reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.07 | Order of Incorporation.

Effective:
March 2, 1992
Latest Legislation:
House Bill 228 - 119th General Assembly
After the hearing on a petition to incorporate, the board of county commissioners shall enter an order on its journal allowing the incorporation if it finds that:
(A) The petition contains all the matters required in section 707.02 of the Revised Code and the statements in the petition are true.
(B) Notice has been published as is required by section 707.05 of the Revised Code.
(C) The number of valid signatures on the petition constituted fifty-one per cent of the electors within the territory proposed to be incorporated, as determined by the total number of votes cast within that territory for the office of governor at the preceding general election for that office.
(D) The territory included in the proposed municipal corporation is compact and is not unreasonably large; municipal services, such as police and fire protection, street construction and maintenance, sanitary and storm sewers, planning, zoning, and subdivision control, and parks and recreational facilities are capable of being financed by the proposed municipal corporation with a reasonable local tax, using the current assessed valuation of properties as a basis of calculation; and the general good of the community, including both the proposed municipal corporation and the surrounding area, will be served if the incorporation petition is granted.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.08 | Recording of Journal Entry.

Effective:
March 2, 1992
Latest Legislation:
House Bill 228 - 119th General Assembly
If the board of county commissioners grants the petition for incorporation as a village or if the board of elections certifies to the board of county commissioners the results of a favorable election for incorporation as a city pursuant to section 707.30 of the Revised Code, the board of county commissioners shall enter on its journal all the orders and proceedings of the board relating to the incorporation and deliver a certified transcript of all orders of the board, signed by a majority of the members of the board, the petition, map, and all other papers on file relating to the incorporation proceedings to the county recorder at the earliest time practicable.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.09 | Record.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
The county recorder shall file the transcript or other papers provided by section 707.08 of the Revised Code in the county recorder's office, and at the expiration of sixty days thereafter, unless enjoined as provided in section 707.11 of the Revised Code, the county recorder shall make a record of the petition, transcript, if any, and map in the official records. The county recorder shall also file a copy of the record with the secretary of state. The county recorder shall preserve in the county recorder's office the original papers or copies of the original papers delivered to the county recorder by the board of county commissioners.
The incorporation shall be effective as of the date that the record is filed with the secretary of state.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.11 | Injunction Against Recorder.

Effective:
March 2, 1992
Latest Legislation:
House Bill 228 - 119th General Assembly
Within sixty days from the filing of the papers relating to the incorporation of a village by the board of county commissioners with the county recorder as provided by sections 707.08 and 707.09 of the Revised Code, any person interested may make application by petition to the court of common pleas setting forth the errors complained of or claiming the decision of the board is unreasonable or unlawful, and praying an injunction restraining the recorder from making the record and filing a copy of the record with the secretary of state pursuant to section 707.09 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.12 | Procedure in Injunction Cases.

Effective:
December 1, 1967
Latest Legislation:
Senate Bill 221 - 107th General Assembly
When a petition is filed under section 707.11 of the Revised Code, the person filing it shall give notice by delivering a copy of the petition to the county recorder and the agent of the petitioners for the municipal corporation. On receiving such notice, the recorder shall transmit to the clerk of the court of common pleas all the papers relating to the matter of incorporation on file in the recorder's office, and in that event, no record of the papers shall be made by the recorder as provided in section 707.09 of the Revised Code until he receives a certificate from such clerk showing that the injunction has been denied.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.13 | Filing, Docketing, and Hearing of Petition.

Effective:
December 1, 1967
Latest Legislation:
Senate Bill 221 - 107th General Assembly
The court of common pleas shall hear the petition not less than twenty days from the filing thereof and at such hearing the court may hear evidence upon the matters averred in the petition. If the court finds no error in the proceedings before the board of county commissioners and that the board's decision was reasonable and lawful, the petition for such injunction shall be dismissed. Thereupon the clerk shall return such papers to the county recorder, with a certified transcript of the order of the court, and the recorder shall immediately make a record and file a copy of the record with the secretary of state as provided in section 707.09 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.14 | Proceedings if Error Is Found.

