Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1869-05-20
THE TURNPIKE Law.
AN ACT
To authorize County Commissioners
to locate and construct
turnpike roads.
AN ACT

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SECTION l. Be il enacted By the Gen
eral Assembly Of tie State Of Ohio,
That the county commissioners of any
county in this state, when they shall
become satisfied that the public inter-
ests of their county demand and justi-
| fy special action for the improvement OF
the roads of such county, are hereby
authorized and empowered to appoint
three disinterested freeholders of their
county as commissioners to view, sur
vey and locate within their said county,
one or more main trunk roads, begin
ming at and leading from the county
seat of said county, or such other and
eligible points as may be deemed prop
er, and running by such direct and
eligible route as they may find to be
best for the public convenience, and
terminating at any point within or at
the county line; provided, that nothing
herein contained shall be construed to
authorize or require said county COM
missioners to construct or maintain any
such road within the corporate limits
of the town or city where the county
seat is located.
Sec. 2. That the roads established
and constructed under this act, shall
be opened not more than sixty feet
wide, nor less than forty feet, and at
least twenty feet in width shall be
turnpiked with earth so as to drain
freely to the sides. and raised with
stone or gravel, not less than twelve
nor more than sixteen feet IN width,
nor less than twelve inches thick in the
center, and not less than eight inches
thick at the outer edge of such bed of
stone or gravel, well compacted to-
gether in such manner as to secure a
firm, even and substantial road; pro-
vided, the county commissioners may,
in their discretion; cause said road to
be constructed wholly of earth, when
stone or gravel is not accessible to the
line of said road. In no case shall the
grade of ascent or descent on said road
be greater that seven degrees; and the
same shall be well provided with all
necessary side drains, waste-ways, and
understanding, to prevent overfowing
or washing by water, and with sub
stantial bridges or culverts at all cross
ings of water-courses, and said roads
shall be free to the public use for
travel
Sec. 8. Said county commissioners
shall have authority to authorize the
commissioners by them appointed, to
call to their assistance competent sur
veyor or civil engineer, or both, at
their discretion, with the necessary and
proper assistants, and to lay out, sur
vey and locate such turnpike road,
through or upon any improved or un-
improved lands on the best route be-
tween the points of beginning and ter
mination, and to obtain by grant or
take propositions for the purchase from
the owner or owners Of land over
which said road will pass, the right of
way, and to take timber and other ma
terials necessary to the construction
and repair of the same. When said
commissioners and the owners fail to
agree as to the amount Of compensa-
ton, or where the owner is unknown,
nonresident or incapable of contract
ing, then the same shall be ascertained
and adjusted by proceedings had in the
name of said county commissioners,
under the laws in force at the time pro-
viding for the appropriation of private
property to public use; and in locating
such road, said commissioners may au-
thorize the viewers or commissioners
by them appointed, to locate said road
upon the whole or any part OF any
state, county or township road here
tofore laid out and established within
said county, and to widen, alter,
change CT vacate the same, or any part
thereof, subject to the same rules as
to compensation for property appropia-
ted as aforesaid.
Sec. A. That before determining
upon the location or establishment of
any such turnpike road, said county
commissioners may require donations
of money, and written agreements on
the part of taxpayers of such county,
subjecting their taxable property to
taxation annually, to aid in the location
and construction of the same during
the term of. years named therein, and
at the rate therein specified, which
agreements shall be filed and recorded
in the Office of the county auditor of
such county, and from the time of
such filing and recording, shall operate
as lien upon the real estate of the
several parties joining thereinss donors
for the purpose therein provided. All
revenues derived from the aforesaid
donations in money and taxation, shall
be kept and held as a separate fund in
the county treasury of such county,
and shall be applicable only to the
purposes of locating and constructing
such turnpike roads; and if said COM
missioners shall determine not to es-
.tablish and construct such road, then
any moneys received as donations Shall
be refunded, and said agreements for
donations by taxation shall become in
operative.
SEC. 5. That upon the location and
establishment of any such turnpike
road by the county commissioners,
they shall be authorized for the pur-
pose of aiding in the construction, and
to provide permanent fund for the
maintenance and expense thereof, to
levy annually, in addition to other road
taxes authorized by law, tax for turn
pike road purposes of not more than
four mills on the dollar of valuation on
the grand duplicate of taxable proper
ty in such county, and to continue
such levy from year to year until any
such road or roads which may have
been commenced shall be completed;
provided, that no taxes shall be levied
on any lands which have heretofore
been assessed for the construction of
any free turnpikes or improved road or
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