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Ohio Statutes, Title 61

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Ohio/Statutes

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Title 61, Title 61. Water Supply-Sanitation-Ditches

20 chapters · 674 sections in this title.

All chapters in Title 61674 Ch 6101, Chapter 6101 | Conservancy Districts92 Ch 6115, Chapter 6115 | Sanitary Districts87 Ch 6111, Chapter 6111 | Water Pollution Control75 Ch 6119, Chapter 6119 | Regional Water And Se…69 Ch 6117, Chapter 6117 | Sewer Districts; Coun…57 Ch 6131, Chapter 6131 | Single County Drainag…56 Ch 6103, Chapter 6103 | County Water Supply S…36 Ch 6109, Chapter 6109 | Safe Drinking Water34 Ch 6121, Chapter 6121 | Water Development Aut…27 Ch 6135, Chapter 6135 | Interstate County Ditches25 Ch 6105, Chapter 6105 | Watershed Districts24 Ch 6123, Chapter 6123 | Solid Waste And Energ…24 Ch 6137, Chapter 6137 | Drainage Improvement …18 Ch 6133, Chapter 6133 | Joint County Drainage…13

674 sections·Filtered byTitle 61✕

Ohio Rev. Code Ann. § 6131.14 County engineer's duties
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(A) Upon the board's determination to proceed with the project survey and design on a proposed improvement under section 6131.12 of the Revised Code, the clerk of the board of county commissioners shall immediately forward a copy of the board's findings and orders to the county e…
Ohio Rev. Code Ann. § 6131.15 Schedule of assessments
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(A) The county engineer shall prepare a schedule of assessments that includes all of the following: (1) The name and address of each private owner of land and a description of the land to be benefited by the proposed improvement. The engineer shall obtain the names and addresses …
Ohio Rev. Code Ann. § 6131.16 Notice of assessments and final hearing
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(A) Upon the filing with the clerk of the board of county commissioners of the reports, plans, and schedules by the county engineer as provided in section 6131.14 of the Revised Code, the board of county commissioners shall fix a date not fewer than twenty-five nor more than nine…
Ohio Rev. Code Ann. § 6131.17 Exceptions to engineer's schedules of assessments
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(A) An owner may file an exception to the county engineer's schedules of assessments or file a claim for damages or compensation with the clerk of the board of county commissioners not less than five days before the date of the final hearing in the proceedings to construct the im…

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Ohio Rev. Code Ann. § 6131.19 Hearing on compensation or damages

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(A) At the final hearing, or at such time the final hearing is adjourned to hear claims for compensation or damages, the board of county commissioners shall hear any competent evidence offered by any affected owner upon the county engineer's estimate of damages and upon any claim…

Ohio Rev. Code Ann. § 6131.20 Final hearing

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At the final hearing on a proposed improvement, the board of county commissioners shall hear any application that is filed for a change of the route or course of the proposed improvement, or of either terminus thereof, from that shown in the report of the county engineer. The boa…

Ohio Rev. Code Ann. § 6131.21 Factors to be considered by commissioners at final hearing

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(A) At the final hearing on a proposed improvement, after hearing all the evidence offered in the proceedings and after receiving and considering all the schedules, plans, and reports filed by the county engineer, the board of county commissioners shall review its former order to…

Ohio Rev. Code Ann. § 6131.22 Approval and confirmation of assessments

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(A) At the final hearing on a proposed improvement, if the petition is not dismissed, the board of county commissioners shall hear any evidence offered for or against the assessment proposed to be levied against any owner or on any land as shown by the schedule of assessments fil…

Ohio Rev. Code Ann. § 6131.23 Semiannual installments for payment of assessments

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(A) The assessments estimated in accordance with section 6131.14 of the Revised Code shall be payable in not less than two semiannual installments. At the time of the final hearing, in the order approving the levying of the assessments, the board of county commissioners shall det…

Ohio Rev. Code Ann. § 6131.24 Preliminary steps for receiving bids for drainage improvements

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(A) The board of county commissioners shall fix a date, time, and place at the final hearing for the county engineer to receive bids. The county engineer shall prepare the necessary bid documents and legal advertisements as provided in sections 307.87 and 307.88 of the Revised Co…

Ohio Rev. Code Ann. § 6131.25 Appeals

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(A) Any affected owner may appeal to the court of common pleas within thirty days of the date that any order was issued by the board of county commissioners under this chapter, and may appeal any one or more of the following questions: (1) Is the improvement necessary? (2) Will t…