Effective:
December 1, 1967
Latest Legislation:
Senate Bill 221 - 107th General Assembly
If the court finds error in the proceedings before the board of county commissioners or that the board's decision was unreasonable or unlawful, the court shall make an order enjoining the county recorder from making the record and filing a copy of the record with the secretary of state as is provided in section 707.09 of the Revised Code. Such order shall not be a bar to subsequent applications to the board for the purpose of effecting incorporation. The court shall render such judgment as to the payment of the cost incurred in such proceeding for injunction as is just and equitable.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.21 | Election of Officers - Special Election.

Effective:
July 2, 2010
Latest Legislation:
House Bill 48 - 128th General Assembly
The first election of officers for a municipal corporation organized under Chapter 707. of the Revised Code shall be held at the time of the next regular municipal election if one occurs not less than one hundred five nor more than one hundred eighty days after the creation of the municipal corporation. Otherwise a special election shall be held. Such special election may be held on the day of a primary or general election or on a date set by the board of elections. Nominations of candidates for election to municipal office at a special election shall be made by nominating petition and shall be signed by not less than twenty-five qualified electors nor more than fifty qualified electors of the township or of the portion thereof which has been incorporated into such municipal corporation, and be filed with the board of elections not less than ninety days before the day of the election.
Municipal officers elected at such special election shall hold office until the first day of January next after the first regular municipal election occurring not less than one hundred five days after the creation of such municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.22 | Territory Embracing Parts of More Than One County.

Effective:
March 2, 1992
Latest Legislation:
House Bill 228 - 119th General Assembly
When electors residing in two or more counties desire the organization of such territory into a municipal corporation, the petition shall be made to the board of county commissioners of the county in which the largest number of qualified voters of the proposed municipal corporation reside, and a statement to that effect shall be set forth in the petition. The transcript of the proceedings of the board, if required, and the other papers relating to the incorporation shall be recorded in the county in which the petition is filed in the manner provided by section 707.09 of the Revised Code. Within ten days after such recording the county recorder shall make a certified transcript of such record for each of the other counties in which any portion of the territory is situated, and shall forward such transcript to the recorders of such counties, who shall record them in the manner required for original papers.
In all other respects, the proceedings to establish such municipal corporation, or review the action of the board, shall be as provided in sections 707.01 to 707.14 of the Revised Code for villages and sections 707.29 and 707.30 of the Revised Code for cities.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.23 | Jurisdiction of Officers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the jurisdiction of municipal officers is coextensive with the county in which the municipal corporation is situated, their jurisdiction in a municipal corporation embracing territory of more than one county shall be coextensive with each of the counties in which any part of such territory is located.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.24 | Fees.

Effective:
December 1, 1967
Latest Legislation:
Senate Bill 221 - 107th General Assembly
Each municipal officer shall receive for the services required of him under sections 707.01 to 707.28, inclusive, of the Revised Code, the same fees he would be entitled to for similar services in other cases. Unless such fees are paid in advance for services under sections 707.01 to 707.28, inclusive, of the Revised Code, by the agent of the petitioners, of whom demand may be made, such officer need not perform the service.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.25 | Proceedings to Change Name.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When it is desirable to change the name of a municipal corporation a petition for the purpose, subscribed by at least twelve freeholders of the municipal corporation, setting forth the reasons such change is desirable, shall be filed in the court of common pleas of the county in which such municipal corporation, or the larger part thereof, is situated. A notice, setting forth the object of the petitioners, and the time when and place where such petition will be heard, shall be published for thirty days previous to the hearing in a newspaper of general circulation in the municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.26 | Power of Court - Saving Rights.

