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Section 940.28 | Petition and information to be submitted to county commissioners.

...pletes the schedule of estimated assessments, the board shall submit the petition, preliminary report, surveys, plans, specifications, schedule of damages, cost estimates, estimated assessments, and any other information obtained or prepared for the petition to the board of county commissioners of the county in which the proposed improvement is to be located.

Section 940.29 | Scheduling and notice of hearing on proposed improvement.

... hearing regarding the proposed improvement. (B) At least twenty-one days prior to the date established for the hearing, the clerk of the board of county commissioners shall send a written notice of the hearing by certified mail to all landowners that are adjacent to the proposed improvement. The clerk shall send such notice by certified or first class mail to all other landowners within the area to be benefited by...

Section 940.30 | County commissioners hearing on proposed improvement.

... doing both of the following: (1) Presenting the project design, construction plans, schedule of damages, cost estimates, and estimated assessments for the proposed improvement as submitted by the board of supervisors of the applicable soil and water conservation district; (2) Hear any comments offered by any landowner regarding the estimated assessments and proposed improvement. (B) If necessary, the board of ...

Section 940.31 | [Former R.C. 940.29, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Approval or disapproval of construction of improvement.

... is reasonably certain that: (1) The benefits of the proposed improvement outweigh the costs. (2) The proposed improvement is necessary. (3) The proposed improvement will be conducive to the public welfare. (4) The proposed route and mode of construction of the improvement will improve water management and development in the county in which the district is located to the advantage of lands located in it. (5...

Section 940.32 | [Former R.C. 940.33, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Procedure for assessments.

... the filing, shall establish a date and time for hearing the exception to the estimated assessments. The board may hear each owner's exception in an individual hearing or hear all exceptions in a single hearing. Not less than fourteen days prior to the hearing date, the clerk of the board shall notify each owner who filed an exception of the date and time of the owner's exception hearing. Upon hearing the objector's ...

Section 940.33 | [Former R.C. 940.34, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Tax levy resolution.

...pon the property within the area to be benefited by an improvement in order to pay the costs of the improvement not otherwise funded. The resolution shall specify all of the following: (1) The rate that it is necessary to levy; (2) The purpose of the tax levy; (3) The number of years during which the increase is in effect, which may include the current year. (B) A copy of the resolution shall be certified t...

Section 940.34 | Joint board of supervisors.

...f the Ohio soil and water conservation commission, create a joint board of supervisors. Each district shall have the same number of supervisors on the joint board. However, if the membership of the joint board would be an even number, an additional supervisor from the lead county shall be designated. (B) A joint board of supervisors shall exercise the same powers, execute the same duties, and follow the same proced...

Section 940.35 | [Former R.C. 940.31, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Joint board of county commissioners.

...e than one county, the board of county commissioners from each of the counties that would be affected by the proposed improvement shall meet on a date fixed by the clerk of the board of county commissioners of the lead county. The boards shall meet in the lead county to organize a joint board of county commissioners and elect a president, which shall be the first order of business at the hearing. (B) A joint board ...

Section 940.36 | [Former R.C. 940.32, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Lead county responsibilities.

...a lien on the land within such county from the date such certificate is received by the auditor of such other county. (B) The treasurer of each county shall collect any taxes or assessments levied for the improvement pursuant to the orders made in the proceedings of the joint board of county commissioners, and such taxes or assessments when collected shall be paid to the treasurer for the joint board. (C) The a...

Section 940.37 | [Former R.C. 940.35, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Maintenance of improvements.

...int board of county commissioners has been created under section 940.35 of the Revised Code, the joint board, shall maintain the improvements constructed under this chapter. For that purpose, the board of county commissioners or joint board may use procedures and requirements established in Chapter 6137. of the Revised Code and may contract with or authorize the board of supervisors or joint board of supervisors of a...

Section 940.38 | Appeals.

...llowing questions: (A) Is the improvement necessary? (B) Will the improvement be conducive to the public welfare? (C) Is the cost of the improvement greater than the benefits conferred? (D) Is the route, termini, or mode of construction the best to accomplish the purpose of the improvement? (E) Are the assessments levied according to benefits? (F) Is the award for compensation or damages just?

Section 940.39 | Videoconferencing and teleconferencing of meetings.

