Ohio Revised Code Search
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Section 5553.07 | Report of engineer read at final hearing - testimony - resolution to proceed.
...The board of county commissioners shall at the date of the final hearing on the proposed improvement read the report of the county engineer, and it shall hear any testimony bearing upon the necessity of the improvement for the public convenience or welfare and offered either for or against proceeding with the improvement by any interested persons. If the board finds such improvement will serve the public convenience... |
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Section 5553.08 | Determination to proceed with improvement after modification of plan.
...The board of county commissioners, acting in accordance with sections 5553.04 to 5553.07, inclusive, of the Revised Code, may determine to proceed with the proposed improvement with such modifications and changes in the route and termini as in its judgment the public convenience and welfare require. In making such modifications or changes, the board shall cause an accurate and detailed description thereof to be enter... |
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Section 5553.09 | Payment of compensation and damages.
...If the board of county commissioners is of the opinion that the proposed improvement is of sufficient importance to the public to cause the compensation and damages on account thereof to be paid to the persons entitled thereto out of the county treasury, it may so order If the board is of the opinion that such improvement is not of sufficient importance to cause the compensation and damages to be paid from the treasu... |
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Section 5553.10 | Record of proceedings - board shall make improvement and furnish map - unopened road shall be vacated.
... the proposed improvement, the board of county commissioners finds in favor of such improvement, and determines to proceed therewith, it shall cause a record of the proceedings, including the survey, plat, and accurate and detailed description of such improvement, to be entered forthwith in the proper road records of the county by the county engineer. If the proceeding is for the location or establishment of a road,... |
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Section 5553.11 | Proceedings after improvement ordered.
...the vacation of a road and the board of county commissioners, at its final hearing on the proposed improvement, orders the improvement established, it shall proceed in accordance with sections 163.01 to 163.22 of the Revised Code. |
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Section 5553.13 | Improvement on county line.
...proposed improvement is along or upon a county line or crosses such county line or extends as a continuous road from one county into or through one or more adjoining counties, the boards of county commissioners of the counties interested shall sit as a joint board. |
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Section 5553.14 | View and hearing by joint board - resolution.
...If the joint board of county commissioners is of the opinion that it is for the public convenience or welfare to make the proposed improvement, it shall declare the necessity therefor by resolution at the meeting provided for in section 5553.13 of the Revised Code. Such resolution shall set forth generally the route and termini of the road, or part thereof, to be located, established, or vacated, or the general manne... |
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Section 5553.15 | Record of proceedings of joint board - copies sent to other counties.
...The board of county commissioners of the county having the greatest population of any of the interested counties participating in the proposed improvement shall keep a full and accurate record of the proceedings. At the conclusion of the proceedings, it shall certify a copy thereof to each county interested, to be placed upon the proper road record of such county. |
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Section 5553.16 | Cost of joint improvement divided among interested counties.
...nties interested, as the joint board of county commissioners agrees and determines. In case of failure to agree on the proportion which each county is to pay, the joint board shall certify that fact to the director of transportation who shall thereupon make such apportionment. |
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Section 5553.18 | Determining true line of road - petition.
..., or from any other cause, the board of county commissioners of the county in which such road is located, upon the filing of a petition signed by at least twelve freeholders of the county residing in the vicinity of such road, shall cause the county engineer to view and find the true line of such road. |
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Section 5553.19 | Notice of hearing upon report of county engineer - objections.
...The county engineer shall view and survey the road as provided in section 5553.18 of the Revised Code, and shall make a return of the survey and plat of the road to the board of county commissioners. Upon the filing of the report of the engineer, the board shall give notice of the filing of such report by publication as provided in section 7.16 of the Revised Code or once each week for three consecutive weeks i... |
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Section 5553.20 | Civil action to establish true line of road.
...When the county engineer is unable to ascertain with certainty the true course and boundary line of a road, the board of county commissioners may prosecute a civil action against the owners of the land abutting upon such road to ascertain and have the boundaries of such road judicially established in one action. Any road, the true course of which is surveyed and fixed as provided in this section and sections 5553.18 ... |
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Section 5553.21 | Establishing true line of road by agreement.
