Ohio Revised Code Search
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Section 6131.19 | Hearing on compensation or damages.
...d to hear claims for 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 ... |
Section 6131.20 | Final hearing.
...hange 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 include such changes. Before proceeding to make such change, all owners who will be affected thereby shall be notified of such proposed change,... |
Section 6131.21 | Factors to be considered by commissioners at final hearing.
... under this section is effective on the day of the hearing at which the board issued it. |
Section 6131.22 | Approval and confirmation of assessments.
...ds, which shall be not less than thirty days after the date of the order; (2) Determine when the assessments must be paid; (3) Determine whether bonds or notes must be issued in anticipation of and payable out of the installments of assessments. (D) The board shall enter the orders approving the assessments, the order requiring the engineer to receive bids, and any other orders made at the final hearing in its ... |
Section 6131.23 | Semiannual installments for payment of assessments.
... the owner's land in cash within thirty days after the final hearing without paying any interest thereon. If the legislative authority of a political subdivision chooses to pay the assessments on all parcels within the subdivision, both public and private, in one installment, it shall pass a resolution so stating and shall send the resolution, or a copy thereof, to the board of county commissioners before making the ... |
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.
...(6) Is the award for compensation or damages just? (B) The appeal may be taken from any order affecting any part of the improvement as well as from any order affecting the entire improvement. |
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.
...Several owners 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 a... |
Section 6131.30 | Appeal procedure in common pleas court.
...o 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 of not more than twenty-five per cent of the engineer's preliminary estimate. |
Section 6131.31 | Procedures for findings on appeal.
... in the schedules of assessments and damages by mail and by publication, as provided in sections 6131.01 to 6131.64 of the Revised Code. The notice shall be the same as the notice given when the schedules are filed with the clerk of the board of county commissioners, except that the notice shall state the date and time of the hearing in the court of common pleas, and proof of the notice shall be made by the certifica... |
Section 6131.32 | Right of trial by jury.
...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.
...s 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. The court shall instruct the jury that it shall not consider or deduct the value of any benefits that such land will receive from... |
Section 6131.34 | Costs and fees.
...lants, 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 prosecuting attorney s... |
Section 6131.36 | Certification of transcript of common pleas proceedings to county commissioners.
...mit the schedules of assessments and damages to the county auditor. The board of county commissioners and the county 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 t... |
Section 6131.37 | Bids for drainage improvements.
...sum shall be paid into the general drainage improvement fund. |
Section 6131.38 | Bid requirements.
...The county engineer shall prepare the documents as specified in section 6131.24 of the Revised Code. If the improvement requires both labor and material that is used in and remains a part of the improvement, the bids referred to in section 6131.37 of the Revised Code shall state separately the bidder's offer upon each and for each bid item indicated on the form. If the plans or specifications do not name a specific g... |
Section 6131.40 | Acceptance of bids.
...y find will be more economical or advantageous than the aggregate bid of a single bidder, but no bid shall be accepted for any part or thing that exceeds the estimate of the engineer unless only by such acceptance can a contract for the completion of an entire improvement be let for less than the aggregate estimate of the total improvement. If it is found that all bids for work and material, or all bids for any sepa... |
Section 6131.41 | Contracts for drainage improvement.
...mprovement, the bidder shall within ten days enter into a contract in writing to perform the work or furnish the material bid for as prepared by the county engineer. The board by an order entered on its journal shall record the time within which the work shall be completed and material furnished, but if an improvement requires both labor and material and contracts therefor are given to different persons, the time of ... |
Section 6131.42 | Actions against contractor and bondsmen.
...Any owner who is assessed for the construction of any improvement may bring an action to enjoin the payment of any money owed a contractor who has not constructed the work according to the contract and specifications until the contractor has constructed the improvement according to the contract and specifications. The remedies provided in this section are in addition to all other remedies provided by law. |
Section 6131.43 | Assessments for drainage improvements.
...location, engineering, compensation, damages, and contingency and the assessment for maintenance for one year, shall be levied upon each parcel of land, each public corporation, and each department, office, or institution of the state as stated in the schedules as of the date of the order of the board approving the contracts and ordering the levying of the assessments. (B) The auditor shall notify the owners of al... |
Section 6131.45 | Extending the contract time.
...zed extensions of time as liquidated damages from any money due or to become due the contractor or his bondsmen unless the extension of time is due to an unforeseeable cause beyond the control and without the fault or negligence of the contractor. |
Section 6131.46 | Supervision and inspection of county engineer or deputy.
...All work on an improvement and all materials furnished for use therein shall be under the supervision and inspection of the county engineer or a deputy appointed by him for the purpose. All material furnished under the specifications and contract shall be inspected by him before use and within a reasonable time after the same is delivered and placed upon the line of the improvement or such other place as is designate... |
Section 6131.47 | Notice to remove or alter obstruction.
...given to the owner not later than seven days in advance of removal or alteration of a culvert, bridge, fence, or floodgate. (F) Any owner may furnish the work and material in lieu of a special assessment, provided the owner does all of the following: (1) Makes written application to the county engineer within ten days after the final hearing; (2) Furnishes the work and materials in accordance with the specifica... |
Section 6131.50 | General drainage improvement fund.
...provide and establish the "general drainage improvement fund," to be used as a sinking fund for all bonds issued under sections 6131.01 to 6131.64, inclusive, of the Revised Code. (B) The fund may consist of any of the following: (1) Any taxes levied and collected for ditch and drainage purposes under county levies, not by law otherwise disposed of; (2) The proceeds of all bonds issued and sold under sections ... |