...lish the board's main office or board room as the primary meeting location for the video conference or teleconference. The conference shall be held at that location in an open meeting at which the public is allowed to attend. (C) Before convening a meeting of a board of supervisors by video conference or by teleconference, designated staff shall send, via electronic mail, facsimile, or United States postal service,...

Section 940.41 | Statewide watershed planning and management program; watershed regions.

...d planning and management coordinator from providing assistance for projects or activities that have been determined to improve water quality impaired from point sources of phosphorus, dissolved reactive phosphorus, and nitrogen nutrients.

Section 940.42 | Data and records.

..., conservation or water quality improvement practices, or proposed utilization of such practices collected or maintained by the department of agriculture, a soil or water conservation district, an institution of higher education, as defined in section 3345.12 of the Revised Code, or any other state agency are not a public record subject to disclosure under section 149.43 of the Revised Code. (B) The department may ...

Section 940.43 | Intent of General Assembly.

...It is the intent of the general assembly to collaborate with organizations representing agriculture, conservation, and the environment and institutions of higher education engaged in water quality research to establish a certification program for farmers that utilize practices designed to minimize impacts to water quality. The director of agriculture shall undertake all actions necessary to ensure that assistance and...

Section 941.01 | Animal diseases definitions.

... reportable to the United States department of agriculture. (C) "Geographic area" means any county or counties within this state or parts thereof as may be designated by the director. (D) "Animal" means any animal that is a bird, reptile, amphibian, fish, or mammal, other than humans. (E) "Domestic animal" includes livestock; other animals that through long association with humans have been bred to a degree result...

Section 941.02 | Chief of division of animal health - qualifications and duties.

... in this state. (B) The chief shall promote and protect the livestock, poultry, and other animal interests of the state, prevent the spread of dangerously contagious or infectious disease, provide for the control and eradication of such disease, and cooperate with the United States department of agriculture in such work.

Section 941.03 | Administrative rules.

... concern. (B) No person shall fail to comply with the rules adopted by the director under division (A) of this section.

Section 941.04 | Access to premises containing contagious or infected animal by director or representative.

...A seal shall not be broken or removed from a vehicle or conveyance within this state or any other state except by the director or the director's authorized representative or by a person holding a similar position in another state, territory, or country. Once the vehicle or conveyance is sealed, its operator shall choose a course of action to be taken under division (D) of section 941.10 of the Revised Code. If the o...

Section 941.041 | Prohibitions regarding animal diseases.

...r bring an animal into this state unaccompanied by a certificate of veterinary inspection, animal health certificate, waybill, yarding receipt, sale ticket, or other document required by this chapter and rules adopted under it; (C) Fail to present any document identified in division (B) of this section when requested to do so by the director of agriculture or the director's authorized representative; (D) Fail...

Section 941.042 | Application for search warrant to allow access or admission.

...sed Code, he may apply to any court of competent jurisdiction for a search warrant allowing the access or admission.

Section 941.043 | Order for immediate slaughter or boarding of animal.

...vised Code, or if necessary during a detention or impoundment in accordance with that division, the director of agriculture or the director's authorized representative may order the immediate slaughter of the animal in accordance with division (D)(3) of section 941.10 of the Revised Code and in the manner the director determines is most efficient, or may board or stable the animal at a location that can provide and c...

Section 941.05 | Inspections - authority and enforcement.

...conducting his inspection. (C) Any law enforcement officer of the state or a political division thereof shall, within such officer's area of jurisdiction, assist any authorized person in the enforcement of Chapter 941. of the Revised Code when requested to do so by the director of agriculture.

Section 941.06 | Enforcing authority.

...on, the veterinarian immediately shall communicate that notice to the director. (C) No person shall sell, attempt to sell, keep with intent to sell, or otherwise transfer to another person an animal that the person knows, or has reason to know, is infected with or exposed to any dangerously contagious or infectious disease or a disease of concern or is adulterated with a residue, except as otherwise provided in this...

Section 941.07 | Dangerously contagious or infectious disease, a disease of concern, or a residue.

...ses, diseases of concern, or residues from affecting other animals in the state or the public health. No person shall fail to comply with the terms and conditions of the quarantine order. (C) No animal or its means of conveyance shall be brought to or removed from the premises or geographic area disclosed in a quarantine order without written permission from the director or the director's authorized representative. ...

