reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6123 | Solid Waste and Energy Resource Development Projects › Section 6123.10 | Development Revenue Bonds and Notes and Development Revenue Refunding Bonds Not a Debt.

Effective:
September 28, 1979
Latest Legislation:
House Bill 144 - 113th General Assembly
Development revenue bonds and notes and development revenue refunding bonds issued under Chapter 6123. of the Revised Code do not constitute a debt, or a pledge of the faith and credit, of the state or of any political subdivision thereof, and the holders or owners thereof have no right to have taxes levied by the general assembly or taxing authority of any political subdivision of the state for the payment of the principal thereof or interest thereon, but such bonds and notes are payable solely from the revenues and funds pledged for their payment as authorized by such chapter, unless the notes are issued in anticipation of the issuance of bonds or the bonds are refunded by refunding bonds issued under such chapter, which bonds or refunding bonds shall be payable solely from revenues and funds pledged for their payment as authorized by such chapter. All such bonds and notes shall contain on the face thereof a statement to the effect that the bonds or notes, as to both principal and interest, are not debts of the state or any political subdivision thereof, but are payable solely from revenues and funds pledged for their payment.
All expenses incurred in carrying out Chapter 6123. of the Revised Code are payable solely from funds provided under such chapter. Such chapter does not authorize the Ohio water development authority to incur indebtedness or liability on behalf of or payable by the state or any political subdivision thereof.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6123 | Solid Waste and Energy Resource Development Projects › Section 6123.11 | Ohio Water Development Authority Moneys, Funds, Properties, and Assets Held in Trust.

Effective:
September 28, 1979
Latest Legislation:
House Bill 144 - 113th General Assembly
All moneys, funds, properties, and assets acquired by the Ohio water development authority under Chapter 6123. of the Revised Code, whether as proceeds from the sale of development revenue bonds or as revenues, or otherwise, shall be held by it in trust for the purposes of carrying out its powers and duties, shall be used and reused as provided in such chapter, and shall at no time be part of other public funds. Such funds, except as otherwise provided in any resolution authorizing its development revenue bonds or in any trust agreement securing the same, or except when invested pursuant to section 6123.12 of the Revised Code, shall be kept in depositories selected by the authority in the manner provided in Chapter 135. of the Revised Code, and the deposits shall be secured as provided in Chapter 135. of the Revised Code. The resolution authorizing the issuance of such bonds of any issue or the trust agreement securing such bonds shall provide that any officer to whom, or any bank or trust company to which, such moneys are paid shall act as trustee of such moneys and hold and apply them for the purposes hereof, subject to such conditions as such chapter and such resolutions or trust agreement provide.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6123 | Solid Waste and Energy Resource Development Projects › Section 6123.12 | Investment of Moneys in Excess of Current Needs.

Effective:
September 28, 1979
Latest Legislation:
House Bill 144 - 113th General Assembly
Moneys of the Ohio water development authority, except as otherwise provided in any resolution authorizing the issuance of its development or water development revenue bonds or in any trust agreement securing the same, in excess of current needs, may be invested in notes, bonds, or other obligations of the United States, or of any agency or instrumentality thereof, or in obligations of this state or any political subdivision thereof. Income from all such investments of moneys in any fund shall be credited to such funds as the authority determines, subject to the provisions of any such resolution or trust agreement, and such investments may be sold at such times as the authority determines.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6123 | Solid Waste and Energy Resource Development Projects › Section 6123.14 | Maintenance and Repair of Development Projects.

Effective:
September 28, 1994
Latest Legislation:
Senate Bill 221 - 120th General Assembly
Each development project other than one consisting of a voluntary action, when constructed and placed in operation, shall be maintained and kept in good condition and repair by the Ohio water development authority or the authority shall cause it to be maintained and kept in good condition and repair. Each such project shall be operated by such operating employees as the authority employs or pursuant to a contract or lease with a person or governmental agency. All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition, as nearly as practicable, or adequate compensation shall be paid therefor from funds provided under this chapter.
