reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5543 | Duties of County Engineer › Section 5543.11 | Grade and Width of Sidewalks - Permission for Construction.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
The county engineer may establish the grade and width of sidewalks constructed along or connecting the public highways, outside any municipal corporation, and designate the character of construction, and have general supervision of such sidewalks. This section and section 5543.10 of the Revised Code relating to the construction of sidewalks, shall not prevent the director of transportation, county engineer, or board of township trustees from granting permission to the abutting property owners to construct sidewalks in front of their properties and along the public highway, but such sidewalks shall be constructed subject to the approval of the proper authorities.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5543 | Duties of County Engineer › Section 5543.12 | County Engineer Right of Entry.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The county engineer or anyone acting under his authority, when authorized by the board of county commissioners or board of township trustees, may enter immediately:
(A) Upon any lands adjacent to any of the highways in the county for the purpose of opening an existing ditch or drain, or for digging a new ditch or drain for the free passage of water for the drainage of highways;
(B) Upon any lands adjoining rivers, streams, creeks, lakes, reservoirs, or ponds, to drive piles, throw up embankments, and perform such other labor as is necessary to keep such rivers, streams, creeks, lakes, reservoirs, or ponds within their proper channels or basins, and to prevent their encroachment upon the highways, bridges, or culverts;
(C) Upon the lands adjoining a highway, which, during the spring freshets or at a time of high water, are subject to overflow from such rivers, streams, or creeks, to remove or change the position of a fence or other obstruction preventing the free flow of water under or through a highway, bridge, or culvert, whenever the engineer deems it necessary for the protection of such highway, bridge, or culvert;
(D) Upon any lands adjacent to highways, to remove any fence or other obstruction which causes snow to drift upon such highway and erect snow fences or other devices upon such lands to prevent the drifting of snow in or upon the highway.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5543 | Duties of County Engineer › Section 5543.13 | Agreement as to Compensation and Damages.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
When lands are entered upon under section 5543.12 of the Revised Code, the county engineer shall agree with the owners of such lands, subject to the approval of the board of county commissioners or board of township trustees, as to the amount of compensation and damages already sustained or to be sustained by such owner, and the amount of such compensation and damages, so determined, shall be paid by the county or townships.
If the engineer is unable to agree with such owner upon the amount of compensation and damages already sustained or to be sustained, such amount shall be determined in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5543 | Duties of County Engineer › Section 5543.14 | County Engineer to Trim or Remove Vegetation Along Roads.

Effective:
March 18, 1999
Latest Legislation:
House Bill 653 - 122nd General Assembly
The county engineer may trim or remove any and all trees, shrubs, and other vegetation growing in or encroaching onto the right-of-way of the county roads of the engineer's county, and the board of township trustees may trim or remove any and all trees, shrubs, and other vegetation growing in or encroaching onto the right-of-way of the township roads of its township, as is necessary in the engineer's or board's judgment to facilitate the right of the public to improvement and maintenance of, and uninterrupted travel on, county and township roads. The engineer or board is not required to compensate the abutting landowner for trimming or removing such trees, shrubs, and other vegetation as is necessary to facilitate these rights. The department of agriculture or other proper department may, with the consent of the proper authorities, take charge of the care of such trees to facilitate these rights. Such department may, with the consent of the proper authorities of the township, county, or state, plant trees along the public highway and may use any funds available for the development of forestry in the state to pay the expense of the planting and care of such trees. The ownership of all trees, so planted, shall remain in the public.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5543 | Duties of County Engineer › Section 5543.16 | Construction and Repair of Approaches and Driveways - Cost.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
The owners of land shall construct and keep in repair all approaches or driveways from the public roads, under the direction of the county engineer. If in the construction, improvement, maintenance, and repair of any road, the approach or driveway of an abutting property owner is destroyed, the authorities constructing, improving, maintaining, or repairing such road shall compensate the property owner for the destruction of his approach or driveway, or in lieu thereof authorize the engineer to reconstruct it at public expense.