Section 2109.34 | Representation in account proceeding.

...l compose a certain class upon the happening of any future event, the unborn members of that class shall be considered to be represented in any hearing upon a fiduciary's account required by section 2109.32 of the Revised Code, if any living member of the class is made a party to that proceeding or if a trustee for the proceeding is appointed by the probate court. The unborn members of the class need not be ser...

Section 2109.35 | Effect of order settling account - vacation of order.

...nt of the fiduciary's account showing complete distribution of assets; but the three-year period shall not affect the liability of any heir, devisee, or distributee either before or after the expiration of that period. (C) The order may be vacated for good cause shown upon motion of the fiduciary, if the motion is filed prior to the settlement of the account showing that the fiduciary has fully discharged his ...

Section 2109.36 | Order of distribution.

...ing and shall be accompanied by a statement of the proposed distribution. At the hearing upon the application the court shall inquire into, consider, and determine all matters relative to the application, and make an order that the court considers proper. If the court makes an order of distribution, the fiduciary shall comply with the order and shall account to the court for the fiduciary's distribution, verifi...

Section 2109.361 | Application by beneficiary for approval of third-party distribution.

...ivision shall identify the person to whom the third-party distribution is to be made, disclose the basis for making the third-party distribution, and include a copy of any written agreement between the affected beneficiary and the person to whom the third-party distribution is to be made. (C) The probate court shall hold a hearing on an application filed under division (B) of this section. The applicant shall ...

Section 2109.37 | Investment of trust funds by fiduciary.

...erty or in the proceeds of the purchase price. The title to any real property so purchased by a guardian shall be taken in the name of the ward. (2) Notwithstanding the provisions of division (C)(1) of this section, the court may permit the funds to be used to purchase or acquire a home for the ward or an interest in a home for the ward in which a member of the ward's family may have an interest. After the filing ...

Section 2109.371 | Additional eligible investments.

... pursuant to this section that, at the time the investment is made, causes the aggregate market value of the investments, not made eligible by section 2109.37 or 2109.372 of the Revised Code, to exceed sixty per cent of the aggregate market value at that time of all the property of the fund held by the fiduciary. No sale or other liquidation of any investment shall be required solely because of any change in t...

Section 2109.372 | Holding cash or making temporary investments.

...mited to, commercial paper rated at the time of purchase in either of the two highest classifications established by at least one nationally recognized statistical rating organization; (v) Deposits in banks, savings banks, or savings and loan associations, whose deposits are insured by the federal deposit insurance corporation, or in credit unions insured by the national credit union administration or by a credit ...

Section 2109.38 | Retaining unauthorized investments.

...t estate as received by the fiduciary even though that part is not of the class or percentage permitted to fiduciaries, or from retaining any investment made by the fiduciary after the investment ceases to be of a class or exceeds the percentage permitted by law, provided the circumstances are not such as to require the fiduciary to dispose of the investment in the performance of the fiduciary's duties.

Section 2109.39 | Receiving distribution in kind.

...A fiduciary entitled to a distributive share of the assets of an estate or trust has the same right as other beneficiaries to accept or demand distribution in kind and may retain any security or investment so distributed to the fiduciary as though it were a part of the original estate received by the fiduciary.

Section 2109.40 | Participation in corporate reorganization.

...Unless the instrument creating a trust forbids, a fiduciary may do all of the things that an individual holder might do with respect to securities held by the fiduciary, including the exercise or sale of subscription rights, the acceptance of new stock in the same corporation in place of the stock held, or in the event of reorganization, sale, or merger in a different corporation, and with the approval of the p...

Section 2109.41 | Deposit of funds.

...r's trust account for a short period of time. (D) Notwithstanding any contrary provision in this chapter, a probate court examining a trust or estate may only access the account information of an interest on lawyer's trust account created under this section for purposes of obtaining information related to that particular trust or estate and shall not access records of the interest on lawyer's trust account that pert...

Section 2109.42 | Liability for failure to invest.

... invest those funds within a reasonable time according to section 2109.37 or 2109.371 of the Revised Code. On failure to do so, the fiduciary shall account to the trust for any loss of interest that is found by the court to be due to the fiduciary's negligence.

