s apparent to the engineer, both favorable and unfavorable to the proposed improvement. (B) In addition to reporting on the improvement as petitioned, the engineer may submit alternate proposals to accomplish the intent of the petition. (C) The county commissioners may require the county engineer to file any additional preliminary reports that in the opinion of the board will serve as a guide to the board and the...

Section 6131.10 | Viewing of premises.

... a longer period, until the view is completed.

Section 6131.101 | First hearing on petition for proposed drainage improvement.

...ng 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 comment on the proposed improvement. (C) At the conclusion of the first hearing, the board shall vote to determine whether to proceed with the project survey and design or to dismiss the petition, taking into consideration the petition, the prelimin...

Section 6131.11 | Dismissal of petition - appeal.

...ssal may appeal to the court 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 unde...

Section 6131.12 | Grant of petition.

...o prepare the reports, plans, and schedules as provided in this chapter. (3) Set a date for the filing of reports, plans, and schedules by the engineer, allowing such time as is necessary for the preparation of the reports, plans, and schedules by the engineer, and such time may be extended from time to time by the board. (D) After the thirty-day period for appeal provided under section 6131.25 of the Revised Co...

Section 6131.13 | Consolidation of petitions.

...and make such further reports and schedules as are necessary upon its order consolidating the improvements. If two or more improvements are consolidated, the proceedings after consolidation shall be the same as if all the matters were petitioned for in one petition.

Section 6131.14 | County engineer's duties.

...rk as it progresses and shall, with the assistance of the prosecuting attorney, prepare forms for contracts with bidders and forms of bid guaranties that meet the requirements of section 153.54 of the Revised Code. (J) Upon the acceptance of the contract work, the engineer shall file with the county recorder all of the following: (1) A property plat showing the owners of record and parcel numbers along the drainag...

Section 6131.15 | Schedule of assessments.

...he county recorder shall not require a metes and bounds survey. (2) The amount of the estimated assessment to be assessed to each tract of land. An assessment shall not be less than ten dollars. The total amount of the estimated assessments, including the total estimated assessments allocated to public corporations and the state, shall equal the estimated cost of the proposed improvement. (3) An explanation of ea...

Section 6131.16 | Notice of assessments and final hearing.

...nd the notice to all the owners whose names appear in the engineer's schedules of assessments and damages. The clerk shall mail the notice to each address as given in the petition or to such address as the clerk learns to be the correct address, as provided in section 6131.07 of the Revised Code. If the schedule of assessments or the schedule of damages filed by the engineer contains the names of owners other than th...

Section 6131.17 | Exceptions to engineer's schedules of assessments.

...(A) An owner may file 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 amou...

Section 6131.19 | Hearing on compensation or damages.

...stimate 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 view of the affected property, if the board desires a view, the board shall determine the amount of damages for each claim filed by an owner, and shall also determine the value of any land or any other property to be taken for the proposed im...

Section 6131.20 | Final hearing.

...the board finds that such changes will better accomplish the purpose and object of the proposed improvement, it may make such change. If a change is made in the plan, or if the damages and compensation allowed by the board exceeds the estimate of damages filed by the engineer, thereby increasing the cost of the improvement, the final hearing shall be continued until the engineer makes proper schedules, which will inc...

Section 6131.21 | Factors to be considered by commissioners at final hearing.

... confirm the assessments and order the letting of the contract or shall set aside its former order and dismiss the petition. (B) In determining whether or not the improvement should be granted, the board shall consider the following factors: (1) The cost of location and construction; (2) The compensation for land or other property necessary to be taken; (3) The effect on land along or in the vicinity of the ...

Section 6131.22 | Approval and confirmation of assessments.

...r against the assessment proposed to be levied against any 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. ...

Section 6131.23 | Semiannual installments for payment of assessments.

...he board of county commissioners shall determine how long a period of time, in semiannual installments, as taxes are paid, shall be given the owners of land benefited to pay the assessments that are made for an improvement and whether or not bonds or notes shall 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 estimat...

Section 6131.24 | Preliminary steps for receiving bids for drainage improvements.

...ies with the bids shall immediately be returned to the bidders, and no further steps shall be taken on the bids.

Section 6131.25 | Appeals.

...wner may appeal to the court of common pleas within thirty days of the date that any order was issued by the board 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, ...

Section 6131.27 | Transcript of order for drainage improvement.

... 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.

...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.

...tire proceedings before it in order to determine all the issues raised in the proceedings and enter a final judgment, 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 a...

Section 6131.31 | Procedures for findings on appeal.

...e petition, and if the court of common pleas from the evidence adduced, including the county engineer's preliminary estimate of cost and preliminary report on feasibility of the project, but without a survey having been made by the 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 conduc...

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.