In the construction of a road improvement the director of transportation or engineer may, in all cases where the approaches of the owners of abutting real estate are unsuitable to a projected improvement or so constructed as not to afford proper drainage after its completion, include in the plans for such improvement plans for proper approaches. The entire cost of constructing such approaches may be assessed against the lands along which they are constructed.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5543 | Duties of County Engineer › Section 5543.18 | Erection of Signposts.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
When authorized by the board of county commissioners the county engineer shall erect and maintain at intersecting roads on intercounty and state highways, suitable signposts, the design of which shall be approved by the director of transportation, showing the names and numbers of the roads and the direction and distance to nearby municipal corporations.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5543 | Duties of County Engineer › Section 5543.20 | Responsibility for Bridge Inspection.

Effective:
June 30, 2021
Latest Legislation:
House Bill 74 - 134th General Assembly
The county engineer shall inspect all bridges or portions thereof on the county highway system inside and outside of municipalities, bridges on township roads, and other bridges or portions of bridges for which responsibility for inspection is by law or agreement assigned to the county. If the responsibility for inspection of a bridge is not fixed by law or agreement and the county performs the largest share of maintenance on a bridge, inspection shall be made by the engineer.
This section does not prohibit a board of township trustees from inspecting bridges within a township.
Such inspection shall be made on a schedule established by the director of transportation, but at least once every twenty-four months, or more frequently if required by the board of county commissioners, in accordance with the manual of bridge inspection described in section 5501.47 of the Revised Code.
Counties may contract for inspection services.
The engineer shall maintain an updated inventory of all bridges in the county, except those on the state highway system and those within a municipality for which the engineer has no duty to inspect, and indicate on the inventory record who is responsible for inspection and for maintenance, and the authority for such responsibilities.
The engineer shall report the condition of all bridges to the board of county commissioners not later than sixty days after the inspection or the engineer shall report more frequently if the board so requires. Any bridge for which the county has inspection or maintenance responsibility which, at any time, is found to be in a condition that is a potential danger to life or property shall be identified in the reports, and if the engineer determines that the condition of any bridge represents an immediate danger the engineer shall immediately report the condition to the board. With respect to those bridges where there exists joint maintenance responsibility, the engineer shall furnish a copy of the inspection report to each party responsible for a share of maintenance. The engineer shall furnish each board of township trustees with a report of the condition of bridges on the township road system of such township and furnish the legislative authority of each municipality in the county with a report of the condition of bridges in such municipality for which the county has responsibility for inspection.
"Maintenance" as used in this division means actual performance of maintenance work.
Last updated April 12, 2021 at 10:16 AM
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5543 | Duties of County Engineer › Section 5543.21 | Public Trail Intersection Markers.

Effective:
October 20, 1972
Latest Legislation:
Senate Bill 249 - 109th General Assembly
The county engineer shall install and maintain suitable, uniform markers designating intersections with and accesses to state recreational trails, wherever any trail established pursuant to Chapter 1519. of the Revised Code intersects with a county or township road, or along any county or township road that such a trail follows. The county engineer shall similarly install and maintain suitable, uniform markers designating each public recreational trail preserved by the board of county commissioners under section 5553.044 of the Revised Code, wherever such a trial intersects with a county or township road. The markers shall include the words "public trail" and "motorized vehicles prohibited." The costs of such installation and maintenance may be paid from any county road improvement or maintenance and repair funds.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5543 | Duties of County Engineer › Section 5543.22 | Design-Build Contracts.

Effective:
July 1, 2015
Latest Legislation:
House Bill 53 - 131st General Assembly
Notwithstanding sections 153.65 to 153.71 of the Revised Code, a county engineer may combine the design and construction elements of a bridge, highway, or safety project into a single contract, but only if the cost of the project as bid does not exceed five million dollars.
When required to use competitive bidding, the county engineer shall award a design-build contract in accordance with sections 307.86 to 307.92 of the Revised Code. In lieu of the requirement for plans, the county engineer shall prepare and distribute a scope of work document upon which bidders shall base their bids.
