reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5551 | Acquisition of Railway Right of Way › Section 5551.08 | Apportionment of Compensation, Damages, Costs, and Expenses.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
Any part of the compensation, damages, costs, and expenses of acquiring the right of way or other lands of a street or interurban railway company, including the appropriation of lands to be exchanged therefor, as provided in section 5551.07 of the Revised Code, and the cost and expense of removal, relocation, or both, of the tracks, sidings, and other facilities located thereon, may be apportioned and paid in any one of the methods provided in section 5555.41 of the Revised Code, as set forth in the petition therefor or, if no petition is filed, in the resolution of the board of county commissioners declaring the necessity thereof.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5551 | Acquisition of Railway Right of Way › Section 5551.09 | Board of County Commissioners May Issue Bonds.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners may issue bonds as provided in sections 5555.44 and 5555.51 of the Revised Code in anticipation of the collection of taxes and assessments or any part thereof, for such compensation, damages, costs, and expenses specified in section 5551.08 of the Revised Code, which bonds may be issued separately from or included in any issue of bonds for improvement or construction of a public road in other respects.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5551 | Acquisition of Railway Right of Way › Section 5551.10 | Jurisdiction of Commission.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 5551.01 to 5551.09, inclusive, of the Revised Code, do not limit or impair the jurisdiction or control, which is or may be conferred upon the public utilities commission over the abandonment or change of route, termini, facilities, or service of any street or interurban railway company.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5552 | Road Access Management › Section 5552.01 | Road Access Management Definitions.

Effective:
July 1, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
As used in this chapter:
(A) "Metropolitan planning organization" means a metropolitan planning organization designated under section 9(a) of the "Federal-Aid Highway Act of 1962," 76 Stat. 1148, 23 U.S.C. 134, as amended.
(B) "Urban township" means a township that has a population in the unincorporated area of the township of fifteen thousand or more and that has adopted a limited home rule government under section 504.02 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5552 | Road Access Management › Section 5552.03 | Relationship of Regulations for Management of Access Onto County and Township Roads to Platting Requirements.

Effective:
October 24, 2002
Latest Legislation:
House Bill 366 - 124th General Assembly
(A) Regulations adopted under this chapter do not apply to subdivisions subject to plat approval under section 711.05 or 711.10 of the Revised Code, and nothing in this chapter limits the authority granted in those sections for subdivision regulations to provide for the proper arrangement of streets or other highways in relation to existing or planned streets or highways or to the county or regional plan.
(B) Regulations adopted under this chapter do apply to subdivisions subject to approval without plat under section 711.131 of the Revised Code, and to any parcel of property that is not subject to regulations adopted under Chapter 711. of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5552 | Road Access Management › Section 5552.05 | Initiating Process of Adopting Township Access Management Regulations.