Effective:
December 1, 1967
Latest Legislation:
Senate Bill 221 - 107th General Assembly
The court of common pleas may order a change in the name of a municipal corporation as provided by section 707.25 of the Revised Code, upon being satisfied, by proof, of the following:
(A) The prayer of the petitioners is just and reasonable.
(B) Notice, as required by such section, has been given.
(C) At least three-fourths of the inhabitants of such municipal corporation desire the change.
(D) There is no other municipal corporation in this state having the name prayed for.
The clerk of the court of common pleas shall thereupon tax the petitioners with the costs, and record the proceedings in a book to be kept by him for that purpose. Such change shall not alter or affect any right, liability, action, or right of action, civil or criminal.
Last updated March 9, 2022 at 12:14 PM
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.27 | Effect of Error.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No error, irregularity, or defect in any proceeding for the creation of a municipal corporation shall render it invalid if the territory sought to be incorporated has been recognized as such municipal corporation, and if any tax levied upon it as such has been paid, or if it has been subjected to the authority of the municipal legislative authority without objection from its inhabitants.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.28 | Division of Property and Funds When Village or City Is Incorporated From Township.

Effective:
December 20, 2005
Latest Legislation:
Senate Bill 107 - 126th General Assembly
When a village or a city is incorporated from a portion of a township, or portions of more than one township, a proper division of the real and personal property of the townships, and of the funds for township purposes which are in the treasury, or in the process of collection, of the townships from which the territory is taken, shall, upon application of the village or city treasurer to the probate court of the county in which the territory is situated, be determined and ordered transferred to the village or city, in the case of real or personal property, or, in the case of funds, paid to the village or city treasurer.
In determining the portion of the real and personal property and funds to which the village or city is entitled, the indebtedness of each township shall be taken into consideration. Ten days' notice of a hearing shall be given by the treasurer of the applicant to the township fiscal officer of each township whose property and funds are sought to be divided. The findings and orders of the probate court under this section shall be final.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 707 | Incorporation › Section 707.29 | Incorporation of City.

Effective:
March 2, 1992
Latest Legislation:
House Bill 228 - 119th General Assembly
(A) Cities may be incorporated in the manner provided in sections 707.29 and 707.30 of the Revised Code. Application for incorporation of a city shall be made by petition addressed to the board of county commissioners. The territory proposed for incorporation as a city shall meet all of the following criteria:
(1) It shall consist of not less than four square miles.
(2) It shall have a population of not less than twenty-five thousand and a population density of at least one thousand persons per square mile.
(3) It shall have an assessed valuation of real, personal, and public utility property subject, except as otherwise provided in division (A)(3) of this section, to general property taxation of at least twenty-five hundred dollars per capita. In determining per capita assessed valuation under division (A)(3) of this section, the assessed valuation of any tangible personal property, buildings, structures, improvements, and fixtures that are exempt from taxation under division (B) of section 5709.081 of the Revised Code shall be added to the assessed valuation of real, personal, and public utility property subject to general property taxation.
(4) It shall not completely surround an existing municipal corporation.
(5) It shall be contiguous.
(B) No territory within the boundaries of a military base, camp, or similar installation under the jurisdiction of a military department of the United States government, that is used for the housing of members of the armed forces of the United States and is a center for military operations of the department shall be incorporated without the approval of the secretary of defense of the United States, his designee , or other person having authority under federal law to give such approval.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.01 | Annexation and Detachment of Territory.

Effective:
June 30, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
Territory may be annexed to, merged with, or detached from, municipal corporations, in the manner provided in this chapter, provided that no territory lying within the boundaries of a military base, camp, or similar installation under the jurisdiction of a military department of the United States government, that is used for the housing of members of the armed forces of the United States and is a center for military operations of the department shall be annexed to or merged with a municipal corporation under this chapter without the approval of the secretary of defense of the United States, the secretary's designee, or other person having authority under federal law to give such approval.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.011 | Clerk to Notify Board of Elections of Vacancies in Office and Change in Municipal Boundaries.