A county engineer may request the director of transportation to review and comment on the scope of work document or the construction plans for conformance with state and federal requirements. If so requested, the director shall review and comment on the document or plans.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5545 | Highway Improvement Commissions › Section 5545.01 | Commission When Fund Contributed to Assist in Highway Improvement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the board of county commissioners of any county has determined to improve one or more highways within such county, and any person, firm, partnership, corporation, or association desires to contribute a fund for the purpose of assisting in the improvement of such highway, the fund to be not less than ten per cent of the total cost of such improvement, the person, firm, partnership, corporation, or association may apply to a judge of the court of common pleas of the county, who may appoint four suitable and competent freeholders of the county who shall, with the board, constitute a commission for the purpose of the improvement of such road. Such commission shall serve until the completion of the road.
Such commissioners shall receive a reasonable compensation for the time actually employed, to be fixed by such court, and, on its approval, paid from the fund providing for such improvement. Their compensation, in the aggregate, shall not exceed one per cent of the amount received by the county from taxes raised, or for the sale of bonds for the purpose of making such improvement.
Before entering upon the discharge of their duties, each such commissioner shall take an oath of office and give bond for the faithful and honest discharge of his duties, in such amount as required by the court, with sureties approved by it. Such bond shall be delivered to the county treasurer and kept in his office.
The necessary expenses for stationery, postage, correspondence, and other incidental expenses required in the discharge of the duties of the commission, shall be paid from the county treasury on the order of the board and the warrant of the county auditor.
In case of the death, resignation, or removal of any member of the commission so appointed, the vacancy shall be filled by appointment by the judge of the court of common pleas, as provided in this section.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5545 | Highway Improvement Commissions › Section 5545.02 | Surveyor - Estimate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The commission provided for in section 5545.01 of the Revised Code shall employ a competent surveyor who shall go upon the line of the road proposed to be improved and make such surveys as are necessary, and shall also make an estimate of the cost and expense of such improvement and transmit such estimate to the commission, together with a copy of the plat, profile, cross section, plans, and specifications.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5545 | Highway Improvement Commissions › Section 5545.03 | Awarding Contracts.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After adopting plans, specifications, and estimates for a proposed road improvement the commission provided for in section 5545.01 of the Revised Code shall invite bids for construction and award the contracts therefor. Until the construction and improvement is completed and accepted by it, the commission may determine all questions connected therewith and shall be governed by the laws relating to the construction and improvement of public highways, with the same power to appropriate land and road material, establish grades of roads, and other rights, given to boards of county commissioners, relating to the repair and improvement of public highways.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5545 | Highway Improvement Commissions › Section 5545.04 | Employees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The commission provided for in section 5545.01 of the Revised Code may employ engineers, superintendents, and other necessary employees during construction and improvement and fix their compensation and bond.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5545 | Highway Improvement Commissions › Section 5545.05 | Plans and Specifications - Where Filed - Alterations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When approved by the commission provided for in section 5545.01 of the Revised Code, plans, drawings, profiles, bills of material, specifications of work, and estimates of cost thereof, shall be filed by the county auditor in his office, and shall not be altered, unless such alteration is first drawn, specified, and estimated as required for the original plans and approved by the commission. No such change shall be made until the price to be paid therefor has been agreed upon, in writing, between the commission and the contractor.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5545 | Highway Improvement Commissions › Section 5545.06 | Adoption and Recording of Resolutions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Resolutions for the adoption or alteration of plans or specifications, awards of contracts, hiring of engineers, superintendents, or other employees and the fixing of their compensation, the approval of bonds, and the allowance of estimates shall be in writing and require for their adoption the votes of five members of the commission provided for in section 5545.01 of the Revised Code taken by yeas and nays and recorded on the journal of the board of county commissioners.