Effective:
October 24, 2002
Latest Legislation:
House Bill 366 - 124th General Assembly
(A) The process of adopting township access management regulations provided for in division (A) of section 5552.02 of the Revised Code may be initiated in any of the following ways:
(1) The board of township trustees may adopt a resolution proposing the consideration of access management regulations on its own initiative.
(2) The board of township trustees shall adopt a resolution proposing the consideration of access management regulations if the county engineer certifies to the board a written request for the board to do so.
(B) Upon adoption of a resolution proposing the consideration of access management regulations under division (A) of this section, the board of township trustees shall request the county engineer to draft proposed regulations. The engineer shall prepare proposed regulations and, when they are complete, send a copy of them to each member of the advisory committee appointed under division (C) of this section along with a notice of the time and place of the first meeting of the advisory committee. That meeting shall take place within thirty days after the completion of the engineer's proposed regulations.
(C) Upon adoption of a resolution under division (A) of this section, the board of township trustees shall establish an advisory committee to review the county engineer's proposed regulations prepared under division (B) of this section. The board shall appoint to the committee the county engineer or the engineer's designee, a registered surveyor in private practice, a representative of the homebuilding industry, a licensed realtor, a representative of a county or regional planning commission with jurisdiction in the county, a professional engineer with expertise in traffic engineering, a representative of the metropolitan planning organization, where applicable, three residents of the township, and any other person the board chooses to appoint.
At its initial meeting held as provided in the notice sent by the county engineer under division (B) of this section, the advisory committee shall elect one member to serve as the chairperson of the committee. Within two hundred seventy days after that initial meeting, the advisory committee shall provide the board of township trustees with a copy of the engineer's proposed regulations, the committee's recommendations about each of the proposed regulations, and any other recommendations about the access management regulations the committee considers appropriate.
(D) Upon receiving the advisory committee's recommendations under division (C) of this section, the board of township trustees shall hold hearings as provided in section 5552.06 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5552 | Road Access Management › Section 5552.06 | Hearing on Adoption of Regulations.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) A board of county commissioners or a board of township trustees may adopt access management regulations or any amendments to those regulations after holding at least two public hearings at regular or special sessions of the board. The board shall consider the county engineer's proposed regulations prepared under division (B) of section 5552.04 or 5552.05 of the Revised Code and all comments on those regulations. The board, in its discretion, may, but need not, adopt any or all of those proposed regulations. After the public hearings, the board may decide not to adopt any access management regulations.
The board shall publish notice of the public hearings in a newspaper of general circulation in the county or township, as applicable, once a week for two weeks or as provided in section 7.16 of the Revised Code, immediately preceding the hearings. The notice shall include the time, date, and place of each hearing. Copies of any proposed regulations or amendments shall be made available to the public at the board's office and, if the county engineer administers or is proposed to administer a point of access permit, in the engineer's office.
(B) In addition to the notice required by division (A) of this section, not less than thirty days before holding a public hearing, a board of county commissioners shall send a copy of the county engineer's proposed regulations, a copy of the advisory committee's recommendations, and a request for written comments to the board of township trustees of each township in the county, the department of transportation district deputy director for the district in which the county is located, a representative of the metropolitan planning organization, where applicable, and at least the local professional associations representing the following professions:
(1) Homebuilders;
(2) Realtors;
(3) Professional surveyors;
(4) Attorneys;
(5) Professional engineers.
(C) In addition to the notice required by division (A) of this section, a board of township trustees shall send a copy of the county engineer's proposed regulations, a copy of the advisory committee's recommendations, and a request for written comments, not less than thirty days before holding a public hearing, to the department of transportation district deputy director for the district in which the township is located, a representative of the metropolitan planning organization, where applicable, and at least the local professional associations representing the professions listed in division (B) of this section.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5552 | Road Access Management › Section 5552.07 | Board to Hear Appeals.

Effective:
October 24, 2002
Latest Legislation:
House Bill 366 - 124th General Assembly
A board of county commissioners or board of township trustees that adopts access management regulations under section 5552.02 of the Revised Code shall include in those regulations the designation of a board to hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the regulations. This appellate board may be the board itself acting in an administrative capacity, or some other board appointed by the board of county commissioners or board of township trustees, whichever is applicable. The regulations also shall authorize that appellate board to grant variances that are not contrary to the public interest from the terms of the regulations where, owing to special conditions, a literal enforcement of the regulations will result in unnecessary hardship, and so that the spirit of the regulations will be observed and substantial justice done.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5552 | Road Access Management › Section 5552.08 | Permits.

Effective:
October 24, 2002
Latest Legislation:
House Bill 366 - 124th General Assembly
(A) A permit issued under access management regulations adopted under section 5552.02 of the Revised Code shall prescribe the limitations on, as well as the permitted uses of, the permit. No modifications or amendments to the permit shall be made once it is issued. To be subject to a different permit, a person shall apply for a new permit that specifically supersedes the existing permit.
(B) A board of county commissioners or a board of township trustees, as applicable, may charge a permit fee not to exceed the actual cost of administering the permit.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5552 | Road Access Management › Section 5552.09 | Regulations Effective Date.