Effective:
December 1, 1967
Latest Legislation:
Senate Bill 220 - 107th General Assembly
The clerk or clerk of council of a municipal corporation shall notify the board of elections of all vacancies caused by death, resignation, or otherwise in the elective offices of the municipal corporation. Such notification shall be made in writing and filed not later than ten days after the vacancy occurs with the board of elections of the county or counties in which the municipal corporation is located.
The clerk or clerk of council of a municipal corporation shall notify the board of elections of all changes in the boundaries of the municipal corporation. Such notification shall be made in writing and contain a plat clearly showing all boundary changes and shall be filed with the board of elections of the county or counties in which the municipal corporation is located within thirty days after such change occurs.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.013 | Multiple Annexation Petitions Concerning Same Territory.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
(A) If, after a petition for annexation is filed with the board of county commissioners, one or more other petitions are filed containing all or a part of the territory contained in the first petition, the board shall hear and decide the petitions in the order in which they were filed.
(B) The effect of granting any petition under division (A) of this section shall be to delete from any subsequently filed petition any territory contained in the petition that was granted.
(C) If two or more petitions for annexation are filed seeking to annex part or all of the same territory and appeals are subsequently filed under section 709.07 of the Revised Code, each court shall decide the appeal on the first-filed petition before considering the appeal in any subsequently filed petition.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.014 | Fee Schedule for Annexation Costs.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
(A) The board of county commissioners may establish a reasonable fee or schedule of fees to cover its costs incurred in any annexation proceedings that take place under this chapter. The board also may require an initial deposit to be paid at the time a petition for annexation is filed under sections 709.02 to 709.21 of the Revised Code or promptly after that time. The clerk of the board shall maintain an accurate and detailed accounting of all funds received and expended in the processing of a petition for annexation filed under sections 709.02 to 709.21 of the Revised Code.
(B) Notwithstanding anything to the contrary in division (E) of section 709.024 and division (A) of section 709.03 of the Revised Code, the board of county commissioners, by resolution, may appoint the clerk of the board or the county administrator to set the date, time, and place for hearings, and to provide associated notices to the agent for the petitioners, required under those divisions instead of the board.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.015 | Substantial Compliance With Procedural Requirements Is Sufficient to Grant Jurisdiction.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
The procedural requirements set forth in sections 709.02 to 709.21 of the Revised Code are directory in nature. Substantial compliance with the procedural requirements of those sections is sufficient to grant the board of county commissioners jurisdiction to hear and render its decision on a petition for annexation filed under those sections. The board shall cure a procedural defect and shall not deny a petition for annexation solely upon the basis of procedural defects.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.021 | Special Procedure Where Owners Unanimously Request Annexation.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
(A) When a petition signed by all of the owners of real estate in the unincorporated territory of a township proposed for annexation requests the annexation of that territory to a municipal corporation contiguous to that territory under one of the special procedures provided for annexation in sections 709.022, 709.023, and 709.024 of the Revised Code, the annexation proceedings shall be conducted under those sections to the exclusion of any other provisions of this chapter unless otherwise provided in this section or the special procedure section chosen.
(B) Application for annexation shall be made by a petition filed with the clerk of the board of county commissioners of the county in which the territory is located, and the procedures contained in divisions (C), (D), and (E) of section 709.02 of the Revised Code shall be followed, except that all owners, not just a majority of owners, shall sign the petition. To be valid, each petition circulated for the special procedure in section 709.022 or 709.023 of the Revised Code shall contain the notice provided for in division (B) of section 709.022 or division (A) of section 709.023 of the Revised Code, whichever is applicable.
(C) Except as otherwise provided in this section, only this section and sections 709.014, 709.015, 709.04, 709.10, 709.11, 709.12, 709.192, 709.20, and 709.21 of the Revised Code apply to the granting of an annexation described in this section.
(D) As used in sections 709.022 and 709.024 of the Revised Code, "party" or "parties" means the municipal corporation to which annexation is proposed, each township any portion of which is included within the territory proposed for annexation, and the agent for the petitioners.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.022 | Petition Where Owners Unanimously Request Annexation.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
(A) A petition filed under section 709.021 of the Revised Code that requests to follow this section is for the special procedure of annexing land with the consent of all parties. The petition shall be accompanied by a certified copy of an annexation agreement provided for in section 709.192 of the Revised Code or of a cooperative economic development agreement provided for in section 701.07 of the Revised Code, that is entered into by the municipal corporation and each township any portion of which is included within the territory proposed for annexation. Upon the receipt of the petition and the applicable agreement, the board of county commissioners, at the board's next regular session, shall enter upon its journal a resolution granting the annexation, without holding a hearing.