When signed by five members of the commission, the county auditor shall draw his warrant on the county treasurer for the payment of all bills and estimates of such commission.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5545 | Highway Improvement Commissions › Section 5545.07 | Record of Proceedings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Full and accurate records of all proceedings of the commission provided for in section 5545.01 of the Revised Code shall be kept by the county auditor upon the journal of the board of county commissioners. He shall carefully preserve in his office all plans, drawings, profiles, bills of materials, specifications of work, and estimates of costs, in detail and in the aggregate, pertaining to such improvement or construction.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5545 | Highway Improvement Commissions › Section 5545.08 | When Improvement May Be Made Without Petition or Competitive Bidding.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever, in any county in the state, there is a bona fide, voluntary association, incorporated or unincorporated, not for profit, of not less than one thousand citizens of any county, one of the purposes of which is the improvement, maintenance, and repair of the public highways of such county, the commission, as provided for in section 5545.01 of the Revised Code, having the right to expend money in grading, draining, curbing, and improving county roads and state highways by the use of gravel, macadam, stone, brick, slag, or other material, or for improving, maintaining, and repairing such highways from the public funds under its charge and control, applicable for the construction, maintenance, or repair of public highways, may, without the necessity of petition being presented by property owners or of advertising for competitive bids, make contracts with the association, or its proper representatives, to do such work within and for the betterment generally of the highways of the county, and make payments therefor out of any road or bridge funds, in the treasury, or levied for the purpose of constructing, maintaining, and improving the public highways in such county, under the control of the commission or board of county commissioners.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5547 | County Highways - Use; Obstruction › Section 5547.01 | Undermining or Crossing Public Roads.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any person, partnership, or corporation owning land or an interest therein in fee or otherwise, containing coal, clay, or stone, and over any portion of which passes a state, county, or township road or public highway, with the consent of the board of county commissioners if state or county roads, or with the consent of the board of township trustees if township roads, may excavate, mine, and quarry through or under such road.
Before the work is commenced such person, partnership, or corporation shall execute and deliver to the board of county commissioners a bond, with good and sufficient surety, in amount sufficient to cover all damages that may accrue to be approved by the board of county commissioners, conditioned, that while crossing over, mining, or quarrying under such road, a safe and unobstructed passageway shall be kept open by the individual, partnership, or corporation for public use, and as soon as practicable such road shall be fully restored to its original safe and passable condition.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5547 | County Highways - Use; Obstruction › Section 5547.02 | Owner of Land May Lay Pipe Line for Water Within Line of Road.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
A person owning land abutting a public road, not within a municipal corporation, when approved by the director of transportation if upon a state highway, board of county commissioners if upon a county road, or the board of township trustees if upon a township road, may lay a pipe line, within the line of the road, for the purpose of conveying water for public and other purposes. The laying of such pipe line shall in no way interfere with public travel or damage such road, and shall be done upon such conditions as the director, board of county commissioners, or board of township trustees prescribes.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5547 | County Highways - Use; Obstruction › Section 5547.03 | Removal of Structures Constituting Obstructions or Interference.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All persons, partnerships, and corporations using or occupying any part of a highway, bridge, or culvert with telegraph or telephone lines, steam, electrical, or industrial railways, oil, gas, water, or other pipes, mains, conduits, or any object or structure, other than by virtue of a franchise legally granted, shall remove from the bounds of such highway, bridge, or culvert, their poles and wires connected therewith, or any and all tracks, switches, spurs, or oil, gas, or water pipes, mains, conduits, or other objects or structures when, in the opinion of the board of county commissioners, they constitute obstructions in any highway, other than the state highway system; or the bridges or culverts thereon, or interfere or may interfere with the proposed improvement of such highways, bridges, or culverts or the use thereof by the traveling public. By obtaining the consent and approval of the board, such persons, partnerships, and corporations may relocate their properties within the bounds of such highways, bridges, or culverts in such manner as the board prescribes. The giving of such consent and approval by the board does not grant any franchise rights.
Persons, partnerships, or corporations occupying any part of a highway, bridge, or culvert, under and by virtue of a franchise legally granted, shall relocate their properties within the bounds of such highway, bridges, or culverts when in the opinion of the county engineer, they constitute obstructions or interfere with the construction, improvement, maintenance, or repair of such highways, bridges, or culverts, or the use thereof by the traveling public.