On or before the first day of April each year, the authority shall make a report of its activities for the preceding calendar year to the governor and the general assembly. Each such report shall set forth a complete operating and financial statement covering the authority's operations during the year. The authority shall cause an audit of its books and accounts to be made at least once each year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or of operations of its projects.
Nothing in this section diminishes the exemption from liability afforded the authority under section 3746.24 of the Revised Code. Regardless of the nature or extent of any assistance provided by the authority to any person or governmental agency that undertakes a voluntary action, the authority is not liable to any such person or governmental agency that fails to obtain a no further action letter under section 3746.11 of the Revised Code, fails to obtain a covenant not to sue under section 3746.12 of the Revised Code, or fails to recover any costs of conducting the voluntary action under section 3746.23 of the Revised Code. No such failure in any way alters or diminishes any obligation of the person or governmental agency to the authority assumed or incurred in connection with the person's or governmental agency's obtaining assistance from the authority.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6123 | Solid Waste and Energy Resource Development Projects › Section 6123.15 | Development Revenue Bonds Lawful Investments.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
All development revenue bonds issued under this chapter are lawful investments of banks, societies for savings, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions and taxing districts of this state, the commissioners of the sinking fund of the state, the administrator of workers' compensation, the state teachers retirement system, the public employees retirement system, the school employees retirement system, and the Ohio police and fire pension fund, and are acceptable as security for the deposit of public moneys.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6123 | Solid Waste and Energy Resource Development Projects › Section 6123.16 | No Taxes or Assessments Upon Development Project, or Property Acquired or Used by Ohio Water Development Authority.

Effective:
September 28, 1979
Latest Legislation:
House Bill 144 - 113th General Assembly
The exercise of the powers granted by Chapter 6123. of the Revised Code, will be for the benefit of the people of the state, for the improvement of their health, safety, convenience, and welfare, and for the enhancement of their residential, agricultural, recreational, economic, commercial, and industrial opportunities and is a public purpose. As the operation and maintenance of development projects will constitute the performance of essential governmental functions, the Ohio water development authority shall not be required to pay any taxes or assesments upon any development project, or upon any property acquired or used by the authority under Chapter 6123. of the Revised Code, or upon the income therefrom, nor shall the transfer to or from the Ohio water development authority of title or possession of any development project, part thereof, or item included or to be included in any such project, be subject to the taxes levied pursuant to Chapters 5739. and 5741. of the Revised Code, and the bonds and notes issued under this chapter, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6123 | Solid Waste and Energy Resource Development Projects › Section 6123.17 | Acquisition of Real Property Interest.

Effective:
September 28, 1979
Latest Legislation:
House Bill 144 - 113th General Assembly
The Ohio water development authority may acquire by purchase, whenever it determines such purchase expedient, any land, property, rights, rights-of-way franchises, easements, and other interests in lands which it finds to be necessary or convenient for the construction and operation of any development project, upon such terms and at such price as it considers reasonable and are agreed upon between the authority and the owner thereof, and take title thereto in the name of the state.
Any governmental agency, notwithstanding any contrary provision of law may lease, lend, grant, or convey to the authority, at its request, upon such terms as the proper authorities of such governmental agencies determine to be reasonable and fair and without the necessity for an advertisement, auction, order of court, or other action or formality, other than the regular and formal action of the governmental agency concerned, any real property or interests therein including improvements thereto or personal property which is necessary or convenient to effect the authorized purposes of the authority, including public roads and real or personal property already devoted to public use.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6123 | Solid Waste and Energy Resource Development Projects › Section 6123.20 | Public Meetings and Records.

