reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5559 | Platted Territory Road Improvement › Section 5559.14 | Payment on Contract - Estimates.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The payment of the cost of the construction of an improvement as provided by section 5559.02 of the Revised Code shall be made as the work progresses, upon estimates made by the county engineer. No payment on account of the contract for any improvement, shall, before the completion of such contract, exceed ninety per cent of the value of the work performed to the date of such payment, and, except as provided in this section and section 5559.15 of the Revised Code, ten per cent of the value of the work performed shall be held until the final completion of the contract in accordance with the plans and specifications. In addition to the above payments on account of work performed, the engineer may also allow the contractor an estimate not to exceed ninety per cent of the value of material delivered on the site of the work, or at a railroad station or siding, or other point in the general vicinity thereof, but not yet incorporated therein, provided such material has been inspected and found to meet the specifications. When an estimate is allowed on account of material delivered on the site of the work or in the vicinity thereof, but not yet incorporated therein, such material shall become the property of the county, but in case it is stolen, destroyed, or damaged by casualty before being used, the contractor will be required to replace it at his own expense. When the retained percentage plus the difference between the contract price and estimates allowed exceeds by more than fifteen per cent the estimated cost of completing the work, as determined by the engineer, such engineer may allow the contractor an estimate equal to all or any part of such excess sum, retaining not less than the estimated cost of completing the work, as determined by him, plus fifteen per cent.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5559 | Platted Territory Road Improvement › Section 5559.15 | County Engineer Shall Superintend - Allowance for Extra Work.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The improvement under section 5559.02 of the Revised Code shall be done under the general care and superintendence of the county engineer, and he shall see that the specifications are complied with by the contractor. Allowances for extra work, rendered necessary by unforeseen contingencies not contemplated by the contract, may be made, but only in the manner provided by section 5555.69 of the Revised Code. Where the plans for any improvement authorized by sections 5559.02 to 5559.16, inclusive, of the Revised Code, include the paving of a road, street, or alley in which there is a sanitary sewer, water, or gas main, such plans shall include the extension to the curb of all necessary and proper service connections with such sewer or main. After any improvement is laid under such sections, any future installation of mains or public utility lines shall, so far as possible, be made between the curb and property line.
No road, street, or alley improved under sections 5559.02 to 5559.16, inclusive, of the Revised Code, shall, by reason of such improvement, become a county road. Any road, street, or alley defined and described in section 5559.02 of the Revised Code, and improved under section 5559.02 to 5559.16, inclusive, of the Revised Code, or otherwise, may at any time be repaired by the board of county commissioners in the manner provided with respect to the original improvement thereof.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5559 | Platted Territory Road Improvement › Section 5559.16 | Certain Powers Supplementary.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The powers conferred by sections 5559.02 to 5559.15, inclusive, of the Revised Code, shall be supplementary to those conferred by law upon boards of county commissioners, with respect to the improvement of public highways, and the authority of the board in such respect, under existing laws, shall be in no way altered or abridged by such sections.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.01 | Road Grade Above or Below Railroad Tracks.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any county may raise or lower the grade of any state or intercounty highway above or below the tracks of railroads and parallel and adjacent interurban railways within the county, and require any railroad company operating a railroad in such county, and any interurban railway company operating an interurban railway parallel and adjacent to the railroad, to raise or lower the grade of its tracks, above or below any state or intercounty highway, and may construct ways or crossings for such highway above the tracks of any railroad and parallel and adjacent interurban railway, or require the railroad company and any interurban railway company operating an interurban railway, parallel and adjacent to such railroad, to construct ways or crossings therefor that are to be passed under its tracks. Such companies may be required to erect permanent piers, abutments, or any other appropriate supports for any of such works on state and intercounty highways within the county, whenever, in the opinion of the board of county commissioners, the raising or lowering of the grade of any such tracks, or the raising, lowering, or construction of such highways or supports is necessary; upon the terms of sections 4957.06 and 5561.01 to 5561.15, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.02 | Change of Location of State Highways.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
When the board of county commissioners deems it necessary, in the abolishment of grade crossings, to change the location of any state or intercounty highway in the county, such board may, with the approval of the director of transportation, relocate such highway or any part thereof, vacate the whole or any portion of such highway abandoned by relocation, and cause the improvements contemplated to be placed in such relocated highway.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.03 | Hearing by Director of Transportation.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
As a condition precedent to the exercise of jurisdiction under sections 4957.06 and 5561.01 to 5561.15 of the Revised Code, by a board of county commissioners, such board shall transmit to the director of transportation a full written description of the grade crossing which it is proposed to abolish, showing its location, the reasons which tend to make necessary its elimination, the names of the railroads or interurban railways owning the tracks crossing such state or intercounty highway, and the manner in which the improvement proposed should be accomplished.