If, in the opinion of the engineer, such persons, partnerships, or companies have obstructed any such highway, bridges, or culverts, or if any of their properties are, in his opinion, so located that they do or may interfere with the proposed improvement, maintenance, or repair the board shall notify such person, partnership, or corporation directing the removal or relocation of the obstruction or property, and, if they do not within five days proceed to so remove or relocate and complete the removal or relocation within a reasonable time, the board may do so by employing the necessary labor. The expense incurred shall be paid in the first instance out of any moneys available for highway purposes, and not encumbered for any other purpose, and the amount shall be certified to the proper officials to be placed on the tax duplicate against the property of such person, partnership, or corporation, to be collected as other taxes and in one payment, and the proper fund shall be reimbursed out of the money so collected, or the account thereof may be collected from such person, partnership, or corporation by civil action by the state on the relation of the board.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5547 | County Highways - Use; Obstruction › Section 5547.04 | Removal of Obstructions by Landowners - Consent and Approval - Signs and Advertising.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The owner or occupant of lands situated along the highways shall remove all obstructions within the bounds of the highways, which have been placed there by them or their agents, or with their consent.
By first obtaining the consent and approval of the board of county commissioners, obstructions erected prior to July 16, 1925 in highways other than roads and highways on the state highway system or bridges or culverts thereon, may be permitted to remain, upon such conditions as the officials may impose, provided such obstructions do not interfere with traffic or with the construction or repair of such highways.
No person, partnership, or corporation shall erect, within the bounds of any highway or on the bridges or culverts thereon, any obstruction without first obtaining the approval of the board in case of highways other than roads and highways on the state highway system and the bridges and culverts thereon.
All advertising or other signs and posters erected, displayed, or maintained on, along, or near any public highway, and in such a location as to obstruct, at curves or intersecting roads, the view of drivers using such highway, are obstructions, but this section has no application to crossing signs erected in compliance with section 4955.33 of the Revised Code, at the crossings of highways and railroads.
The board shall enforce this section and, in so doing, may avail itself of section 5547.03 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5549 | Purchase of Machinery and Equipment › Section 5549.01 | Purchase of Machinery, Equipment, or Wearing Apparel - Care and Custody - Inventory - Storage - Agreement for Construction of Switch.

Effective:
September 29, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
The board of county commissioners may purchase such machinery, tools, or other equipment, including special wearing apparel, for the construction, improvement, maintenance, or repair of the highways, bridges, and culverts under its jurisdiction as it deems necessary. The board may also purchase, hire, or lease automobiles, motorcycles, or other conveyances and maintain them for the use of the county engineer and the engineer's assistants when on official business. All such machinery, tools, and equipment, including special wearing apparel, and conveyances belonging to the county shall be under the care and custody of the engineer, and shall be plainly and conspicuously marked as the property of the county.
The engineer annually shall file with the board written recommendations as to what machinery, tools, and equipment, including special wearing apparel, and conveyances should be purchased for the use of the county during the ensuing year and the probable cost thereof.
The board shall provide a suitable place for housing and storing machinery, tools, and equipment, including special wearing apparel, materials, and conveyances owned by the county, and may purchase the necessary material and construct, or enter into an agreement with a railroad company to construct, one switch or spur track from the right of way of such railroad company to land or storage house owned by the county. All expenditures authorized by this section shall be paid out of any available road funds of the county.
Purchases, hiring, or leasing made by the board pursuant to this section shall be governed by sections 307.86 to 307.92 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5549 | Purchase of Machinery and Equipment › Section 5549.021 | Issuing General Obligation Bonds.

Effective:
October 21, 2003
Latest Legislation:
House Bill 97 - 125th General Assembly
(A) A board of township trustees may purchase machinery, tools, trucks, and other equipment for use in constructing, maintaining, and repairing roads and, subject to Chapter 133. of the Revised Code, may issue for that purpose general obligation bonds of the township for which the full faith and credit of the township shall be pledged.