Effective:
July 13, 1970
Latest Legislation:
Senate Bill 447 - 108th General Assembly
All meetings of the Ohio water development authority shall be public and the records of the authority shall be open to public inspection at all reasonable times, except as otherwise provided in this section. All final actions of the authority shall be journalized and such journal shall also be open to inspection of the public at all reasonable times. Any records or information relating to secret processes or secret methods of manufacture or production which may be obtained by the authority or other persons acting under Chapter 6123. of the Revised Code are confidential and shall not be disclosed.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6123 | Solid Waste and Energy Resource Development Projects › Section 6123.21 | Liberal Construction of Statutes.

Effective:
July 13, 1970
Latest Legislation:
Senate Bill 447 - 108th General Assembly
Sections 6123.01 to 6123.20 inclusive, of the Revised Code being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes thereof.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.02 | Authority of County Commissioners to Construct Ditch Improvements.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
When the board of county commissioners, at a regular or called session, upon the filing of a petition as provided in sections 6131.01 to 6131.64 of the Revised Code, finds that the granting of the petition and the construction of an improvement is necessary for disposal or removal of surplus water, for controlled drainage of any land, for irrigation, for storage of water to regulate stream flow or to prevent the overflow of any land in the county, or for water conservation, and further finds that the construction of the improvement will be conducive to the public welfare and that the cost of the proposed improvement will be less than the benefits conferred by its construction, the board of county commissioners may locate, construct, reconstruct, straighten, deepen, widen, alter, box, tile, fill, wall, dam, arch, change the course, location, or terminus of, straighten, deepen, remove obstructions from, or widen any ditch, drain, watercourse, floodway, river, creek, or run, or construct any levee, wall, embankment, jetty, dike, dam, sluice, revetment, reservoir, holding basin, control gate, breakwater, or other structure for control of water, or vacate any ditch or drain by proceedings as provided in sections 6131.01 to 6131.64 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.03 | Co-Ordinating System of Water Conservation and Flood Control.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
Boards of county commissioners in their respective counties, or in co-operation with any conservancy district which includes all or part of the lands of the county, or in co-operation with the proper authorities of the state or the proper authorities of the United States, may formulate, create, and construct a complete or co-ordinating system of water conservation and flood control, subject to the approval of the proper authority of the state, with full power to maintain and carry the same forward. Said boards, severally and jointly and in co-operation with the board of county commissioners of any other county, or with a conservancy district, or with the state, or with the United States, may provide their respective shares of necessary funds in accordance with law for the cost and expense of the formulation, creation, construction, and maintenance of such water conservation or flood control system, which costs and expense shall include the cost and expense of all preliminary surveys necessary to the construction and maintenance of such water conservation or flood control system.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.04 | Petition for Construction of Single County Drainage Improvement.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Any owner may file a petition for the construction of a drainage improvement with the clerk of the board of county commissioners of the county in which is located a part of the land proposed to benefit from the improvement. Prior to filing a petition, the petitioner shall consult with the county engineer of the county in which the petition will be filed to discuss the proposed drainage improvement and to determine the proper forms and procedures for filing the petition.
(B) The petition shall state all of the following:
(1) The nature of the work petitioned for, which may include locating, cleaning, removing obstructions from, constructing, reconstructing, straightening, deepening, widening, altering, boxing, tiling, filling, walling, or arching any ditch, drain, watercourse, floodway, creek, run, or river; changing the course, location, or terminus thereof; or constructing a levee, wall, embankment, jetty, dike, dam, sluice, revetment, reservoir, holding basin, control gate, breakwater, or other structure for control of water;
(2) The course and termini of the proposed improvement and the branches, spurs, or laterals, if any are petitioned for;
(3) That the construction of the improvement is necessary and will benefit the petitioner;
(4) That all costs of engineering, construction, and future maintenance will be assessed to the benefiting parcels of land, except as ordered under an appeal filed in accordance with section 6131.31 of the Revised Code;
(5) A list of the names and addresses, where known, of all the owners of the land that the petitioner or the county engineer claims will be benefited or damaged by the construction of the proposed improvement, as determined by the county engineer.