Ohio Rev. Code Ann. § 6131.27 Transcript of order for drainage improvement

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If an appeal is filed pursuant to section 6131.25 of the Revised Code, the clerk of the board of county commissioners shall promptly prepare a transcript of the orders made by the board of county commissioners, and shall file such transcript with the clerk of the court of common …

Ohio Rev. Code Ann. § 6131.28 Joinder and separation of appeals

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Several owners may appeal from the orders in the same improvement. If several owners appeal, only one transcript need be made by the clerk of the board of county commissioners. All the appeals shall be filed in one action in the court of common pleas, which court, on any appeal, …

Ohio Rev. Code Ann. § 6131.30 Appeal procedure in common pleas court

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(A) The court of common pleas, on appeal, shall hear the matters appealed de novo. The court, exercising equitable jurisdiction, shall bring the entire proceedings before it in order to determine all the issues raised in the proceedings and enter a final judgment, order, or decre…

Ohio Rev. Code Ann. § 6131.31 Procedures for findings on appeal

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(A) If the appeal is from an order of the board of county commissioners made at the first hearing dismissing the petition, and if the court of common pleas from the evidence adduced, including the county engineer's preliminary estimate of cost and preliminary report on feasibilit…

Ohio Rev. Code Ann. § 6131.32 Right of trial by jury

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On appeal from an order made by the board of county commissioners allowing or refusing to allow compensation or damages, the owners interested shall have the right of trial by jury. The jury may view the premises, as in other civil cases.

Ohio Rev. Code Ann. § 6131.33 Jury verdict form

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If there is more than one appellant in a trial by jury authorized under section 6131.32 of the Revised Code with separate claims on the question of compensation or damages or if there are issues as to different properties, the court may submit all the several claims and issues to…

Ohio Rev. Code Ann. § 6131.34 Costs and fees

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If the appellants, on claims for compensation or damages, do not recover a judgment for more than the amount of compensation or damages awarded by the board of county commissioners, the costs on the hearing as to compensation or damages on appeal shall be taxed against the appell…

Ohio Rev. Code Ann. § 6131.36 Certification of transcript of common pleas proceedings to county commissioners

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(A) After the final judgment, order, or decree upon any appeal is rendered by the court of common pleas, the clerk of the court of common pleas shall, within twenty-one days, make a transcript of the same and shall certify and transmit it with all original papers in the case to t…

Ohio Rev. Code Ann. § 6131.37 Bids for drainage improvements

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If no appeal has been taken to the court of common pleas at the time fixed in the notice to receive bids as provided by section 6131.24 of the Revised Code, or if an appeal has been taken at the time as stated in the notice given after the appeal has been determined, the county e…

Ohio Rev. Code Ann. § 6131.38 Bid requirements

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The county engineer shall prepare the documents as specified in section 6131.24 of the Revised Code. If the improvement requires both labor and material that is used in and remains a part of the improvement, the bids referred to in section 6131.37 of the Revised Code shall state …

Ohio Rev. Code Ann. § 6131.40 Acceptance of bids

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When the time has passed for the receiving of bids referred to in section 6131.37 of the Revised Code, the county engineer shall, as soon as is practicable, open, read aloud, and tabulate the bids and report them to the board of county commissioners with his recommendation of whi…

Ohio Rev. Code Ann. § 6131.41 Contracts for drainage improvement

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The acceptance of the bids in accordance with section 6131.40 of the Revised Code shall be approved by the board of county commissioners. Upon the acceptance of any bid for the whole or any part of an improvement, the bidder shall within ten days enter into a contract in writing …

Ohio Rev. Code Ann. § 6131.42 Actions against contractor and bondsmen

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Any owner who is assessed for the construction of any improvement may bring an action to enjoin the payment of any money owed a contractor who has not constructed the work according to the contract and specifications until the contractor has constructed the improvement according …

Ohio Rev. Code Ann. § 6131.43 Assessments for drainage improvements

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(A) Upon the completion of the work and the approval of it by the county engineer, the board of county commissioners shall order the county auditor to reduce pro rata the assessments confirmed by it by the difference between the estimated cost of the construction and the final co…

Ohio Rev. Code Ann. § 6131.45 Extending the contract time

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The time fixed in a contract for the performance of any work or the furnishing of any material, on good cause shown by affidavit, may be extended by the board of county commissioners with the approval of the county engineer for any definite period that it finds is reasonably nece…

Ohio Rev. Code Ann. § 6131.46 Supervision and inspection of county engineer or deputy

