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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Section 6131.22 | Approval and confirmation of assessments.


(A) At the final hearing on a proposed improvement, if the 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 correct the assessments, and the assessments so amended or corrected shall be approved by the board.

(2) An assessment for benefits to the general public because the improvement is conducive to the public welfare shall be paid by the public and shall be assessed against the county payable from the general fund.

(3) An assessment found to benefit state roads or highways shall be assessed against the state payable from motor vehicle revenues.

(4) An assessment found to benefit county roads or highways shall be assessed against the county payable from motor vehicle revenues.

(5) An assessment found to benefit any political subdivision of the state shall be assessed against the political subdivision and shall be paid out of the general funds or motor vehicle revenues of the political subdivision, except as otherwise provided by law.

(C) Upon approving the assessments, the board shall do all of the following:

(1) Order the engineer to receive bids for the construction of the proposed improvement, and fix the date, time, and place for the receiving of bids, 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 journal. The clerk of the board of county commissioners shall immediately transmit to the county auditor the schedules listing all assessments as approved by the board.

(E) Any owner opposed to the granting of the petition, or any owner opposed to further proceedings in the improvement, or any owner who claims that the assessment levied against the owner is excessive or is not in proportion to benefits, may appeal from any order made pursuant to this section, as provided in section 6131.25 of the Revised Code.

(F) An order issued by the board under this section is effective on the day of the hearing at which the board issued it.

Available Versions of this Section