(C) One or more owners must sign the petition as the petitioners. If the petitioner is a public corporation or the state, its authorized representative must sign the petition.
(D) If the petitioner is the county, the petition must be filed with the clerk of the court of common pleas without the bond required under section 6131.06 of the Revised Code, and the clerk and the court shall do all things that sections 6131.01 to 6131.64 of the Revised Code provide that the county commissioners shall do. The court of common pleas may appoint a board of three disinterested owners in the county and shall designate one of the persons to be chairperson. The appointed board shall hear and act on the petition in accordance with this chapter. Either party may appeal the board's decision to the court of common pleas.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.05 | Petition Amendments.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Any benefiting owner may file an amendment to a petition for a drainage improvement that expands the length of the proposed improvement, provided that such amendment does not expand the area to be benefited by the proposed improvement. An owner shall file the amendment not more than twenty-one days after the date of the view. Such owner shall not propose an amendment that expands either the area or number of parcels to be benefited by the proposed improvement, but shall file a new petition regarding the proposal in accordance with section 6131.04 of the Revised Code.
(B) A benefiting owner shall file an amendment with the clerk of the board of county commissioners not more than twenty-one days after the view required by section 6131.07 of the Revised Code and shall include the information required by section 6131.04 of the Revised Code along with the amendment.
(C) If the petition was filed by the county under division (D) of section 6131.04 of the Revised Code, any proposed amendment to the petition shall be filed with the clerk of the court of common pleas or with the board appointed under that division. If the amendment is filed with the clerk of the court of common pleas, the court shall hear the amendment pursuant to the rules and laws relating to civil procedure.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.06 | Bond to Be Filed With Petition.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The petitioner shall file with the petition referred to in section 6131.04 of the Revised Code a bond in the sum of one thousand five hundred dollars, plus the sum of five dollars for each parcel of land in excess of two hundred parcels that are listed in the petition as lands that will benefit from the improvement.
(B) The bond shall be made payable to the county, to the credit of the general drainage improvement fund or a special fund created for the proposed improvement, and conditioned to pay all costs associated in preparing for the view and first hearing if the petition is not granted or if the petition is for any cause dismissed.
(C) The clerk of the board of county commissioners shall release the bond at the expiration of the thirty-day appeal period provided for in section 6131.25 of the Revised Code after an order to proceed with the project by the board at the first hearing or at the termination of the appeal.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.061 | Record Keeping.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The clerk of the board of county commissioners shall maintain a file for the proposed improvement containing a record of the petition, amendments, comments, notices, proceedings, resolutions, orders, and any other record regarding the proposed improvement that is filed with the board.
(B) The county engineer shall maintain a file for the proposed improvement that contains a record of the petition, amendments to the petition, all reports, estimates, surveys, maps, plans, drawings, schedules, and other documents prepared for the proposed improvement by the engineer or the engineer's designee, and any reports of the director of natural resources, director of transportation, and directors of any conservancy districts.
(C) After the final hearing of the board of county commissioners, or after the final judgment, order, or decree has been rendered upon any appeal, the clerk of the board of county commissioners shall file with, and may transfer to, the county engineer the file maintained pursuant to division (A) of this section. Upon receiving the file, the county engineer shall maintain the file as the permanent project file, together with an annual record of maintenance and repairs for the improvement.
(D) The county auditor shall maintain a record of the estimated and final assessments levied for the improvement, and the schedules of payments for compensation and damages.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.08 | Comments on Petition.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
Any owner who has not joined in a petition filed in accordance with section 6131.04 of the Revised Code may comment on the proposed improvement at any time before a final order on the petition is made by the board of county commissioners. Comments may be made in person at the public hearings on the petition or by filing written comments with the clerk of the board of county commissioners.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.09 | Preliminary Report by County Engineer.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Upon receiving the notice required under division (A) of section 6131.07 of the Revised Code, the county engineer shall prepare a preliminary report on the proposed improvement, which shall include all of the following:
(1) A preliminary estimate of the cost of the proposed improvement;
(2) Comments on the feasibility of the project;
(3) A statement of the engineer's opinion as to whether benefits from the project are likely to exceed the estimated cost;
(4) A list of factors apparent to the engineer, both favorable and unfavorable to the proposed improvement.