...es of such road, they may call upon the county engineer to make a true plat and description thereof. Such plat and description shall be signed and acknowledged by such adjacent landowners, and placed upon the proper road records of the county. Thereafter the plat and description contained in the road records shall constitute the true course and boundaries of such road. Such plat and description shall first be approv... |
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Section 5553.22 | Determining boundaries of road located in two or more counties - joint meeting.
...d Code shall be filed with the board of county commissioners of either county interested. The board of such county shall file within ten days a certified copy of said petition with the boards of the other counties interested, and the board of the county where the original petition is filed shall call a joint meeting of the boards of the counties interested, to be held within thirty days from the filing of such petiti... |
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Section 5553.23 | Petition by landowner to relocate road or trail - vacation of unimproved public roads.
...under the jurisdiction of the board of county commissioners, desires to turn or change or relocate such road or any part thereof through any part of the person's land, the person may file a petition with the board of county commissioners setting forth briefly the particular change desired. Upon the receipt of such petition, the board shall give notice by publication once not later than two weeks prior to the da... |
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Section 5553.24 | Survey and report of county engineer on desired change in road.
...53.23 of the Revised Code, the board of county commissioners shall order the county engineer to make a survey of the ground over which the road is proposed to be changed and to make a report in writing, together with a plat and survey of the proposed change and his opinion as to its advantage or disadvantage. The report of such engineer shall be filed with the board prior to the hearing on such petition. |
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Section 5553.25 | Hearing upon petition to change road - finding of board.
...53.23 of the Revised Code, the board of county commissioners may hear evidence for or against changing the road, and if it is satisfied that the proposed change will not cause serious injury or disadvantage to the public, it may make a finding of such fact in its journal and authorize the petitioner to change such road in conformity with the prayer of the petition. The board may grant the change as prayed for in the ... |
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Section 5553.26 | Petitioner shall pay cost of changing road - bond.
...mproved as required by it, the board of county commissioners shall declare such new road a public highway and cause a record thereof to be made and at the same time vacate so much of the old road as is rendered unnecessary by the new road. The person petitioning for such change shall in all cases pay all costs and expenses in connection with the proceedings, as found and determined by the board, and the expense of ma... |
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Section 5553.27 | Procedure to change road located in two or more counties - proceedings by joint board.
...may file his petition with the board of county commissioners of either county. Such board shall within ten days thereafter cause a copy of said petition to be certified to the boards of the other counties interested and shall at the same time fix a time not later than thirty days for a hearing upon such petition. Such proceedings shall be had before the joint board of county commissioners as are provided for in proce... |
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Section 5553.28 | Majority vote of joint board required.
...In all hearings before a joint board of county commissioners under sections 5553.01 to 5553.27, inclusive, of the Revised Code, a majority vote of the board of each county shall be necessary to establish any improvement. |
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Section 5553.29 | Adjournment of hearing - proceedings of joint board certified to other counties.
...The board of county commissioners or the joint board of county commissioners may adjourn any hearings under sections 5553.01 to 5553.27, inclusive, of the Revised Code, as the necessities of the case require. Such adjournment shall be taken to a day certain to be fixed by the board or joint board at the time of such adjournment. The proceedings of the joint board shall be certified to each of the counties interested ... |
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Section 5553.30 | Appeal from order dismissing or refusing to grant petition for improvement.
...y appeal from the order of the board of county commissioners, or joint board of county commissioners, dismissing or refusing to grant the prayer of the petition for an improvement. Any person interested may appeal from an order granting such improvement. Such appeal may be perfected in the manner provided in sections 5563.01 to 5563.17, inclusive, of the Revised Code, and if the order appealed from is that of a joint... |
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Section 5553.31 | Dedication of land for road purposes - proceedings.
... may, with the approval of the board of county commissioners, dedicate lands for road purposes. A definite description of the lands to be dedicated with a plat of such lands thereto attached and signed by the party dedicating such lands, with the approval and acceptance of the board indorsed thereon, shall be placed upon the proper road records of the county in which such road is situated. The board shall not approve... |
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Section 5553.41 | Petition to obtain road through lands of another.
...y may file a petition with the board of county commissioners describing the road so desired and giving the respective names and places of residence of the owners of all the land through which the proposed road will pass. |
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Section 5553.42 | Notice of filing petition to obtain road through lands of another - service.
...The board of county commissioners shall give notice to the owners of lands through which the proposed road will pass of the filing of the petition provided for in section 5553.41 of the Revised Code and the date and place of the hearing thereon. Such notice shall be served on such owners personally, or by leaving a copy of such notice at the usual place of residence of such owners at least five days before the ... |
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Section 303.50 | Bonds are lawful investments.