On receipt of such description the director shall conduct a hearing as to the necessity and the expediency of the proposed improvement, after thirty days' notice in writing of the time and place of holding such hearing has been given to the board and to the railroad or interurban railway companies concerned in such proposed elimination. Notice shall be served by the sheriff upon the railroad or interurban railway companies, in the manner provided for the service of summons in civil actions. If after such hearing, the director is of the opinion that such improvement is reasonably necessary and expedient, he shall so certify in writing to the board, sending a copy of such certificate to all railroad or interurban railway companies involved. But if the director is not of such opinion he shall so state in his certificate, and thereupon no further proceedings shall be taken upon such application to the director.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.05 | Hearing - Finding - Appeal.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the filing the petition as provided by section 5561.04 of the Revised Code, accompanied by plans, the railroad company or county opposed to the prayer thereof, or directly interested therein, may, within sixty days file an answer to such petition and present other plans for the abolition of such crossing. After the expiration of such period the court of common pleas shall proceed to a hearing upon the petition and any answers that have been filed, which hearing must be advanced upon the docket upon motion of either party. After examination of all plans presented to it and after hearing the evidence, the court shall make a finding as to whether such plans or any of them are reasonable and practicable.
If the court finds any of the plans presented are reasonable and practicable, it shall order the changes made in accordance with the most reasonable and practicable plan presented to the court, or as amended by its order entered by consent of the parties. The county shall make such changes in the roads or highways as may be necessary, and the railroad company shall make the changes necessary in the tracks and roadbed, in order to comply with the rulings of the court.
If more than one company owns tracks on the crossing in question, the court shall apportion among them the fifteen per cent provided by section 5561.06 of the Revised Code to be paid by such companies, and when making such apportionment the courts shall take into consideration the difference in costs of construction and benefits derived by such companies. If the court finds that none of the plans are reasonable or practicable, the improvement shall not be made upon such plans.
Either party may appeal or prosecute error as in other cases, the hearing of which shall be advanced upon the docket upon motion of either party.
If the county or railroad company refuses or neglects to comply with the orders or findings made by the court under this section, the court may enforce its orders or findings by mandamus, mandatory injunction, or contempt of court, upon the application of either party to such proceedings.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.06 | Apportionment of Cost Between County and Railroad - Right of Action.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
The cost of constructing a grade crossing improvement, including the making of ways, crossings, or viaducts, above or below the railroad tracks, and the raising or lowering of the grades of the railroad tracks and sidetracks for such distance as required by the county and made necessary by such improvement, including the cost of moving or changing existing structures and other incidental expenses, together with the cost of land or property purchased or appropriated, and damages to owners of abutting or other property, shall be borne, unless otherwise agreed upon, eighty-five per cent by the county and fifteen per cent by such railroad company, including any interurban railroad company, the crossing of whose tracks with such highway is involved.