(B) In addition to reporting on the improvement as petitioned, the engineer may submit alternate proposals to accomplish the intent of the petition.
(C) The county commissioners may require the county engineer to file any additional preliminary reports that in the opinion of the board will serve as a guide to the board and the petitioners in deciding whether to proceed with the proposed improvement.
(D) The costs incurred by the engineer in making preliminary reports may be paid from the bond of the petitioners if the petition is dismissed at the first hearing, and any amount in excess of the bond shall be paid from county funds. If the engineer's costs are not paid from the petitioners' bond, they shall be paid from county funds.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.10 | Viewing of Premises.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) On the date established for the view of a proposed improvement, the county engineer or its designated representative shall present an overview of the proposed improvement, using methods and means that the board of county commissioners determines will adequately inform those attending the view about the proposed improvement's location and the drainage issues intended to be addressed by the proposed improvement.
(B) Upon a request made by a commissioner or an owner in the area to be benefited by the proposed improvement, the board of county commissioners shall recess the view and reconvene it at a site along the proposed improvement for the purpose of gaining additional information about the drainage issues intended to be addressed by the proposed improvement.
(C) If the area to be viewed is extensive, the board of commissioners may conduct the view on more than one day and may adjourn from day to day, or a longer period, until the view is completed.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.101 | First Hearing on Petition for Proposed Drainage Improvement.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) At the first hearing on a petition for a proposed improvement, the board of county commissioners shall do both of the following:
(1) Hear the preliminary report of the county engineer required under section 6131.09 of the Revised Code;
(2) Hear any evidence offered by any owner for or against the granting of the proposed improvement or for or against the granting of any laterals, branches, spurs, or change of route, course, termini, or manner of construction described in the petition or in any amendment.
(B) If necessary, the board of county commissioners may recess and continue the hearing on subsequent days as may be reasonable to consider additional information about the proposed improvement or so that all interested owners may have an opportunity to comment on the proposed improvement.
(C) At the conclusion of the first hearing, the board shall vote to determine whether to proceed with the project survey and design or to dismiss the petition, taking into consideration the petition, the preliminary report, and comments on the proposed improvement.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.11 | Dismissal of Petition - Appeal.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) If the board of county commissioners finds at the conclusion of the first hearing for a proposed improvement that a proposed improvement is not necessary, will not be conducive to the public welfare, or that the estimated cost of the proposed improvement will exceed the benefits to be derived if it is constructed, the board shall dismiss the petition for the proposed improvement and enter its findings upon its journal.
(B) Any owner who is affected by the order of dismissal may appeal to the court of common pleas of the county in which the petition was filed, as provided in sections 6131.12 to 6131.64 of the Revised Code. If no appeal is filed within thirty days pursuant to section 6131.25 of the Revised Code, the bond shall cover all the costs incurred in the proceedings. Any remaining funds from the bond shall be returned to the petitioner.
(C) An order issued by the board under this section is effective on the day of the hearing at which the board issued it.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.13 | Consolidation of Petitions.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
The board of county commissioners, on application of owners interested or at its own discretion, may consolidate and treat as a petition for one improvement petitions pending at the same time for two or more separate improvements which connect with each other, or which serve common territory, or which can readily be combined into one system. In case of such consolidation, the board shall enter its action upon its journal, and if necessary, it shall order the county engineer to re-estimate and make such further reports and schedules as are necessary upon its order consolidating the improvements. If two or more improvements are consolidated, the proceedings after consolidation shall be the same as if all the matters were petitioned for in one petition.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.17 | Exceptions to Engineer's Schedules of Assessments.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) An owner may file an exception to the county engineer's schedules of assessments or file a claim for damages or compensation with the clerk of the board of county commissioners not less than five days before the date of the final hearing in the proceedings to construct the improvement.