Effective:
October 24, 2002
Latest Legislation:
House Bill 366 - 124th General Assembly
Any access management regulations adopted under section 5552.02 of the Revised Code become effective on the thirty-first day following the date of their adoption unless otherwise indicated in the regulations. The board adopting the regulations shall publish notice of their adoption, and of their availability at the board's office, in at least one newspaper of general circulation in the county or township, as applicable, within ten days after their adoption. The board also shall provide a copy of the regulations to the department of transportation district deputy director for the district in which the county or township is located.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5552 | Road Access Management › Section 5552.10 | Administering Regulations for Management of Access.

Effective:
December 20, 2005
Latest Legislation:
Senate Bill 107 - 126th General Assembly
The board of county commissioners shall designate the county engineer to administer county access management regulations, except that if the engineer declines to administer the regulations, the board may designate another person, or a planning commission, to administer them. If a board of township trustees adopts access management regulations, the board may administer the regulations or may appoint the township fiscal officer or any other person to administer them, with the advice of the county engineer.
If the access management regulations apply to a subdivision and a permit request is filed pertaining to the subdivision, the county engineer, board of township trustees, planning commission, or other person administering the regulations shall approve or disapprove the permit request within the time period for approval of a subdivision without a plat specified in section 711.131 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5552 | Road Access Management › Section 5552.11 | Rules of Construction.

Effective:
October 24, 2002
Latest Legislation:
House Bill 366 - 124th General Assembly
(A) No access management regulation, or amendment to an access management regulation, adopted under section 5552.02 of the Revised Code shall be construed to affect any access point that exists, or on which construction has begun, before the effective date of the regulation or amendment.
(B) Division (A) of this section does not prohibit access management regulations adopted under section 5552.02 of the Revised Code from regulating the reconstruction or relocation of access points or from applying when land use is changed in a way that significantly increases the types of traffic or traffic volume on a street or highway.
(C) No access management regulation, or amendment to an access management regulation, adopted under section 5552.02 of the Revised Code shall be construed to affect the state highway system or modify any access management standards or procedures established by the director of transportation under sections 5501.31 and 5515.01 of the Revised Code.
(D) No access management regulation, or amendment to an access management regulation, adopted under section 5552.02 of the Revised Code shall apply to any streets, highways, or other roadways located in a municipal corporation.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5552 | Road Access Management › Section 5552.99 | Penalty.

Effective:
October 24, 2002
Latest Legislation:
House Bill 366 - 124th General Assembly
Whoever violates an access management regulation adopted under section 5552.02 of the Revised Code shall be fined not more than five hundred dollars for each offense. Each day of violation is a separate offense.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.01 | Improvement Defined.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
As used in sections 5553.02 to 5553.16, inclusive, of the Revised Code, "improvement" means any location, establishment, alteration, widening, straightening, vacation, or change in the direction of a public road, or part thereof, as determined upon by a board of county commissioners or joint board of county commissioners by resolution.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.02 | Authority of Board of County Commissioners to Locate, Alter, or Vacate Roads.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
The board of county commissioners may locate, establish, alter, widen, straighten, vacate, or change the direction of roads as provided in sections 5553.03 to 5553.16 of the Revised Code. This power extends to all roads within the county, except that as to roads on the state highway system the approval of the director of transportation shall be had. However, no public road shall be located or established, by the board of county commissioners, unless the location or establishment begins on a public road and terminates on a public road, or begins on a public road and services a public park, a state supported educational institution, public school, public aviation area, or a public recreation area, or begins on a public road and services at least three private residences or businesses in the first five hundred feet and one private residence or business in each two hundred feet thereafter.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.03 | Width of County Roads.