(B) A board of township trustees may enter into a lease for machinery, tools, trucks, and other equipment for use in constructing, maintaining, and repairing roads, including a lease with an option to purchase. Any lease with an option to purchase shall require the board to pay a cash down payment of at least three-twentieths of the total cost. If the board sells used equipment as part of a lease with option to purchase, the cash down payment may be reduced by the amount of the selling price of the used equipment. A lease with an option to purchase may be entered into only with the lowest responsive and responsible bidder of the equipment after advertising for bids in the manner provided in section 5575.01 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5549 | Purchase of Machinery and Equipment › Section 5549.03 | Purchase of Road Material.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners or the county engineer, when authorized by the board of county commissioners or the board of township trustees, may purchase from any public institution within the state any road material, machinery, tools, or equipment, quarried, mined, prepared, or manufactured by such institution.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5549 | Purchase of Machinery and Equipment › Section 5549.04 | Purchase of Materials - Appropriation of Land.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
The board of county commissioners or board of township trustees may contract for and purchase such material as is necessary for the purpose of constructing, improving, maintaining, or repairing any highways, bridges, or culverts within the county, and may also appropriate additional land necessary for cuts and fills together with a right of way to or from such land for the removal of material. If the board of county commissioners or board of township trustees, and the owner of such material or land, cannot agree on the price therefor, the board of county commissioners or board of township trustees may proceed in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5549 | Purchase of Machinery and Equipment › Section 5549.21 | Purchase of Machinery, Materials, and Supplies.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The board of township trustees may purchase or lease such machinery and tools as are necessary for use in constructing, reconstructing, maintaining, and repairing roads and culverts within the township, and shall provide suitable places for housing and storing machinery and tools owned by the township. It may purchase such material and employ such labor as is necessary for carrying into effect this section, or it may authorize the purchase or employment of such material and labor by one of its number, or by the township highway superintendent, at a price to be fixed by the board. All payments on account of machinery, tools, material, and labor shall be made from the township road fund. Except as otherwise provided in sections 505.08, 505.101, and 5513.01 of the Revised Code, all purchases of materials, machinery, and tools shall, if the amount involved exceeds the amount specified in section 9.17 of the Revised Code, be made from the lowest responsible bidder after advertisement, as provided in section 5575.01 of the Revised Code.
If, in compliance with section 505.10 of the Revised Code, the board wishes to sell machinery, equipment, or tools owned by the township to the person from whom it is to purchase other machinery, equipment, or tools, the board may offer, if the amount of the purchase alone involved does not exceed the amount specified in section 9.17 of the Revised Code, to sell such machinery, equipment, or tools and have the amount credited by the vendor against the purchase of the other machinery, equipment, or tools. If the purchase price of the other machinery, equipment, or tools alone exceeds the amount specified in section 9.17 of the Revised Code, the board may give notice to the competitive bidders of its willingness to accept offers for the purchase of the old machinery, equipment, or tools, and those offers shall be subtracted from the selling price of the other machinery, equipment, or tools as bid, in determining the lowest responsible bidder. Notice of the willingness of the board to accept offers for the purchase of the old machinery, equipment, or tools shall be made as a part of the advertisement for bids.
Last updated September 22, 2023 at 2:44 PM
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5549 | Purchase of Machinery and Equipment › Section 5549.22 | Townships May Join in Purchase of Property for Road Materials - Election of Superintendent - Duties.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of township trustees may join with the boards of other townships of the same county or an adjoining county for the purpose of purchasing real property containing suitable stone or gravel for road materials, and the necessary machinery for operating such property, as provided in this section and section 5549.24 of the Revised Code. When one or more townships have so joined together the property purchased by them shall be held and owned by the townships in common, for the use and benefit of all. They shall, at a meeting of all the trustees of such townships after such purchase, organize a joint board and elect one of their members president and one secretary of the board, and they shall select a manager or superintendent to manage said property. The trustees shall