(B) An owner shall include with an exception or claim for compensation or damage the nature of the exception or claim, the amount claimed, if any, and the identity of the property claimed to be taken or damaged.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.19 | Hearing on Compensation or Damages.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) At the final hearing, or at such time the final hearing is adjourned to hear claims for compensation or damages, the board of county commissioners shall hear any competent evidence offered by any affected owner upon the county engineer's estimate of damages and upon any claim filed for compensation or damages.
(B) Upon consideration of all the evidence, the county engineer's schedule of estimated damages, and a view of the affected property, if the board desires a view, the board shall determine the amount of damages for each claim filed by an owner, and shall also determine the value of any land or any other property to be taken for the proposed improvement.
(C) If the board of county commissioners awards additional compensation to any owner, the board shall order the county engineer to prepare new assessments for the proposed improvement and the clerk of the board shall notify all owners of the new assessments pursuant to section 6131.16 of the Revised Code.
(D) An owner may appeal an order of the board of county commissioners concerning a claim for compensation or damages as provided in this chapter.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.20 | Final Hearing.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
At the final hearing on a proposed improvement, the board of county commissioners shall hear any application that is filed for a change of the route or course of the proposed improvement, or of either terminus thereof, from that shown in the report of the county engineer. The board may hear any application to make any change in the nature, kind, or extent of the work proposed to be done, as shown in the report of the engineer. If the board finds that such changes will better accomplish the purpose and object of the proposed improvement, it may make such change. If a change is made in the plan, or if the damages and compensation allowed by the board exceeds the estimate of damages filed by the engineer, thereby increasing the cost of the improvement, the final hearing shall be continued until the engineer makes proper schedules, which will include such changes. Before proceeding to make such change, all owners who will be affected thereby shall be notified of such proposed change, in the manner provided in sections 6131.01 to 6131.64, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.21 | Factors to Be Considered by Commissioners at Final Hearing.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) At the final hearing on a proposed improvement, after hearing all the evidence offered in the proceedings and after receiving and considering all the schedules, plans, and reports filed by the county engineer, the board of county commissioners shall review its former order to proceed with project survey and design for the proposed improvement and shall either affirm its former order and proceed to confirm the assessments and order the letting of the contract or shall set aside its former order and dismiss the petition.
(B) In determining whether or not the improvement should be granted, the board shall consider the following factors:
(1) The cost of location and construction;
(2) The compensation for land or other property necessary to be taken;
(3) The effect on land along or in the vicinity of the route of the improvement;
(4) The effect on land below the lower terminus of the improvement that may be caused by constructing the improvement;
(5) The sufficiency or insufficiency of the outlet;
(6) The benefits to the public welfare;
(7) The benefits to land, public corporations, and the state needing the improvement;
(8) Any other proper matter that will assist the board in finding for or against the improvement.
(C) The board shall set aside the former order and dismiss the petition if the board finds any of the following:
(1) That the cost of the improvement will be equal to or greater than the benefits that will be derived from the improvement if constructed;
(2) That the improvement is not necessary;
(3) That the improvement will not be conducive to the public welfare.
(D) If the board dismisses the petition for a proposed improvement at the final hearing, all costs for the proceedings, including the costs incurred by the engineer in making surveys, plans, reports, and schedules, may be distributed to the benefiting landowners in the same ratio as determined by the engineer in the final estimated assessments presented at the final hearing.
If the costs are not distributed to the benefiting landowners, the costs must be paid from county funds.
(E) The petitioner, or any owner in favor of the improvement, may appeal from the order of dismissal, as provided in section 6131.25 of the Revised Code.