Effective:
February 24, 1986
Latest Legislation:
House Bill 221 - 116th General Assembly
(A) Except as provided in division (B) of this section, all public roads located and established by the board of county commissioners subsequent to September 6, 1915, shall be of such width, not less than thirty feet, as is determined by the board. If a public road is established upon a county or state line, the board may determine the width of the strip of land in the county to be used for such purposes, but such width shall not be less than fifteen feet.
(B) The board of county commissioners may locate and establish public roads that are less than thirty but not less than twenty feet in width, when all of the following conditions are met:
(1) The roads have been in continuous existence and use as private roads since at least 1952, and are located in land platted as a subdivision outside of the limits of a municipal corporation;
(2) It is proved to the satisfaction of the board that the acquisition of additional land necessary to meet the width otherwise applying under division (A) of this section will involve or result in damage to structures or dwellings adjacent to the roads;
(3) The county engineer submits to the board a detailed report on the kinds and amount of traffic using the roads, and showing that the lesser width is adequate to serve anticipated traffic volumes without endagering persons using the roads.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.04 | Procedure for Establishing, Altering, or Vacating Road - Petition.

Effective:
March 22, 2019
Latest Legislation:
House Bill 500 - 132nd General Assembly
(A) Subject to division (B) of this section, w hen the board of county commissioners is of the opinion that it will be for the public convenience or welfare to locate, establish, alter, widen, straighten, vacate, or change the direction of a public road, it shall so declare by resolution, which resolution shall set forth the general route and termini of the road, or part of the road, to be located, established, or vacated, or the general manner in which the road is to be altered, widened, or straightened, or the direction of the road is to be changed.
Subject to division (B) of this section, when a petition, signed by at least twelve freeholders of the county residing in the vicinity of the proposed improvement, or signed by the owner of the right to mine coal lying under or adjacent to the proposed improvement, is presented to the board requesting the board to locate, establish, alter, widen, straighten, vacate, or change the direction of a public road, the board shall view the location of the proposed improvement, and, if it is of the opinion that it will be for the public convenience or welfare to make the improvement, it may proceed to make the improvement as provided in sections 5553.04 to 5553.16 of the Revised Code. The petition shall set forth the general route and termini of the road, or part of the road, to be located, established, or vacated, or the general manner in which the road is to be altered, widened, or straightened, or the direction of the road is to be changed. When the board declares by resolution its intention to proceed with the improvement, it also may provide in the resolution for the establishment of an appropriate detour route or for the temporary closing of the road to be improved. When the petition presented to the board for a proposed improvement as provided in this section is a petition signed by the owner of the right to mine coal lying under or adjacent to the proposed improvement, that petitioner shall pay the costs and expenses incurred by the board in connection with the proceedings initiated by the petition, and the costs and expenses of making the improvement including compensation and damages, and including the cost of relocation of any conduits, cables, wires, towers, poles, or other equipment or appliances of any public utility or electric cooperative as defined in section 4928.01 of the Revised Code, located on, over, or under the portion of the road affected by the improvement, and, on demand by the board, shall give bond to the satisfaction of the board in the amount the board determines to secure the payment of all of those costs and expenses.
(B ) A board of county commissioners shall not adopt a resolution to vacate a public road that is a township road under division (A) of this section unless the applicable board of township trustees has adopted a resolution approving the vacation.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.041 | Procedure for Establishing, Altering, or Vacating Road - Petition by Director of Transportation.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
When in the construction or improvement of a state highway, in the opinion of the director of transportation, it is in the public interest to vacate or close a public highway or any portion thereof under the jurisdiction of the county commissioners, said director may petition the county commissioners to vacate or close such highway in the same manner the freeholders may petition under sections 5553.04 to 5553.11 of the Revised Code.
The county commissioners shall act upon said petition within thirty days and in the event they refuse to vacate or close said highways as requested shall show such action by a proper resolution. The director or an owner of property abutting on the portion of the highway to be vacated or closed may within thirty days appeal to the court of common pleas of the county in which such highway is located upon the reasonableness of the action of the commissioners and the court may affirm or revoke the action of the commissioners and may direct the commissioners to proceed with said vacation or closing as petitioned for. At said hearing before said common pleas court evidence may be introduced for or against the reasonableness and necessity for said requested vacation or closing. The decision of the common pleas court may be appealed to the court of appeals and the supreme court as in other cases.
When the vacation or closing is approved in accordance with the above procedure, the compensation and damages, if any, due any property owners abutting the portion of the highway to be vacated or closed shall be paid by the director as part of the costs of acquiring the right-of-way for the state highway improvement and pursuant to procedures provided by law relating to the director. Such payment by the director shall be in lieu of any payment required to be paid by the county under sections 5553.10 and 5553.11 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.042 | Losing Right to Abandoned, Unused Township Road.