The county shall have a right of action against such company for the recovery of the fifteen per cent of the costs payable by it, with interest from the time it becomes due such county and company may agree as to what part of the work is to be done by the company, and also fix the amount to be allowed or credited to the company for doing the work. Such company may deduct from its fifteen per cent of the cost of the improvement, the expense incurred by it in the change of its grade required by the county or made necessary by it under such specifications, but only in case the amount of the expense has been agreed upon in writing between the county and the company. If the amount of work done by the company, or made necessary by reason of such change of grade on lowering or raising its tracks, exceeds fifteen per cent of the cost of the improvement, then it may recover the amount with interest in excess of fifteen per cent of the expenses, in an action at law against the county.
In connection with any such improvement, the board of county commissioners or the director of transportation, and the railroad company or any interurban railway company whose tracks are to be raised or lowered, or over or under whose tracks the proposed improvement is to pass, may agree as to the proportions of such construction, the cost of which is to be shared, and upon the percentages of the cost to be borne by the county or state, and by the railroad company or interurban railway company, but if no such agreement is made this section shall apply.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.07 | Notice of Change of Grade to Abutting Owners.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before any work is done which may be required in the making of a proposed grade crossing improvement, the board of county commissioners shall, by resolution, require notice of its intention to make such improvement, in accordance with the plans and specifications agreed upon or ordered, to be given to the owner of each piece of property abutting on any road, the grade of which will be changed by the proposed improvement.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.08 | Service of Summons and Publication.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Notice of the passage of a resolution for a grade crossing improvement shall be served by the sheriff of the county, upon the owner of each piece of property which will be affected by any change of grade, in the manner provided for the service of summons in civil actions. If any of such owners are nonresidents of the county, or if it appears from the return that they cannot be found, the notice shall be published for at least two weeks in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code. Notice shall be completed at least twenty days before any work is done on such improvement, and the sheriff's return shall be prima-facie evidence of the facts recited therein.
Section 727.18 of the Revised Code shall apply to the notice provided for in this section, and to all claims for damages by reason of such improvement. Such claims shall be filed with the county auditor within the time, and rights thereunder shall pass to vendees, as provided in such section. After the expiration of the time provided for the filing of claims, the board of county commissioners, when claims have been filed within the time limited, shall determine, by resolution, whether such claims are to be judicially inquired into before commencing or after the completion of the proposed improvement. Thereupon, the county prosecutor shall make application for a jury, to the court of common pleas, or probate court of the county, before commencing or after the completion of the improvement, as the board determines, and all proceedings upon such application shall be governed by the laws relating to similar applications provided for in cases of city improvements.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.09 | Payment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners may, by resolution, prescribe the manner and time of payment by a railroad company of the proportion of the cost of the proposed grade crossing improvement which such company shall pay.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.10 | Height of Crossing Above Grade.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
Any way, crossing, or viaduct constructed over the tracks of any railroad company under sections 5561.01 to 5561.09, inclusive, of the Revised Code, shall be of such height as not to be of less than twenty-one feet in the clear, from the top surface of the rails in the railroad track to the lowest point of projection of such overhead way, crossing, or viaduct, unless such company consents to, or the court orders a less height. In no event shall the court of common pleas order a less height than sixteen feet three inches.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.11 | Appropriation of Property.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
The land or property required to make alterations in the road or other way, or any right, title, or interest in a road or other way, required for the erection of piers or supports necessitated by a proposed grade crossing improvement, and the land or property required to make any alteration in the railroad, necessitated by the proposed improvements, shall be purchased or appropriated by the county or railroad company in the manner provided for in sections 163.01 to 163.22, inclusive, of the Revised Code. The county shall not appropriate land held or owned by a railroad company and necessary for the use of the company in maintaining and operating its road.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.12 | Cost of Repairs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After the completion of construction work, grade crossings and approaches shall be kept in repair as follows:
(A) When the public way crosses a railroad or interurban railway, by an overhead bridge, the cost of maintenance must be borne by the county or state, as may be provided by law.