(F) An order issued by the board under this section is effective on the day of the hearing at which the board issued it.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.22 | Approval and Confirmation of Assessments.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) At the final hearing on a proposed improvement, if the petition is not dismissed, the board of county commissioners shall hear any evidence offered for or against the assessment proposed to be levied against any owner or on any land as shown by the schedule of assessments filed by the county engineer and shall hear any competent evidence on the question of benefits.
(B)(1) The board, from the evidence offered and from an actual view of the premises, shall amend and correct the assessments, and the assessments so amended or corrected shall be approved by the board.
(2) An assessment for benefits to the general public because the improvement is conducive to the public welfare shall be paid by the public and shall be assessed against the county payable from the general fund.
(3) An assessment found to benefit state roads or highways shall be assessed against the state payable from motor vehicle revenues.
(4) An assessment found to benefit county roads or highways shall be assessed against the county payable from motor vehicle revenues.
(5) An assessment found to benefit any political subdivision of the state shall be assessed against the political subdivision and shall be paid out of the general funds or motor vehicle revenues of the political subdivision, except as otherwise provided by law.
(C) Upon approving the assessments, the board shall do all of the following:
(1) Order the engineer to receive bids for the construction of the proposed improvement, and fix the date, time, and place for the receiving of bids, which shall be not less than thirty days after the date of the order;
(2) Determine when the assessments must be paid;
(3) Determine whether bonds or notes must be issued in anticipation of and payable out of the installments of assessments.
(D) The board shall enter the orders approving the assessments, the order requiring the engineer to receive bids, and any other orders made at the final hearing in its journal. The clerk of the board of county commissioners shall immediately transmit to the county auditor the schedules listing all assessments as approved by the board.
(E) Any owner opposed to the granting of the petition, or any owner opposed to further proceedings in the improvement, or any owner who claims that the assessment levied against the owner is excessive or is not in proportion to benefits, may appeal from any order made pursuant to this section, as provided in section 6131.25 of the Revised Code.
(F) An order issued by the board under this section is effective on the day of the hearing at which the board issued it.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.23 | Semiannual Installments for Payment of Assessments.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The assessments estimated in accordance with section 6131.14 of the Revised Code shall be payable in not less than two semiannual installments. At the time of the final hearing, in the order approving the levying of the assessments, the board of county commissioners shall determine how long a period of time, in semiannual installments, as taxes are paid, shall be given the owners of land benefited to pay the assessments that are made for an improvement and whether or not bonds or notes shall be issued and sold in anticipation of such payments. If bonds or notes are to be issued, the interest shall be added to the assessments.
(B) If the estimated cost of the improvement does not exceed five hundred dollars, not more than two semiannual installments, as taxes are paid, shall be given to owners of lands benefited to pay the assessments that are made for the improvement. If the estimated cost of the improvement exceeds five hundred dollars, the board may determine the number of installments in which the assessments are to be paid. If any such assessment is twenty-five dollars or less, or whenever the unpaid balance of any such assessment is twenty-five dollars or less, the same shall be paid in full, and not in installments, at the time the first or next installment would otherwise become due.
(C) When assessments are payable in installments and county general funds are used to pay for the improvement, the assessment shall not exceed thirty semiannual installments and shall be payable upon completion of the contract.
(D) When assessments are made payable in installments and bonds or notes have been sold to pay for the improvement, interest shall be added to the installments of assessments at the same rate as is drawn by the bonds or notes issued to pay for the improvements. Any owner may pay the estimated assessments on the owner's land in cash within thirty days after the final hearing without paying any interest thereon. If the legislative authority of a political subdivision chooses to pay the assessments on all parcels within the subdivision, both public and private, in one installment, it shall pass a resolution so stating and shall send the resolution, or a copy thereof, to the board of county commissioners before making the payment. The legislative authority shall pay all subsequent maintenance assessments levied under section 6137.03 of the Revised Code if it chooses to pay the construction assessments on all parcels within the subdivision.