Effective:
June 10, 2004
Latest Legislation:
House Bill 299 - 125th General Assembly
(A) As used in this section:
(1) "Electric cooperative" has the same meaning as in section 4928.01 of the Revised Code.
(2) "Service facilities" includes any conduit, cable, wire, tower, pole, or other equipment or appliance of a public utility or electric cooperative.
(B) A township shall lose all rights in and to any public road, highway, street, or alley which has been abandoned and not used for a period of twenty-one years, after formal proceedings for vacation as provided in sections 5553.04 to 5553.11 of the Revised Code have been taken. Upon petition for vacation of such a public road, highway, street, or alley filed with the board of county commissioners by any abutting landowner, if the board finds that the public road, highway, street, or alley has been abandoned and not used for a period of twenty-one years as alleged in the petition, the board, by resolution, may order the road, highway, street, or alley vacated, and the road, highway, street, or alley shall pass, in fee, to the abutting landowners, as provided by law, and subject to all of the following:
(1) Any existing right of way in, over, or under the road, highway, street, or alley for the service facilities of any public utility or electric cooperative for as long as the public utility or electric cooperative continues to render service to the public;
(2) The right of ingress and egress for a public utility or electric cooperative to service and maintain its service facilities as provided under section 5553.043 of the Revised Code;
(3) The right to trim or remove any trees, shrubs, brush, or other obstacles growing in or encroaching onto the right of way that may affect the operation, use, or access to service facilities;
(4) Any right of way for public nonmotorized vehicular recreational use as provided under section 5553.044 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.043 | Railroad or Public Utility Company Deemed to Have Permanent Easement in Vacated Portion of Road.

Effective:
June 10, 2004
Latest Legislation:
House Bill 299 - 125th General Assembly
When any street, highway, or road, or a portion of any street, highway, or road, is vacated pursuant to any section of this chapter or Chapter 5571. of the Revised Code, and the relocation of any conduits, cables, wires, towers, poles, sewer lines, steam lines, pipelines, gas and water lines, tracks, or other equipment or appliances of any electric cooperative, railroad, or public utility, whether owned privately or by any governmental authority, located on, over, or under the portion of the street, highway, or road affected by the vacation, are not required for purposes of the vacating authority, any affected electric cooperative, railroad, or public utility company shall be deemed to have a permanent easement in the vacated portion of the street, highway, or road for the purpose of accessing, maintaining, operating, renewing, reconstructing, and removing those utility facilities. The permanent easement also confers a right of ingress and egress to service and maintain those utility facilities and a right to trim or remove any trees, shrubs, brush, or other obstacles growing in or encroaching onto the permanent easement that may affect the operation, use, or access to those utility facilities.
Nothing in this section shall be construed to relieve an owner of the right to mine coal who petitions for a proposed improvement from the obligation to pay the relocation costs and expenses of public utility or electric cooperative facilities as provided in this chapter or Chapter 5571. of the Revised Code.
As used in this section, "electric cooperative" has the same meaning as in section 4928.01 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.044 | Roads for Public Nonmotorized Vehicular Recreational Use.