(B) When the public way passes under a railroad or interurban railway, the bridge and its abutments shall be kept and maintained by the railroad or interurban railway company in such proportions as are fixed by agreement between the parties, or, in the absence of such agreement, in such proportions as are fixed by the court of common pleas of the county in which the improvement is located, and the public way and its approaches shall be maintained and kept in repair by the county in which they are situated or by the state.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.13 | Townships and Municipal Corporations - Bond Issues - Tax Levies.

Effective:
May 13, 1981
Latest Legislation:
House Bill 95 - 114th General Assembly
The board of township trustees and the legislative authority of any municipal corporation in which a proposed grade crossing improvement is to be made may assume and agree to pay to the county, on behalf of the municipal corporation such portion of the costs of the improvement assumed by the county as the board of township trustees or legislative authority deem reasonable.
For the purpose of raising the money to pay the proportion of the cost of such improvement payable by the county, township, or municipal corporation, the bonds of such county, township, or municipal corporation may be issued to the necessary amount. They shall be of such denomination and payable at such place and times as the board of county commissioners, board of township trustees, or legislative authority respectively determine, and shall bear interest not exceeding the rate provided in section 9.95 of the Revised Code, but shall not be sold for less than their par value.
After completion of the improvement, a tax may be levied by the county to pay the costs of maintaining and keeping in repair that part of the work required to be maintained and kept in repair by the county.
The bond issues and tax levies authorized by this section shall be subject to the limitation prescribed for bond issues and tax levies for the purpose of paying the county's, township's, and municipal corporation's share of the cost of a road improvement carried forward by the state.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.14 | Grade Crossings of State and Intercounty Highways.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In case the tracks of any street or interurban railway company cross, on a state or intercounty highway, the right of way of any railroad company at a point where, under the plans and specifications as provided for in section 5561.04 of the Revised Code, it has been determined to construct improvements, the board of county commissioners, by resolution, may require such street or interurban railway company to bear a reasonable portion of the cost assumed by the county in making the improvement, not exceeding twenty-five per cent of the portion payable by the county. The board shall have a right of action against such company for that part of the cost which the resolution requires it to bear. Such cost shall be a lien upon all the property, real and personal, of such company, situated in such county, from and after the date of the passage of the resolution.
The board may, by resolution, provide the mode and time of payment for the proportion of the cost of such improvement to be borne by the company.
Such company shall keep in repair, at its own expense, all its tracks affected by the improvement, and shall bear a reasonable proportion of the cost of maintaining, renewing, and repairing all construction work necessary to support the tracks.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5561 | County Road Grade Crossings › Section 5561.15 | Appeal From Order of Director.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
From the finding and order of the director of transportation that a grade crossing improvement is reasonably necessary and expedient, the board of county commissioners or any railroad or interurban railway company may, upon the question of such necessity and expediency, take an appeal to the public utilities commission. A party desiring to take such an appeal shall file with the director written notice of its intention within thirty days after service upon it of the finding and order. The director shall certify to such commission all original papers on file with him, together with a copy of all orders made by him in the proceeding. Such appeal shall be docketed by the commission, and after reasonable notice to all interested parties it shall hear the appeal upon the evidence adduced before it, and shall determine whether the making of such improvement is necessary and expedient. An appeal from the order of the director or the board, fixing the contribution of a company under section 5561.14 of the Revised Code to the commission, may be taken, and shall be heard and decided in the same manner. Any party to such proceedings on appeal, aggrieved by the decision of the commission, may prosecute error to the supreme court.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.01 | Execution of Order to Open Road.

Effective:
September 24, 1963
Latest Legislation:
Senate Bill 91 - 105th General Assembly
No order of the board of county commissioners for locating, establishing, altering, straightening, widening, or changing the direction of a public road, shall be executed until ten days have elapsed after the board has made its final order in the matter of compensation and damages, on account of such improvement. If, at the end of ten days, any person, firm, or corporation interested, has effected an appeal, then the order shall not be executed until the matters appealed from have been disposed of in the probate court or the common pleas court.