(B) Owners who sign a petition requesting that the special procedure in this section be followed expressly waive their right to appeal any action taken by the board of county commissioners under this section. There is no appeal from the board's decision under this section in law or in equity.
The petition circulated to collect signatures for the special procedure in this section shall contain in boldface capital letters immediately above the heading of the place for signatures on each part of the petition the following: "WHOEVER SIGNS THIS PETITION EXPRESSLY WAIVES THEIR RIGHT TO APPEAL ANY ACTION ON THE PETITION TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. THERE ALSO IS NO APPEAL FROM THE BOARD'S DECISION IN THIS MATTER IN LAW OR IN EQUITY."
(C) After the board of county commissioners grants the petition for annexation, the clerk of the board shall deliver a certified copy of the entire record of the annexation proceedings, including all resolutions of the board, signed by a majority of the members of the board, the petition, map, and all other papers on file, and the recording of the proceedings, if a copy is available, to the auditor or clerk of the municipal corporation to which annexation is proposed.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.031 | Report on Accuracy of Legal Description - Verification of Signatures.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
(A) Within five days after the petition for annexation is filed with the board of county commissioners, the clerk of the board shall refer the legal description of the perimeter and the map or plat of the territory proposed to be annexed to the county engineer for a report upon the accuracy of the legal description of the perimeter, map, or plat. Upon receiving these items, the county engineer shall file, at least twenty-five days before the hearing, a written report with the board based on the engineer's findings, which shall not be conclusive upon the board. Failure of the engineer to make the report shall not affect the jurisdiction or duty of the board to proceed.
(B) The petition may be amended without further notice by leave of the board of county commissioners and with the consent of the agent for the petitioners if the amendment does not add to the territory embraced in the original petition and is made at least fifteen days before the date of the hearing. The board may rerefer the legal description of the perimeter, map, or plat to the county engineer if revisions are made in them, for a report on their accuracy. Upon receiving these items, the county engineer shall file, on or before the date of the hearing, a written report with the board based on the engineer's findings, which shall not be conclusive upon the board. Failure of the engineer to make the report shall not affect the jurisdiction or duty of the board to proceed.
(C) The board of township trustees of any township containing any territory proposed for annexation and any owners of real estate in the territory proposed for annexation may request that reasonable proof be presented of the authority of a person signing the petition on behalf of any person other than a natural being, the state, or a political subdivision of the state. The request shall be in writing and be filed with the board of county commissioners and with the agent for the petitioners at least fifteen days prior to the hearing on the petition. When such a request is filed, the agent for the petitioners shall present to the board of county commissioners at the hearing held under section 709.032 of the Revised Code sufficient evidence by affidavit or testimony to establish that the owner is a person other than a natural being, the state, or a political subdivision of the state and that the owner authorized the person whose signature is on the petition to sign the petition on its behalf. If the board does not find the evidence sufficient to establish this authority, it shall remove the signature from the petition.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.04 | Accepting or Rejecting Annexation by Ordinance or Resolution.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
At the next regular session of the legislative authority of the municipal corporation to which annexation is proposed, after the expiration of sixty days from the date of the delivery required by division (C) of section 709.022 or division (C)(1) of section 709.033 of the Revised Code, the auditor or clerk of that municipal corporation shall lay the resolution of the board granting the petition and the accompanying map or plat and petition before the legislative authority. The legislative authority, by resolution or ordinance, then shall accept or reject the petition for annexation. If the legislative authority fails to pass an ordinance or resolution accepting the petition for annexation within a period of one hundred twenty days after those documents are laid before it by the auditor or clerk, the petition for annexation shall be considered rejected by the legislative authority.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.05 | Rejection of Application - Effect.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the resolution or ordinance required by section 709.04 of the Revised Code is a rejection of the application for annexation, no further proceedings shall be had. Such rejection shall not be a bar to application thereafter to the board of county commissioners on the same subject.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.06 | Proceedings When Application Allowed.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
If the resolution or ordinance required by section 709.04 of the Revised Code is an acceptance of the proposed annexation, the auditor or clerk of the municipal corporation to which annexation is proposed shall make three copies containing the petition, the map or plat accompanying the petition, a transcript of the proceedings of the board of county commissioners, and resolutions and ordinances in relation to the annexation, with a certificate to each copy that it is correct. Such certificate shall be signed by the auditor or clerk in the auditor's or clerk's official capacity, and shall be authenticated by the seal of the municipal corporation if there is any. The auditor or clerk shall forthwith deliver one such copy to the county auditor and one such copy to the county recorder, who shall record it in the official records. The other copy shall be forwarded by the auditor or clerk to the secretary of state.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.10 | Effective Date of Annexation and Rights of Inhabitants.