Effective:
October 20, 1972
Latest Legislation:
Senate Bill 247 - 109th General Assembly
In any proceeding on a petition or resolution to vacate a road which begins on a public road and ends on a public road, the board of county commissioners may determine the suitability of the road for public nonmotorized vehicular recreational use. Such uses include, but are not limited to, hiking, bicycling, horseback riding, and ski touring. They do not include use by motorcycles, snowmobiles, all purpose vehicles, or any other form of motorized vehicle. If the board finds that such uses will not unreasonably interfere with current land uses along the road, it may vacate the road subject to the preservation of a public right of way at least thirty feet wide within such roadway for such uses.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.05 | Hearing on Petition for Vacation of Road.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) In the resolution required by section 5553.04 of the Revised Code, the board of county commissioners shall fix a date when it will view the proposed improvement, and also a date for a final hearing thereon.
The board shall give notice of the time and place for both such view and hearing by publication once a week for two consecutive weeks in a newspaper of general circulation in the county where such improvement is located or as provided in section 7.16 of the Revised Code. Such notice, in addition to the date and place of such view and place and time of the final hearing, shall state briefly the character of such improvement.
(B) If the board adopts a resolution to vacate a public road as provided in section 5553.04 of the Revised Code, or if a petition to vacate a public road is filed, the board shall, in addition to the notice of the time and place for hearing prescribed in division (A) of this section, send written notice of the hearing by first class mail at least twenty days before the date of the public hearing to owners of property abutting upon that portion of the road to be vacated, and to the director of natural resources. Such notice shall be mailed to the addresses of such owners appearing on the county auditor's current tax list or the treasurer's mailing list, and such other list or lists that may be specified by the board. The failure of the delivery of such notice does not invalidate any such vacating of the road authorized in the resolution.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.051 | Fees to Cover Costs of Notice.

Effective:
July 1, 2013
Latest Legislation:
House Bill 51 - 130th General Assembly
The board of county commissioners may establish a fee to cover the actual costs the county incurs in providing published notice and mailed notice as required by section 5553.05 of the Revised Code. The board may require an initial deposit to be paid at the time a petition for vacation of a road is filed under section 5553.04 of the Revised Code or promptly thereafter. The clerk of the board shall maintain an accurate and detailed accounting of all funds received under this section and expended in providing the required published and mailed notice.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.06 | Plat and Survey - Report of County Engineer.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the board of county commissioners, after viewing the proposed improvement, considers such improvement of sufficient public importance, it shall instruct the county engineer to make an accurate survey and plat of such improvement and furnish an accurate and detailed description describing therein the center line and right of way lines. The engineer shall also furnish an accurate and detailed description of each tract of land which he believes it is necessary to take in the event such improvement is made, together with the name of each owner. The engineer shall, at the time of making such survey, set stakes at the termini of each right of way line, at all angles between such termini, and at sufficient other points on the right of way lines so that the bounds of such improvement are discernible to property owners and other interested persons. The engineer shall make a report in writing to the board on or before the date fixed for the final hearing. Such report shall set forth the opinion of the engineer for or against such improvement. In case it is proposed to locate or establish a road, such report shall state the width to which the improvement shall be opened, shall be accompanied by said plat and detailed and accurate descriptions, and shall be filed with the board.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.07 | Report of Engineer Read at Final Hearing - Testimony - Resolution to Proceed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners shall at the date of the final hearing on the proposed improvement read the report of the county engineer, and it shall hear any testimony bearing upon the necessity of the improvement for the public convenience or welfare and offered either for or against proceeding with the improvement by any interested persons.
If the board finds such improvement will serve the public convenience and welfare, it shall by resolution enter such finding on its journal and determine to proceed with the improvement. If it finds such improvement will not serve the public convenience and welfare, it shall refuse to proceed with the improvement.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.08 | Determination to Proceed With Improvement After Modification of Plan.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
The board of county commissioners, acting in accordance with sections 5553.04 to 5553.07, inclusive, of the Revised Code, may determine to proceed with the proposed improvement with such modifications and changes in the route and termini as in its judgment the public convenience and welfare require. In making such modifications or changes, the board shall cause an accurate and detailed description thereof to be entered on its journal.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.09 | Payment of Compensation and Damages.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the board of county commissioners is of the opinion that the proposed improvement is of sufficient importance to the public to cause the compensation and damages on account thereof to be paid to the persons entitled thereto out of the county treasury, it may so order If the board is of the opinion that such improvement is not of sufficient importance to cause the compensation and damages to be paid from the treasury, it may determine to proceed with the improvement only upon the condition that the compensation and damages, or such part thereof as it deems reasonable and just, be paid by the landowners of lands within the vicinity who will be benefited by the improvement, and the balance shall be paid out of the treasury. In such event the board shall include in its order a schedule setting forth the names of such landowners, a pertinent description of such lands, and a statement of the amount of compensation and damages to be paid by the owner of each parcel of such lands. When a portion of the compensation and damages is ordered to be paid by the landowners who will be benefited by the improvement, the board may abandon the improvement on the failure of such benefited landowners to pay the compensation and damages adjudged against them by the time fixed therefor.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.10 | Record of Proceedings - Board Shall Make Improvement and Furnish Map - Unopened Road Shall Be Vacated.