Any person, firm, or corporation desiring to appeal to the probate court or the common pleas court, when the improvement is located in two or more counties, may appeal to the probate or common pleas court of either county.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.02 | Appeal - Notice - Bond.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
Any person, firm, or corporation interested therein, may appeal from the final order or judgment of the board of county commissioners, made in any road improvement proceeding and entered upon their journal, determining any of the following matters:
(A) The order establishing the proposed improvement;
(B) The order dismissing or refusing to grant the prayer of the petition for the proposed improvement.
Any person, firm, or corporation desiring to appeal from the final order or judgment of the board upon any such questions, shall, at the final hearing upon matters of compensation or damages, give notice in writing of an intention to appeal, specifying therein the matters to be appealed from.
In case the petition for an improvement is dismissed, or the prayer thereof is not granted, then a person, firm, or corporation desiring to appeal therefrom must give notice as provided by this section on the date when the order is made dismissing said petition, or refusing to grant the prayer thereof, and file the bond required within the time prescribed.
The board shall fix the amount of the bond to be given by the appellant, which amount shall be reasonable, and cause an entry thereof to be made upon its journal. The appellant, within ten days thereafter, shall file with the county auditor a bond in the amount so fixed, with sureties to be approved by the county auditor. Such bond shall be conditioned to pay all costs made on the appeal, if the appellant fails to sustain such appeal or it is dismissed.
Minors or other persons under disability, or their respective guardians, may appeal to the probate court or the common pleas court without giving bond for the payment of costs. The court shall cause an entry showing such disability to be made on the journal. The estates of such persons shall be liable for all costs adjudged against them or their legal representatives.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.03 | Board of County Commissioners Shall Transmit Papers to Court.

Effective:
September 24, 1963
Latest Legislation:
Senate Bill 91 - 105th General Assembly
Within ten days after the filing of an appeal bond or the making of the journal entry as provided by section 5563.02 of the Revised Code, the board of county commissioners shall transmit to the probate court or to the common pleas court the original papers in the road improvement proceedings, and a certified transcript of the record of the board of all proceedings in connection therewith. Upon receipt thereof the court shall docket the cause, and the appellants shall be designated as plaintiffs and the board and other parties in interest as defendants.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.04 | Hearing of Preliminary Questions and Motions.

Effective:
September 24, 1963
Latest Legislation:
Senate Bill 91 - 105th General Assembly
The probate judge or common pleas judge shall designate a day, not exceeding five days after the docketing of the cause as provided by section 5563.03 of the Revised Code for the hearing of all preliminary questions and motions on an appeal and the examination of the papers and proceedings. On the day fixed all preliminary motions and questions arising upon the appeal shall be heard and determined, and if the court finds that the proceedings are irregular, or that the appeal is not perfected according to law, the court shall dismiss such appeal, at the cost of the appellants, and certify the court's proceedings and the dismissal to the board. The court may waive technical defects, errors, or omissions in such proceedings.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.05 | Trial by Jury - Selection of Jurors.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
If the probate judge or common pleas judge finds that an appeal in a road improvement case has been properly perfected, and that the proceedings are substantially regular, the judge shall fix a day, not more than twenty days after the finding, for the trial of the case by jury. The jury shall be selected from the jurors drawn as prescribed in Chapter 2313. of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.06 | Consolidation of Cases.

Effective:
September 24, 1963
Latest Legislation:
Senate Bill 91 - 105th General Assembly
If more than one party appeals, the probate court or common pleas court shall order the cases to be consolidated and tried together, but the rights of each person, firm, or corporation, as to compensation or damages, shall be separately determined by the jury in its verdict.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.08 | Oath of Jurors.