Section 2109.43 | Personal use of trust property prohibited.

...hose amounts shall be payable for the benefit of the beneficiary, if living, and to the beneficiary's estate if the beneficiary is deceased. In addition to the penalties under this section, the court may remove the fiduciary pursuant to section 2109.24 of the Revised Code for fraudulent conduct or dereliction of duty related to the fiduciary's personal use or misuse of funds or property belonging to a trust. H...

Section 2109.44 | Prohibited transactions; purchase of property.

...t as expressly authorized by the instrument creating the trust and then only with the approval of the probate court in each instance. No corporate fiduciary, as defined in section 1101.01 of the Revised Code, that is not subject to examination or regulatory oversight by the superintendent of financial institutions or the comptroller of the currency shall be permitted to deal with the estate, any power in the instrume...

Section 2109.45 | Statement filed before private sale confirmed.

...r diligent endeavor to obtain the best price for the property and that the private sale was at the highest price the executor, administrator, guardian, assignee, or trustee could obtain for the property.

Section 2109.46 | Mortgage by fiduciary.

...e court that appointed the fiduciary a complaint describing all of the real property in the trust and stating the nature and amount of the encumbrances on that real property, the date those encumbrances became or will become due, and the rate of interest on those encumbrances. The complaint shall also contain a statement of the personal property in the trust, the income from the personal property, and the incom...

Section 2109.47 | Mortgage by a guardian.

...rowing money to make repairs or improvements, the court shall appoint disinterested persons whose duty it shall be to investigate fully the necessity for and the advisability of making the repairs or improvements and their probable cost and to report their conclusions to the court.

Section 2109.48 | Amount of loan.

...the rate of interest and the length of time for which the fiduciary can borrow that amount. If the report of the fiduciary and the terms proposed are satisfactory to the court, they may be accepted and confirmed and the fiduciary ordered, as fiduciary, to execute a note for the amount to be borrowed and a mortgage on the real property so designated, which shall be a valid lien on the property. The fiduciary i...

Section 2109.49 | Investigation of trust.

...considers it necessary or upon the written application of any party interested in the trust estate, may appoint a suitable person to investigate the administration of the trust or estate and report to the court. The expense of the investigation shall be taxed as costs against the party asking for the examination or the trust fund, as the court may decree. This section shall not apply to a corporate trustee that...

Section 2109.50 | Proceedings when assets concealed or embezzled.

...e administration of an estate, a testamentary trust, or a guardianship or of the county where a person resides against whom the complaint is made, by a person interested in the estate, testamentary trust, or guardianship or by the creditor of a person interested in the estate, testamentary trust, or guardianship against any person suspected of having concealed, embezzled, or conveyed away or of being or having ...

Section 2109.51 | Imprisonment for disobeying citation.

...If a person compelled under section 2109.50 of the Revised Code to appear for examination refuses to answer interrogatories propounded, the probate court shall commit the person to the county jail, and the person shall remain in close custody until the person submits to the court's order.

Section 2109.52 | Judgment on the complaint.

...When passing on a complaint made under section 2109.50 of the Revised Code, the probate court shall determine, by the verdict of a jury if either party requires it or without if not required, whether the person accused is guilty of having concealed, embezzled, conveyed away, or been in the possession of moneys, personal property, or choses in action of the estate, testamentary trust, or guardianship. If the per...

Section 2109.53 | Judgment against fiduciary - removal.

...ary that is removed shall not receive compensation for acting as fiduciary and shall be charged for the amount of the judgment. The fiduciary's property also shall be liable for the satisfaction of the judgment on execution issued on the judgment by the fiduciary's successor.

Section 2109.54 | Certificate of judgment - delivery to clerk of the court of common pleas.

...l deliver to the clerk of the court of common pleas a certificate of that judgment in accordance with section 2329.04 of the Revised Code. The probate court shall complete and deliver the certificate to the fiduciary on demand. The clerk shall issue an execution of the court of common pleas for the amount of the judgment and the costs that have accrued or that may accrue on the judgment. Thenceforth proceedings...

Section 2109.55 | Judgment in favor of state.

...trust, or guardianship, reserving the compensation to the prosecuting attorney that the probate court allows.