Effective:
October 20, 1972
Latest Legislation:
Senate Bill 247 - 109th General Assembly
When, on the final hearing on the proposed improvement, the board of county commissioners finds in favor of such improvement, and determines to proceed therewith, it shall cause a record of the proceedings, including the survey, plat, and accurate and detailed description of such improvement, to be entered forthwith in the proper road records of the county by the county engineer.
If the proceeding is for the location or establishment of a road, the board shall open up the road as established and such road shall be a public road, and shall be kept open, maintained, and improved as provided by law. If the proceeding is for the vacation of a road, the board shall order the road vacated and it shall cease to be a public road. The board shall furnish the director of natural resources with a full and accurate description or map of any right of way retained for public nonmotorized vehicular recreational use. If the proceeding is for the alteration, widening, straightening, or change in the direction of a road, the board shall make the necessary order to accomplish such purpose. Any part of the road made unnecessary by any change or alteration shall be ordered vacated.
No road shall be opened or property taken until all compensation and damages allowed are paid, or the amount thereof, as allowed in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.
A road, or part thereof, which remains unopened for seven years after the order establishing it was made or authority granted for opening it shall be vacated, and the right to build it pursuant to the establishment in the original proceedings therefor shall be barred.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.11 | Proceedings After Improvement Ordered.

Effective:
April 7, 2009
Latest Legislation:
House Bill 318 - 127th General Assembly
If the proceeding is for an improvement other than the vacation of a road and the board of county commissioners, at its final hearing on the proposed improvement, orders the improvement established, it shall proceed in accordance with sections 163.01 to 163.22 of the Revised Code.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.13 | Improvement on County Line.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the proposed improvement is along or upon a county line or crosses such county line or extends as a continuous road from one county into or through one or more adjoining counties, the boards of county commissioners of the counties interested shall sit as a joint board.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.14 | View and Hearing by Joint Board - Resolution.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
If the joint board of county commissioners is of the opinion that it is for the public convenience or welfare to make the proposed improvement, it shall declare the necessity therefor by resolution at the meeting provided for in section 5553.13 of the Revised Code. Such resolution shall set forth generally the route and termini of the road, or part thereof, to be located, established, or vacated, or the general manner in which such road is to be altered, widened, straightened, or the direction thereof changed. Such resolution shall fix a date when the joint board will view the proposed improvement and the date of the final hearing thereon. The joint board shall give notice of the time and place for both such view and hearing by publication in each county interested in like manner as though such project were a single county improvement. The joint board shall appoint the county engineer of one of the interested counties to act in the matter. Such proceedings shall be conducted thereafter by the joint board as though the proceedings were before a single board as provided in sections 5553.04 to 5553.11, inclusive, of the Revised Code. A portion of a road upon a county line may be located wholly within one county when it is necessary to avoid some place on the county line where the construction thereof would be unusually expensive or difficult.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.15 | Record of Proceedings of Joint Board - Copies Sent to Other Counties.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners of the county having the greatest population of any of the interested counties participating in the proposed improvement shall keep a full and accurate record of the proceedings. At the conclusion of the proceedings, it shall certify a copy thereof to each county interested, to be placed upon the proper road record of such county.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.16 | Cost of Joint Improvement Divided Among Interested Counties.