(E) Bonds may be sold for any repayment period that the board of county commissioners may determine proper, not to exceed thirty semiannual installments.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.24 | Preliminary Steps for Receiving Bids for Drainage Improvements.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The board of county commissioners shall fix a date, time, and place at the final hearing for the county engineer to receive bids. The county engineer shall prepare the necessary bid documents and legal advertisements as provided in sections 307.87 and 307.88 of the Revised Code.
(B) If an appeal has been taken to the court of common pleas, as provided in section 6131.25 of the Revised Code, the bids may be received and tabulated, but the bid guaranties with the bids shall immediately be returned to the bidders, and no further steps shall be taken on the bids.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.25 | Appeals.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Any affected owner may appeal to the court of common pleas within thirty days of the date that any order was issued by the board of county commissioners under this chapter, and may appeal any one or more of the following questions:
(1) Is the improvement necessary?
(2) Will the improvement be conducive to the public welfare?
(3) Is the cost of the improvement greater than the benefits conferred?
(4) Is the route, termini, or mode of construction the best to accomplish the purpose of the improvement?
(5) Are the assessments levied according to benefits?
(6) Is the award for compensation or damages just?
(B) The appeal may be taken from any order affecting any part of the improvement as well as from any order affecting the entire improvement.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.27 | Transcript of Order for Drainage Improvement.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
If an appeal is filed pursuant to section 6131.25 of the Revised Code, the clerk of the board of county commissioners shall promptly prepare a transcript of the orders made by the board of county commissioners, and shall file such transcript with the clerk of the court of common pleas, together with the permanent files of records of the proceedings maintained by the board of county commissioners and county engineer as required under section 6131.061 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.28 | Joinder and Separation of Appeals.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
Several owners may appeal from the orders in the same improvement. If several owners appeal, only one transcript need be made by the clerk of the board of county commissioners. All the appeals shall be filed in one action in the court of common pleas, which court, on any appeal, may separate for hearing or trial the issues appealed to said court, and render its order, judgment, or decree upon the issues as the same are determined. The case on appeal shall be advanced, or tried as soon as the court can hear it.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.30 | Appeal Procedure in Common Pleas Court.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The court of common pleas, on appeal, shall hear the matters appealed de novo. The court, exercising equitable jurisdiction, shall bring the entire proceedings before it in order to determine all the issues raised in the proceedings and enter a final judgment, order, or decree for or against the improvement petitioned for and for or against the assessments to be levied and the compensation and damages to be paid.
(B) If the court orders the county engineer to make a survey and file the engineer's reports, plans, and schedules, the court also shall enter an order for transfer from the general revenue funds of the county to the general drainage improvement fund a sum of not more than twenty-five per cent of the engineer's preliminary estimate.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.32 | Right of Trial by Jury.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
On appeal from an order made by the board of county commissioners allowing or refusing to allow compensation or damages, the owners interested shall have the right of trial by jury. The jury may view the premises, as in other civil cases.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.33 | Jury Verdict Form.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
If there is more than one appellant in a trial by jury authorized under section 6131.32 of the Revised Code with separate claims on the question of compensation or damages or if there are issues as to different properties, the court may submit all the several claims and issues to the same jury, with appropriate verdicts as to each claim. The court also may direct separate trials for the separate claims and issues. The court shall instruct the jury that it shall not consider or deduct the value of any benefits that such land will receive from the construction of such improvement.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.34 | Costs and Fees.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
If the appellants, on claims for compensation or damages, do not recover a judgment for more than the amount of compensation or damages awarded by the board of county commissioners, the costs on the hearing as to compensation or damages on appeal shall be taxed against the appellants. If the amount recovered is greater than the amount awarded by the board, the costs shall be taxed against the county.
The prosecuting attorney shall represent the county in all appeals on questions of compensation or damages. On appeals of other matters which are tried to the court sitting as a court of equity, the court shall adjudge the costs as it deems just and equitable except as otherwise provided in section 6131.01 to 6131.64, inclusive, of the Revised Code.