Effective:
September 24, 1963
Latest Legislation:
Senate Bill 91 - 105th General Assembly
The probate court or common pleas court shall administer to the jurors in road improvement cases an oath that they will faithfully, impartially, and to the best of their ability, determine the particular matters appealed from, and render a true verdict, according to the evidence, under the charge of the court.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.09 | Right to View Premises Before Testimony Is Submitted.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
On motion of either party, the jury, under the care of an officer of the court and with such persons as the court may designate to show them the premises, and before any testimony shall be submitted, except the plat and a survey of the improvement and the title papers of the claimant, if produced, which the jury may take with them, shall examine the route or location of the road improvement as petitioned for or ordered, and after making such examination the jury shall return to the court at the time appointed. After the jury has returned the parties shall offer their evidence to it, under the direction of the court, upon the matters appealed from. The rules of law and procedure governing civil cases in the court of common pleas apply to the trial of the cause in the probate court.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.10 | Verdict of Jury - Court to Make Finding.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
At the conclusion of a trial under section 5563.05 of the Revised Code, the judge shall charge the jury and the jury shall determine in its verdict whether the improvement petitioned for or granted will be conducive to the public convenience and welfare, if an order establishing the proposed improvement or dismissing or refusing to grant the prayer of the petition is appealed. The court shall make a finding for or against the improvement, based on the verdict of the jury.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.11 | Taxing Costs.

Effective:
September 24, 1963
Latest Legislation:
Senate Bill 91 - 105th General Assembly
The probate judge or the common pleas judge shall make a record of all proceedings before him, and tax the costs, which shall include jury fees, in favor of the prevailing party and against the losing party. If more than one matter is appealed from, and a party prevails as to one matter and loses as to another, the court shall determine how much of the costs each party shall pay. The costs on motions or continuance and the like shall be taxed and paid as the court directs. If there are several persons upon the side taxed with costs, the court shall apportion the costs equitably among them. In case several persons are interested on one side of the case and part of them fail, the court shall make such order as to costs as is just and equitable. In cases not specifically provided for, the court shall render such judgment in respect to costs as is equitable. The board of county commissioners shall pay any costs adjudged against them out of the county treasury.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.12 | Enforcement of Judgment.

Effective:
September 24, 1963
Latest Legislation:
Senate Bill 91 - 105th General Assembly
Any judgment rendered by the probate court or the common pleas court in favor of any party in a road improvement cause may be enforced by execution issued out of the court, on its own motion or at the instance of the persons entitled to said judgment or a part thereof, and the money, when collected, shall be paid to the persons respectively entitled thereto.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.13 | Transcript and Papers Certified to County Auditor.

Effective:
September 24, 1963
Latest Legislation:
Senate Bill 91 - 105th General Assembly
The probate judge or the common pleas judge shall make a record of all proceedings had in the court on appeal in a road improvement case, and after the termination of such proceedings, or at the conclusion of an appeal, if an appeal is prosecuted, shall certify the record to the county auditor, together with all of the original papers filed with the court on appeal.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.16 | Fees and Compensation Taxed as Costs.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
For their services required on appeal the officers and other persons mentioned in sections 5563.01 to 5563.17, inclusive, of the Revised Code, shall be entitled to the fees and compensation to which they are entitled for like services in other cases. The persons appointed by the court to show the premises to the jury shall receive such compensation as the court directs, and such compensation shall be taxed with the other costs in the case.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5563 | Appeals in County Road Cases › Section 5563.17 | Procedure After Judgment Establishing Improvement.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
If an appeal is taken from the order of the board of county commissioners dismissing or refusing to grant the prayer of a petition for a road improvement, and the jury finds in favor of such improvement, the court shall render judgment establishing such improvement, unless a new trial is granted by the court, and the said improvement shall be established unless the judgment of such court is reversed. The board shall thereupon take the necessary steps to have the improvement platted and surveyed, and shall proceed to have the compensation and damages, on account of such improvement, determined.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5571 | Board of Township Trustees › Section 5571.011 | Relocating Roads.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
If a person through whose land a public road has been established which is under the jurisdiction of a board of township trustees, 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 such board of township trustees setting forth briefly the particular change desired. Upon receipt of such petition, the board of township trustees shall give notice by publication once, not later than two weeks prior to the date which such board shall fix for a hearing on such petition, in a newspaper of general circulation in said township, stating that such petition has been filed and setting forth the change desired in such road and the date and place of such hearing.