provide rules and regulations for the conduct and management of such property. Such manager or superintendent shall be selected by a majority vote of all the trustees of the townships interested in the property, and they shall, in such session fix his bond and approve the sureties of such bond, and he may be employed for a period not to exceed two years. The joint board shall meet at such time and place as provided in its rules and regulations. Any township owning or purchasing real property containing suitable stone or gravel may, by a majority vote of the board of township trustees, sell an interest to any other township in the same county or an adjoining county, but the interest sold must be an equal undivided interest between all the townships so interested. No township shall purchase an interest in such property until the question of the purchase has been submitted to a vote of the qualified electors of such township as provided by section 5549.24 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5549 | Purchase of Machinery and Equipment › Section 5549.23 | Sale of Crushed Stone, Gravel, and Sand - Application of Money.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
From any real estate purchased and controlled as provided by sections 5549.22 and 5549.24 of the Revised Code, stone, crushed stone, stone screenings, dirt, gravel, sand, or other similar material may be sold by the board of township trustees in control thereof to residents of the counties in which are situated the townships owning such real estate, and for use in the construction, reconstruction, improvement, maintenance, or repair of a public schoolhouse, public road or any other public improvement, located in such counties. Such materials shall be sold at prices fixed by the board or joint board of township trustees in control thereof, which prices shall not be less than the full cost of producing such materials. The moneys arising from such sales, in excess of the actual cost of production, shall be placed in the road maintenance and repair fund of the township.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5549 | Purchase of Machinery and Equipment › Section 5549.24 | Tax Levy for Purchase of Land for Stone or Gravel.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No tax shall be levied or bonds issued by the board of township trustees to purchase real property, containing suitable stone or gravel for road materials and the necessary machinery for operating the same, unless such tax is approved by a vote of the people in the manner provided by law.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5551 | Acquisition of Railway Right of Way › Section 5551.01 | Acquisition of Railway Right of Way Definitions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
As used in sections 5551.01 to 5551.10, inclusive, of the Revised Code:
(A) "Street or interurban railway company" includes any person, association, firm, or corporation owning any lands or property used for street or interurban railway purposes and any lessee thereof.
(B) "Road" includes any state or county road, or the street of any municipal corporation, or any part of such road or street, which forms a continuous road improvement.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5551 | Acquisition of Railway Right of Way › Section 5551.02 | Acquiring Right of Way.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever the right of way or other lands of any street or interurban railway company, owned by it in fee simple or in which it has a lesser title or estate, are contiguous to any public road outside a municipal corporation, other than roads upon the state highway system, or are so located that, in the opinion of the board of county commissioners, they interfere or may interfere with any proposed location, establishment, alteration, widening, straightening, vacation, or change in direction of such road, or with the construction of a road as provided in section 5555.02 of the Revised Code, and the board is of the opinion that it will be for the public convenience and welfare to acquire such lands or any part thereof and effect the removal, relocation, or both, of tracks, sidings, and other facilities of such company in connection with any proposed improvement or construction, the board may, in connection with proceedings therefor and by agreement with the company, acquire such part or all of the right of way and other lands and effect such removal, relocation, or both, of such tracks, sidings, and other facilities as provided by sections 5551.01 to 5551.10, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5551 | Acquisition of Railway Right of Way › Section 5551.03 | Resolution to Acquire Railway Right of Way.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners may, by resolution adopted by unanimous vote, find that the public convenience and welfare require the acquisition of right of way or lands and the removal, relocation, or both, of tracks, sidings, and other facilities of a street or interurban railway company in connection with a proposed improvement or construction. The resolution shall state the location and extent of lands to be acquired and of any lands proposed to be conveyed to such company in exchange therefor if they are within or contiguous to the bounds of the road to be improved or constructed. After passage of the resolution all subsequent proceedings of the board with respect to such matters may be had by a majority vote.