... their control in any bonds issued by a county pursuant to section 303.46 of the Revised Code. Such bonds shall be secured by an agreement between the issuer and the federal government in which the issuer agrees to borrow from the federal government and the federal government agrees to lend to the issuers, prior to the maturity of such bonds, moneys in an amount which, together with any other moneys irrevocably commi... |
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Section 303.51 | Property exempt from levy and sale by virtue of execution.
...All property of a county, including funds owned or held by it for the purposes of sections 303.26 to 303.56, inclusive, of the Revised Code, shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same, nor shall judgment against a county be a charge or lien upon such property. The provisions of this section shall not apply to or limit the right... |
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Section 303.52 | Property exempt from taxation.
...The property of a county, acquired or held for the purposes of sections 303.26 to 303.56, inclusive, of the Revised Code, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the county, any municipality, the state, or any political subdivision thereof. The tax exemption provided for in this section shall terminate when the county se... |
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Section 303.53 | Transfer of property to county.
...ning, undertaking, or carrying out of a county renewal project located within an area in which such public body is authorized to act, may, upon such terms, with or without consideration as it may determine: dedicate, sell, convey, or lease any of such public body's interest in any property or grant easements, licenses, or other rights or privileges therein to a county; incur the entire expense of any public improveme... |
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Section 303.54 | Presumption of compliance.
...Any instrument executed by a county respecting a county renewal project thereof and purporting to convey any right, title, or interest in any property under sections 303.26 to 303.56, inclusive, of the Revised Code, shall be conclusively presumed to have been executed in compliance with the applicable provisions of said sections insofar as title or other interest of any bona fide purchasers, lessees, or transferees o... |
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Section 303.55 | Establishing and maintaining records and funds.
...Any board of county commissioners, in carrying out its operations and activities under sections 303.26 to 303.56, inclusive, of the Revised Code, with respect to any county renewal project or projects, may set up, establish, and maintain, for and on behalf of the county or any affected office, department, board, or commission thereof, such books, records, budgets, and accounts, and such general, separate, special, or... |
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Section 303.56 | Rules and regulations.
...Any county availing itself of any of the provisions of sections 303.26 to 303.56, inclusive, of the Revised Code, in order to fully effectuate the purposes and objectives of said sections in respect of any planning or project activities thereunder by such county, may, by its board of county commissioners, prescribe such reasonable rules and regulations not inconsistent with said sections, as such board of county comm... |
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Section 303.57 | County wind and solar generation restriction definitions.
...As used in this section and sections 303.58 to 303.62 of the Revised Code: (A) "Economically significant wind farm" has the same meaning as in section 4906.13 of the Revised Code. (B) "Large wind farm" and "large solar facility" have the same meanings as in section 4906.01 of the Revised Code. (C)(1) "Material amendment" means an amendment to an existing power siting board certificate for the construction, ope... |
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Section 303.58 | Restricted area resolution by county commissioners.
...(A) The board of county commissioners may adopt a resolution designating all or part of the unincorporated area of a county as a restricted area, prohibiting the construction of any or all of the following: (1) An economically significant wind farm; (2) A large wind farm; (3) A large solar facility. (B) A resolution described in division (A) of this section may designate one or more restricted areas and shall... |
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Section 303.59 | Restricted area resolution effective date; referendum.
... facilities, if adopted by the board of county commissioners, becomes effective thirty days after the date of its adoption, unless, within thirty days after the adoption, there is presented to the board of county commissioners a petition, signed by a number of registered electors residing in the county equal to not less than eight per cent of the total vote cast for all candidates for governor in that county at the m... |
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Section 303.60 | Power siting board certificate or amendment prohibited in restricted area.
...If a resolution described in this section is adopted and becomes effective under sections 303.58 and 303.59 of the Revised Code, no person shall file, and the power siting board shall not accept, an application for a certificate, or a material amendment to an existing certificate, to construct, operate, or maintain a utility facility in a restricted area where the construction of such a utility facility is prohibited... |
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Section 303.61 | Public meeting before power siting board application for certificate or amendment.