Effective:
March 18, 1969
Latest Legislation:
House Bill 1 - 108th General Assembly
The annexation shall become effective thirty days after the passage of the resolution or ordinance by the legislative authority of the municipal corporation accepting annexation, provided that if the resolution or ordinance is subjected to a referendum, the annexation, if approved by the electors, shall become effective thirty days after such approval. The territory annexed is a part of the municipal corporation, and the inhabitants residing therein shall have all the rights and privileges, and shall be subject to the powers, of the municipal corporation as are the inhabitants within the original limits of such municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.11 | Territory Situated in More Than One County.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
If the territory proposed for annexation under this chapter is situated in more than one county, the annexation proceedings shall be in the county in which the majority of acreage of the territory proposed for annexation is situated.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.12 | Apportioning of Indebtedness of Annexed Territory - Division of Funds.

Effective:
December 1, 1967
Latest Legislation:
Senate Bill 220 - 107th General Assembly
When proceedings have been commenced to annex a portion of a township, or portions of more than one township, to a municipal corporation upon which the tax levies made by the board of township trustees for the payment of the township debt do not apply, the county auditor shall ascertain and apportion the amount of existing net indebtedness of the township which shall be assumed and paid by the municipal corportion. The apportionment shall be made in the proportion of the total duplicate for the annexed territory transferred to the municipal corporation to the total tax duplicate remaining in and for the unannexed portion of the township. The auditor shall ascertain, adjust, and divide between the municipal corporation and the unannexed portion of the township any unencumbered balance on hand to the credit of any fund of such township, in the same proportion as is provided in this section for the division and apportionment of indebtedness. No division shall be made of a balance in any fund of a township that is required for the retirement of its indebtedness. In case any net indebtedness is assumed by the municipal corporation as provided in this section, the legislative authority of such municipal corporation shall provide for the payment of such indebtedness by the levy of taxes therefor, or by the appropriation from an appropriate fund. The proceeds of such levy or appropriation shall be transferred to the proper authorities of the township for the final redemption of its indebtedness.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.13 | Annexation of Territory Upon Action by Inhabitants Generally.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
The inhabitants, generally, of a municipal corporation may enlarge the limits of the municipal corporation by the annexation of contiguous territory in the manner provided by sections 709.14 to 709.16 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.14 | Preliminary Action by Legislative Authority.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
The legislative authority of a municipal corporation that proposes to annex contiguous territory shall pass, by a vote of not less than a majority of the members elected to the legislative authority, an ordinance authorizing the annexation to be made and directing the village solicitor or city director of law of the municipal corporation, or someone to be named in the ordinance, to prosecute the proceedings necessary to effect it.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.15 | Petition to Board of County Commissioners.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
The application of a municipal corporation to the board of county commissioners requesting the annexation of contiguous territory under section 709.16 of the Revised Code shall be by a petition setting forth that, under an ordinance of the legislative authority of the municipal corporation, the territory described in the petition was authorized to be annexed to the municipal corporation. The petition shall contain an accurate legal description of the perimeter and shall be accompanied by an accurate map or plat of the territory proposed for annexation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.16 | Petition by Municipal Corporation for Annexation.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
(A) A municipal corporation may petition the board of county commissioners to annex contiguous territory owned only by the municipal corporation, a county, or the state. The clerk of the board shall cause the petition to be entered upon the board's journal at its next regular session. This entry shall be the first official act of the board upon the petition. Proceedings on the petition shall be conducted under this section to the exclusion of any other provisions of this chapter except for sections 709.014, 709.14, 709.15, 709.20, and 709.21 of the Revised Code.
(B) If the only territory to be annexed is contiguous territory owned by a municipal corporation, the board of county commissioners, by resolution, shall grant the annexation. The annexation shall be complete upon the entry upon the journal of the board of the resolution granting the annexation.
(C) If the only territory to be annexed is contiguous territory owned by a county, the board of county commissioners, by resolution, may grant or deny the annexation. The annexation shall be complete upon the entry upon the journal of the board of a resolution granting the annexation.
(D) If the only territory to be annexed is contiguous territory owned by the state and the director of administrative services has filed a written consent to the granting of the annexation with the board of county commissioners, the board, by resolution, shall grant the annexation. The annexation shall be complete upon the entry upon the journal of the board of a resolution granting the annexation.
(E) The board of county commissioners shall act upon a petition for annexation filed under this section within thirty days after receipt of the petition.
(F) No appeal in law or in equity shall be allowed from the granting of an annexation under this section.
(G) When a municipal corporation purchases real property below an appraised fair market value and sells or agrees to sell the property back to the person that sold it to the municipal corporation, an annexation of that property completed under this section shall be void, and the annexed property shall become part of the township from which it was annexed, if it still exists. If the township no longer exists, the board of county commissioners shall attach the annexed territory to another township.
(H) Territory annexed under this section shall not be excluded from the township under section 503.07 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.191 | Annual Payments to Compensate for Lost Tax Revenue.

