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muskingum county
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Section 6131.09 | Preliminary report by county engineer.

...ection 6131.07 of the Revised Code, the county engineer shall prepare 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 ...

Section 6131.10 | Viewing of premises.

...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 request made by a co...

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

...or 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, termini, or manner of co...

Section 6131.11 | Dismissal of petition - appeal.

...(A) If the board of county commissioners finds at the conclusion of the first hearing for a proposed improvement that a proposed improvement is not 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 jo...

Section 6131.12 | Grant of petition.

...or a proposed improvement, the board of county commissioners may decide to proceed with the project survey and design for a proposed improvement if the board finds all of the following: (1) That a proposed improvement is necessary; (2) That the proposed improvement is conducive to the public welfare; (3) That it is reasonably certain that the benefits of the proposed improvement will outweigh its costs. (B) ...

Section 6131.13 | Consolidation of petitions.

...The board of county commissioners, on application of owners interested or at its own discretion, may consolidate 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 jou...

Section 6131.14 | County engineer's duties.

...Revised Code, the clerk of the board of county commissioners shall immediately forward a copy of the board's findings and orders to the county engineer. (B) The county engineer shall do all of the following: (1) Conduct all necessary surveys for the proposed improvement; (2) Prepare plans for structures; (3) Create maps showing the location of the land proposed to be assessed; (4) Prepare construction draw...

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 de...

Section 6131.16 | Notice of assessments and final hearing.

...e filing with the clerk of the board of county commissioners 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...

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

...) 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 amount...

Section 6131.19 | Hearing on compensation or damages.

...r 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 view of the affected property, if the board desires a view, the board shall determine the...

Section 6131.20 | 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 engineer. If the boa...

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

...edules, 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) In determining whether or not the improve...

Section 6131.22 | Approval and confirmation of assessments.

...petition is not dismissed, the board of county commissioners shall hear any evidence offered for or 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 cor...

Section 6131.23 | Semiannual installments for payment of assessments.

...evying of the assessments, the 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 asses...

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.

...at 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, or mode of construction the best to accomplish the purpose of the improvement?...

Section 6131.27 | Transcript of order for drainage improvement.

...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 as required under section 6131.061 of the Revised Code.

Section 6131.28 | Joinder and separation of appeals.

...ed 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. 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.

... 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 of not more than twenty-five per cent of the engineer's preliminary estimate.

Section 6131.31 | Procedures for findings on appeal.

...appeal is from an order of the board of county commissioners made at the first hearing dismissing the 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...

Section 6131.32 | Right of trial by jury.

...peal 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.

...If there is more than one appellant in a trial by jury authorized under section 6131.32 of the Revised Code with separate claims on the question of compensation or damages or if there are issues as to different properties, the court may submit all the several claims and issues to the same jury, with appropriate verdicts as to each claim. The court also may direct separate trials for the separate claims and issues. Th...

Section 6131.34 | Costs and fees.

...tion 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 prosecuting attorney shall represent the county in all appeals on questions of compensation or damages. On appeals of other matter...

Section 6131.36 | Certification of transcript of common pleas proceedings to county commissioners.

...n the case to the clerk of the board of county commissioners, who shall forthwith enter the judgment, order, or decree upon the journal of the board. If the judgment, order, or decree is in favor of the granting of the improvement, the board shall proceed with the improvement proceedings in compliance with the final judgment, order, or decree from the point at which they were terminated by the appeal or from the poin...