Upon receipt of such a petition the board of township trustees shall cause a competent 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 the engineer's opinion as to its advantage or disadvantage. The report of such engineer shall be filed with the board prior to the hearing of such petition.
At the hearing had on the petition the board of township trustees may hear evidence for or against changing the road, and if the board 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 petition, or it may order such change of the route of such road as will, in its judgment, be for the best interest of the public.
Upon receiving satisfactory evidence that the road has been changed as authorized by it, and opened to the legal width and improved as required by it, the board of township trustees 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 proceeding, as found and determined by the board, and the expense of making such change, including the cost of relocation of any conduits, cables, wires, towers, poles or other equipment or appliances of any public utility, located on, over or under such road. The petitioner shall, on the filing of the petition for such change, give bond to the satisfaction of the board in such amount as it determines to secure payment of the costs of the proceeding and to cover the expense of making the change asked for by the petition.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5571 | Board of Township Trustees › Section 5571.02 | Control and Maintenance of Township Roads.

Effective:
June 10, 2004
Latest Legislation:
House Bill 299 - 125th General Assembly
The board of township trustees shall have control of the township roads of its township and, except for those township roads the board places on nonmaintained status pursuant to section 5571.20 of the Revised Code, shall keep them in good repair. The board of township trustees, with the approval of the board of county commissioners or the director of transportation, may maintain or repair a county road, or intercounty highway, or state highway within the limits of its township.
In the maintenance and repair of roads, the board of township trustees may proceed in any of the following methods:
(A) It may designate one of its number to have charge of the maintenance and repair of roads within the township.
(B) It may divide the township into three road districts, in which event each trustee shall have charge of the maintenance and repair of roads within one of those districts.
(C) It may appoint some competent person, not a member of the board of township trustees, to have charge of maintenance and repair of roads within the township, who shall be known as "township highway superintendent" and shall serve at the pleasure of the board.
The method to be followed in each township shall be determined by the board of township trustees by resolution entered on its records.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5571 | Board of Township Trustees › Section 5571.03 | Compensation of Trustees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the board of township trustees determines to proceed in the method provided by division (A) or (B) of section 5571.02 of the Revised Code, the trustee designated to have charge of the maintenance and repair of roads and culverts within the township, or within a road district thereof, shall receive the compensation provided by section 505.24 of the Revised Code for each day of service in the discharge of such duties, but the total compensation of any trustee to be paid from the treasury under this section and all other sections of the Revised Code shall not exceed the maximum provided by such section in any year.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5571 | Board of Township Trustees › Section 5571.04 | Compensation of Superintendent.