Effective:
February 2, 1982
Latest Legislation:
House Bill 19 - 114th General Assembly
In lieu of making any of the payments required by section 709.19 of the Revised Code and for any proposed annexation which does not require payments under that section, the legislative authority of a municipal corporation which proposes to annex unincorporated territory of a township may enter into an agreement with the board of township trustees of the township in which the territory to be annexed is located, whereby the municipal corporation agrees to make an annual payment to the township to compensate for lost tax revenues. The agreement shall set forth the amount of the annual payment and the number of payments to be made.
If a municipal corporation fails to make an annual payment pursuant to an agreement entered into under this section, the board of township trustees shall notify the county budget commission in writing of the amount owed by the municipal corporation to the township. The county budget commission shall reduce the amount apportioned to the municipal corporation from the undivided local government fund pursuant to section 5747.51 or 5747.53 of the Revised Code by the amount of the payment due the township under the municipal-township agreement and shall increase, by an amount equal to this reduction, the amount apportioned to the township from the undivided local government fund.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.20 | Rights When Annexation Complete.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the annexation of the territory described in the petition mentioned in section 709.15 of the Revised Code has been completed, such territory is a part of the annexing municipal corporation, and the inhabitants residing in the territory shall have all the rights and privileges of the inhabitants residing within the original limits of such municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.21 | Errors Not Fatal to Proceedings.

Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
No error, irregularity, or defect in the proceedings under sections 709.01 to 709.20 of the Revised Code shall render them invalid once annexation has become final and the annexed territory has been recognized as a part of the annexing municipal corporation, taxes levied upon it as such have been paid, and it has been subjected to the authority of the legislative authority of the annexing municipal corporation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.22 | Annexation of Territory of One Municipal Corporation to a Contiguous Municipal Corporation.

Effective:
June 13, 1975
Latest Legislation:
House Bill 1 - 111th General Assembly
Territory of a municipal corporation may be annexed to that of a contiguous municipal corporation in the manner provided in sections 709.23 to 709.34 of the Revised Code.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.23 | Arrangement of Conditions of Annexation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of any municipal corporation may propose annexation of its territory to that of any contiguous municipal corporation, and it shall thereupon pass an ordinance declaring its desire to be annexed and shall appoint three commissioners to represent it in such negotiations and to arrange the conditions of annexation.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.24 | Petition for Annexation - Appointment of Commission.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If there is presented to the legislative authority of a municipal corporation proposed to be annexed to an adjoining or contiguous municipal corporation, a petition signed by resident electors, who voted at the last regular municipal election, numbering not less than twenty-five per cent of the number of electors who voted in such election in the territory proposed to be annexed, representing their desire that such legislative authority take the necessary steps to select and appoint three commissioners to represent such municipal corporation in annexation proceedings, and if such petition is accompanied by a certificate verified on belief by oath, from the clerk of the board of elections of the county in which the municipal corporation is located, to the effect that the petition does contain the names of resident electors who voted at the last regular municipal election, of a number not less than twenty-five per cent of those who voted at such election, the legislative authority shall, within thirty days after the presentation of such petition, pass an ordinance declaring its intention to enter into negotiations with the municipal corporation with which annexation is proposed and shall appoint the three commissioners to represent it in such negotiations.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.25 | Ordinance or Petition - Procedure.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The ordinance provided for in section 709.23 of the Revised Code, or the petition provided for in section 709.24 of the Revised Code, shall specify whether annexation is desired for corporate municipal purposes only, or for such purposes and for school purposes. In case annexation is desired both for corporate municipal purposes and for school purposes, such questions shall be submitted separately, but may be printed upon the same ballot. The legislative authorities in both municipal corporations in such case shall certify a copy of such ordinance or petition to the board of education of their respective municipal corporations, each of which shall, within thirty days, appoint three commissioners who shall meet forthwith and, within fifteen days, negotiate the terms of annexation for school purposes and certify such terms to their respective boards of education. Such boards shall, by resolution, submit the question of annexing such school district in the manner provided by law.
Such question as to annexation for school purposes shall be submitted to the electors of the respective school districts in which such municipal corporations are situated, irrespective of deviations of school district boundaries from those of the affected municipal corporations.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.26 | Designation of Commissioners for Negotiation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the passage of the ordinance provided for in section 709.23 of the Revised Code, the clerk of the legislative authority passing such an ordinance shall submit a certified copy of it to the legislative authority of the municipal corporation with which annexation is proposed, and within thirty days after the receipt of such certified copy the legislative authority of the municipal corporation with which annexation is proposed may pass an ordinance designating three commissioners to represent it in such negotiations.
2023 Ohio Revised Code › Title 7 | Municipal Corporations › Chapter 709 | Annexation; Detachment › Section 709.27 | Procedure on Failure of Legislative Authority to Designate Commissioners.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, within thirty days after receipt of a certified copy of an ordinance from a municipal corporation proposing annexation designating its three commissioners, the legislative authority of the municipal corporation with which annexation is proposed fails to pass an ordinance designating three commissioners to represent it in such negotiations, then, on receipt of a petition signed by resident electors of a number not less than twenty-five per cent of the number of electors voting at the last previous regular municipal election of the municipal corporation with which annexation is proposed, petitioning the legislative authority thereof to take such action as is necessary to initiate such proceedings and to appoint three commissioners to represent it therein, the legislative authority shall pass an ordinance appointing such commissioners.