When a petition, signed by at least fifty-one per cent of the land or lot owners who are to be specially assessed, praying for the acquisition of any part of such right of way or other lands and the removal, relocation, or both, of tracks, sidings, and other facilities is filed with the board as provided in section 5555.03 of the Revised Code, such matters may be determined and all orders with reference thereto made by a majority vote of the board, but otherwise the procedure shall be the same as where the commissioners proceed without a petition.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5551 | Acquisition of Railway Right of Way › Section 5551.04 | Proceedings to Acquire Right of Way.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
Proceedings for the acquisition of the right of way or other lands of a street or interurban railway company, and removal, relocation, or both, of tracks, sidings, and other facilities located thereon, shall be had as provided in sections 163.01 to 163.22, inclusive, of the Revised Code. The assessment of any part of the cost thereof shall be had as provided in section 5555.02 of the Revised Code. Such proceedings may be initiated and proceed concurrently with or as a part of the proceedings for the improvement or construction of a public road. If and to the extent that lands proposed to be conveyed by the board of county commissioners to such company, in exchange for the right of way or lands to be acquired from it by the board, are located outside the bounds of the road to be improved or constructed, all proceedings for the appropriation thereof by the board may be had separately, either during or after proceedings in respect to such improvement or construction.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5551 | Acquisition of Railway Right of Way › Section 5551.05 | Surveys and Plans.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The surveys, plans, profiles, and cross sections required by the board of county commissioners to be prepared by the county engineer, in connection with a proposed road improvement or construction, shall show the right of way or other lands of the street or interurban railway company which it is proposed to acquire and the location of lands proposed to be exchanged therefor, to the extent that the lands to be exchanged are located within or contiguous to the bounds of such road.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5551 | Acquisition of Railway Right of Way › Section 5551.06 | Transfer of Right of Way and Removal of Tracks.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
Prior to or during the pendency of proceedings for improvement or construction of a road and the acquisition of such right of way, the board of county commissioners may enter into an agreement with any street or interurban railway company for the conveyance and transfer by such company to the board, in fee simple or such lesser estate or interest therein as the company may have, of such part or all of the right of way and other lands of the company as the board believes it for the public convenience and welfare to acquire, and for the removal, relocation, or both, of tracks, sidings, and other facilities of the company located thereon. Such agreement shall be conditioned upon the final determination of the board to proceed with such acquisition and removal after the determination by the courts pursuant to sections 163.01 to 163.22, inclusive, of the Revised Code, of the compensation for such taking. The agreement may:
(A) Stipulate the value of the right of way or lands of the company to be acquired by the board;
(B) Stipulate the cost or a maximum cost of removal of tracks, sidings, and other facilities therefrom and of relocation and reconstruction in such manner as not to interfere with the operation of the railway;
(C) Provide for the discharge and release of liens and encumbrances on such right of way and other lands;
(D) Provide that such removal, relocation, or both, be done by the company at such agreed cost or within such maximum cost;
(E) Provide the time of such removal, relocation, or both, which shall not be before the final determination by the board to proceed with such road improvement or construction;
(F) Provide for payment by the board to such company of the stipulated value of that part of its right of way and other lands to be acquired and the cost of removal, relocation, or both, of such tracks, sidings, and other facilities in any of the following ways:
(1) In money;
(2) By the conveyance in exchange therefor of other lands for a right of way or other proper railway uses;
(3) Partly in money and partly by such exchange.
Lands to be conveyed to the company, in exchange for such right of way and other lands, may be located wholly or partly within the bounds of the road, improvement or construction of which is proposed, or of any other public road outside of a municipal corporation, other than roads on the state highway system or wholly or partly outside the bounds of any public highway, and shall be specified in such agreement. Alternate routes and locations of lands proposed to be exchanged may be specified. The agreement may also contain provisions for the number of tracks and sidings on and the grade and maintenance of the new right of way to be conveyed to the company and for public roads across such right of way and their location and maintenance and other provisions necessary or proper for the public convenience and welfare.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5551 | Acquisition of Railway Right of Way › Section 5551.07 | Appropriation of Right of Way.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
The board of county commissioners may appropriate such lands and property or any estate, easement, or right therein as are proposed to be conveyed to a street or interurban railway company in exchange for the right of way or other lands to be acquired from it, in the manner provided for in sections 163.01 to 163.22, inclusive, of the Revised Code.
If any part or all of the lands proposed to be conveyed to such company lies within the bounds of any public road outside a municipal corporation, other than roads on the state highway system, the board may so appropriate the title, estate, interest, and right of abutting owners or others therein, to acquire and perfect their title thereto in fee simple.
After such appropriation the board may, in pursuance and performance of the agreement between it and the company, execute and deliver to such company a conveyance of the lands appropriated, in fee simple or such lesser estate or interest therein as has been appropriated by them, in exchange in whole or part for the right of way or other lands to be conveyed to the board by such company, and receive a conveyance from the company of its right of way and other lands so to be acquired, in fee simple or such lesser estate or interest as the company may have.
If any part of the right of way or other lands so acquired are owned by the company as an estate less than fee simple, the board, as provided in this section, may proceed to perfect its title thereto in fee simple.