Effective:
March 20, 2019
Latest Legislation:
House Bill 291 - 132nd General Assembly
When the board of township trustees determines to proceed as provided in division (C) of section 5571.02 of the Revised Code and appoints a highway superintendent, except as otherwise provided in section 3.061 of the Revised Code, the superintendent shall, before entering upon the discharge of the official duties of superintendent, give bond to the state, for the use of the township, in the sum of two thousand dollars, conditioned upon the faithful performance of the official duties of superintendent. The bond shall be approved by the board of township trustees and filed with the township fiscal officer. The board of township trustees shall fix the compensation of the superintendent, which compensation shall be paid from the township road fund. The compensation and all proper and necessary expenses, when approved by the board of township trustees, shall be paid by the township fiscal officer upon the fiscal officer's warrant.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5571 | Board of Township Trustees › Section 5571.05 | Supervision of Maintenance and Repair of Township Roads.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In the maintenance and repair of roads, the board of township trustees and any township highway superintendent appointed by it, shall be subject to the general supervision and direction of the county engineer. Such board of township trustees shall follow the direction of the engineer as to methods to be followed in making repairs.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5571 | Board of Township Trustees › Section 5571.06 | Persons Not to Be Counted Either for or Against the Improvement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In determining whether the required number of persons, necessary to give the board of township trustees jurisdiction, have signed the petition asking for a road improvement, the following persons shall not be counted either for or against the improvement:
(A) Resident landowners whose only real estate within the legal assessment distance of such road is located in a municipal corporation;
(B) Owners of life and leasehold estates;
(C) Minors and other persons under legal disability, unless represented by legal guardians, in which case the action of the guardian shall be binding upon such persons;
(D) Lot or landowners who are not otherwise taxed than to raise the proportion of the cost of such improvement, to be paid by the township as a whole.
All tenants in common of any undivided estate, resident within the county, shall be counted as a unit, and if all are not united, either for or against the improvement, none shall be counted in determining whether the requisite number of persons have signed such petition.
No person signing a petition shall be permitted to withdraw therefrom unless the board finds that there was fraud or misrepresentation in obtaining his signature.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5571 | Board of Township Trustees › Section 5571.07 | Petition by Landowners - Duties of Board of Township Trustees.

Effective:
January 10, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
When a petition, signed by at least fifty-one per cent of the land owners or lot owners, residents of the county, who are to be specifically taxed or assessed for such improvement as provided in this section, or signed by the owner of the right to mine coal lying under or adjacent to the proposed improvement, is presented to the board of township trustees asking for the construction, reconstruction, resurfacing, or improvement of any public road or part thereof, the board shall, within thirty days after such petition is presented, go upon the line of the proposed improvement and, after viewing it, determine whether the public convenience and welfare require that such improvement be made. If the board determines to proceed with the improvement, it shall so declare by appropriate resolution, which resolution shall set forth the general route and termini of the improvement and the general manner in which such road is to be improved and such other information as the board deems necessary. Such resolution may also provide for the establishment of an appropriate detour route or for the temporary closing of the road to be improved. The petition shall state the method of paying the compensation, damages, and costs of the improvement desired by the petitioners, who may request that the same be apportioned and paid in any one of the methods provided by section 5573.07 of the Revised Code, provided, that if a petition signed by the owner of the right to mine coal lying under or adjacent to the proposed improvement, is filed with a board of township trustees as provided in this section, such petitioner shall pay the costs and expenses incurred by such board in connection with the proceedings initiated by such petition, and the costs and expenses of making such improvement including compensation and damages, and including the cost of relocation of any conduits, cables, wires, towers, poles, or other equipment or appliances of any public utility, located on, over, or under the portion of the road affected by such improvement, and, on demand by the board, shall give bond to the satisfaction of the board in such amount as the board determines, to secure the payment of all such costs and expenses.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5571 | Board of Township Trustees › Section 5571.08 | Removal of Obstructions.

Effective:
June 10, 2004
Latest Legislation:
House Bill 299 - 125th General Assembly
Except as provided in section 5571.20 of the Revised Code, the board of township trustees shall cause all the township roads within the township to be kept free from obstruction by snow. The cost and expense thereof shall be paid from the road funds of the township or from the funds allocated to the township by section 5735.27 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5571 | Board of Township Trustees › Section 5571.09 | Suits by Board of Township Trustees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of township trustees may bring and maintain all suits involving an injury to any townhsip road, ditch, drain, or watercourse under the jurisdiction of such board and for the prevention of injury thereto. In case such road, ditch, drain, or watercourse is under the jurisdiction of two or more boards of township trustees, such joint board may bring and maintain such action. Such board or joint board may recover, by suit or otherwise, any real estate or interest therein, legal or equitable, belonging to the township, or any money or other property due the township.