...in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located. (B) The applicant shall provide written notice of the public meeting to the board of county commissioners of the county, as well as the boards of trustees of every township in which the utility facility is to be located within that county. Notice shal... |
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Section 303.62 | County commissioner prohibition or limitation resolution after public meeting.
...e, for a utility facility, the board of county commissioners may adopt a resolution that does either of the following: (1) Prohibits the construction of the utility facility that is the subject of the certificate; (2) Limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant. (B) If no resolution is adopted within th... |
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Section 303.65 | Claim preclusion and zoning appeals.
...A final judgment on the merits issued by a court of competent jurisdiction pursuant to its power of review under Chapter 2506. of the Revised Code, on claims brought under this chapter, does not preclude later claims for damages, including claims brought under 42 U.S.C. 1983, even if the common law doctrine of res judicata would otherwise bar the claim. The general assembly intends that this section be construed to... |
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Section 303.99 | Penalty.
...Whoever violates sections 303.01 to 303.25 of the Revised Code shall be fined not more than five hundred dollars for each offense. |
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Section 305.01 | Board of county commissioners - election, term.
...The board of county commissioners shall consist of three persons who shall be elected as follows: (A) In November, 1974, and quadrennially thereafter, one county commissioner shall be elected to take office on the first day of January following. (B) In November, 1972, and quadrennially thereafter, two commissioners shall be elected. The term of one of such commissioners shall commence on the second day of January n... |
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Section 305.02 | Vacancy in county offices filled by election or appointment.
...(A) If a vacancy in the office of county commissioner, prosecuting attorney, county auditor, county treasurer, clerk of the court of common pleas, sheriff, county recorder, county engineer, or coroner occurs more than forty days before the next general election for state and county officers, a successor shall be elected at such election for the unexpired term unless such term expires within one year immediately follo... |
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Section 305.021 | County engineer vacancy.
...(A) When there is a vacancy in the county engineer's office as a result of death or resignation and the vacancy cannot be filled by election or appointment as provided in section 305.02 of the Revised Code, or if no one runs for the office of county engineer and, for that reason, the office is vacant, the board of county commissioners may contract with another county's county engineer to exercise the powers and perfo... |
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Section 305.03 | Absence of certain county officers; office deemed vacant.
...(A) Whenever any county officer fails to perform the duties of office for thirty consecutive days, except in case of sickness or injury as provided in divisions (B) and (C) of this section, the office shall be deemed vacant. Performing the duties of office includes a county officer appearing in person at the officer's principal office location on at least one out of thirty consecutive days. (B) Whenever any county ... |
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Section 305.04 | Bond of county commissioners - oath of office.
...the discharge of official duties, each county commissioner, except as otherwise provided in section 3.061 of the Revised Code, shall give bond, signed by a bonding or surety company authorized to do business in this state, or, at the county commissioner's option, by two or more freeholders having real estate in the value of double the amount of the bond over and above all encumbrances to the state, in a sum not les... |
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Section 305.05 | Organization; election of president.
...The board of county commissioners shall organize not later than the second Monday of January of each year, by the election of one of its members as president for a term of one year. The member so elected shall preside at all regular and special sessions of the board. If the position of president becomes vacant during the year, the board shall select one of its members to preside. |
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Section 305.06 | Regular sessions.
...(A) The board of county commissioners shall conduct at least fifty regular sessions each year, at an office provided for the board in the county seat or at another location as provided in division (B) of this section. Each of these sessions shall be conducted at a specific time fixed in advance. At each meeting the board shall transact such business as it considers necessary or as required by law. (B) The board of c... |
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Section 305.07 | Special sessions.
...(A) Special sessions of the board of county commissioners may be held as often as the commissioners deem it necessary. At a regular or special session, the board may make any necessary order or contract in relation to the building, furnishing, repairing, or insuring of public buildings or bridges; the employment of janitors; the improvements or enclosure of public grounds; the maintenance or support of persons with d... |
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Section 305.08 | Quorum.
...A majority of the board shall constitute a quorum at any regular or special meeting. |
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Section 305.09 | Proceedings of board of county commissioners.
...All the proceedings of the board of county commissioners shall be public, at the office provided for the board in the county seat, or at another location, as provided in division (B) of section 305.06 or division (B) of section 305.07 of the Revised Code, and, as far as possible, shall be in conformity with the rules of parliamentary law. If the clerk of the board maintains the full record of the proceedings ... |