Effective:
September 28, 1973
Latest Legislation:
House Bill 200 - 110th General Assembly
The compensation and damages awarded in case of a joint improvement, together with the expenses thereof, shall be divided among the counties interested, as the joint board of county commissioners agrees and determines. In case of failure to agree on the proportion which each county is to pay, the joint board shall certify that fact to the director of transportation who shall thereupon make such apportionment.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.18 | Determining True Line of Road - Petition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the place of beginning the true course or boundaries of a road is uncertain by reason of the removal of any monument or witness by which such road was originally designated, or the destruction of any record, or from any other cause, the board of county commissioners of the county in which such road is located, upon the filing of a petition signed by at least twelve freeholders of the county residing in the vicinity of such road, shall cause the county engineer to view and find the true line of such road.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.19 | Notice of Hearing Upon Report of County Engineer - Objections.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
The county engineer shall view and survey the road as provided in section 5553.18 of the Revised Code, and shall make a return of the survey and plat of the road to the board of county commissioners. Upon the filing of the report of the engineer, the board shall give notice of the filing of such report by publication as provided in section 7.16 of the Revised Code or once each week for three consecutive weeks in a newspaper of general circulation in the county in which such road is situated. Such notice shall state the date and time of the hearing upon the report of the engineer. If exceptions or objections are made, the board shall hear them, and it may approve or reject said report. If the report of the engineer is approved, the board shall cause such report to be recorded together with the survey and plat of such road.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.20 | Civil Action to Establish True Line of Road.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the county engineer is unable to ascertain with certainty the true course and boundary line of a road, the board of county commissioners may prosecute a civil action against the owners of the land abutting upon such road to ascertain and have the boundaries of such road judicially established in one action. Any road, the true course of which is surveyed and fixed as provided in this section and sections 5553.18 and 5553.19 of the Revised Code, shall to the limits of such boundaries be a public highway. The engineer and board may not change the line of any road under sections 5553.18 and 5553.19 of the Revised Code from that which has been opened and used by the public for a period of seven years immediately preceding the application provided for in section 5553.18 of the Revised Code; but this section does not authorize any encroachment by abutting property owners on said road as opened and used.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.21 | Establishing True Line of Road by Agreement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever the place of beginning, true course, or boundaries of a road are uncertain by reason of the removal of any monument or witness by which such road was originally designated, or the destruction of any record, or from any other cause, and the adjacent landowners are able to agree on the true course and boundaries of such road, they may call upon the county engineer to make a true plat and description thereof. Such plat and description shall be signed and acknowledged by such adjacent landowners, and placed upon the proper road records of the county. Thereafter the plat and description contained in the road records shall constitute the true course and boundaries of such road. Such plat and description shall first be approved by the engineer and the board of county commissioners. If the road is located in two or more counties, the plat and description shall be approved by the board of each county.
2023 Ohio Revised Code › Title 55 | Roads-Highways-Bridges › Chapter 5553 | County Roads - Establishment; Alteration; Vacation › Section 5553.22 | Determining Boundaries of Road Located in Two or More Counties - Joint Meeting.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When any road, the true course of which it is sought to fix, establish, and determine, is located in two or more counties, the petition provided for in section 5553.18 of the Revised Code shall be filed with the board of county commissioners of either county interested. The board of such county shall file within ten days a certified copy of said petition with the boards of the other counties interested, and the board of the county where the original petition is filed shall call a joint meeting of the boards of the counties interested, to be held within thirty days from the filing of such petition. Such proceedings shall be had by a joint board as are provided for in the case of a petition filed with a single board.