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All work on an improvement and all materials furnished for use therein shall be under the supervision and inspection of the county engineer or a deputy appointed by him for the purpose. All material furnished under the specifications and contract shall be inspected by him before …

Ohio Rev. Code Ann. § 6131.47 Notice to remove or alter obstruction

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(A) The county engineer shall evaluate all culverts and bridges, except those on state and federal highways, for adequacy of capacity, vertical and horizontal alignment, and stability. The county engineer shall schedule any bridge or culvert that does not conform with the design …

Ohio Rev. Code Ann. § 6131.50 General drainage improvement fund

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(A) The board of county commissioners of each county may provide and establish the "general drainage improvement fund," to be used as a sinking fund for all bonds issued under sections 6131.01 to 6131.64, inclusive, of the Revised Code. (B) The fund may consist of any of the foll…

Ohio Rev. Code Ann. § 6131.51 General drainage improvement fund payments

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(A) All costs and expenses of improvements under this chapter, including contract prices of construction and the costs of locating the improvement, may be paid from the general drainage improvement fund. (B) The letting and approving of any contract for an improvement shall be co…

Ohio Rev. Code Ann. § 6131.52 Tax levy for drainage improvements by county commissioners

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(A) If necessary, the board of county commissioners, each March, shall levy upon the grand duplicate of the county a tax, not to exceed five-tenths of one mill on the dollar, that is sufficient to pay for the location and construction of the portions of the respective improvement…

Ohio Rev. Code Ann. § 6131.53 Tax levy for drainage improvements by township trustees

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The board of township trustees of a township to which is apportioned by the board of county commissioners a portion of the expenses of the construction of an improvement shall levy annually upon the grand duplicate of the township a tax sufficient to pay said apportionment, but n…

Ohio Rev. Code Ann. § 6131.54 Tax levy for drainage improvements by board of education

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If it is a party to an improvement under sections 6131.01 to 6131.64, inclusive, of the Revised Code, the board of education of a school district interested in land granted by congress for the support of public schools, unless such land has been permanently leased, and of a schoo…

Ohio Rev. Code Ann. § 6131.55 Rights and remedies of owner who has not received notice

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(A) Any owner of land affected by an improvement who has not received notice thereof and has not had an opportunity to be heard as provided in this chapter or Chapter 6133., 6135., or 6137. of the Revised Code may bring an action in the court of common pleas of the county wherein…

Ohio Rev. Code Ann. § 6131.58 Fees

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The fees to be charged and collected for services required of any public officer under sections 6131.01 to 6131.64, inclusive, of the Revised Code, if not specifically otherwise designated, shall be the fees allowed for like services in that office. If he is an officer receiving …

Ohio Rev. Code Ann. § 6131.59 Drainage improvement - public watercourse

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When an improvement consisting of a ditch, drain, or watercourse has been established and constructed or used for seven years or more, it shall be considered to be a public watercourse notwithstanding any error, defect, or irregularity in the location, establishment, or construct…

Ohio Rev. Code Ann. § 6131.60 Personal interest of county commissioner

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If one or more members of a board of county commissioners are petitioners for an improvement or own land that will be taken, benefited, or damaged by the improvement petitioned for, the clerk of the board of county commissioners shall notify the judge of the court of common pleas…

Ohio Rev. Code Ann. § 6131.61 Oath of witnesses

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In any hearing provided for in sections 6131.01 to 6131.64, inclusive, of the Revised Code, before a board of county commissioners, at which testimony to determine any fact is to be received, an oath as in trials in the court of common pleas shall be administered to all witnesses…

Ohio Rev. Code Ann. § 6131.63 Written agreement for construction of drainage improvement

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(A) When one or more owners are willing to construct and pay the costs of a drainage improvement that will benefit the land of the owners, they may enter into a written agreement for the construction of the improvement, which may include each owner constructing part of the improv…

Ohio Rev. Code Ann. § 6131.631 New single span bridge or culvert or extension of existing culvert limiting future deepening of public watercourse

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(A) When construction of a new single span bridge or culvert or extension of an existing culvert that will limit the future deepening of a public watercourse is contemplated in connection with the construction of a state highway or other public improvement, the director of transp…

Ohio Rev. Code Ann. § 6131.64 Vacation of ditch or drain

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(A) Upon a petition being filed and a bond given as provided for the location and construction of an improvement, and upon the same proceedings with notice to interested parties for a hearing upon the petition, and with the same hearing as is provided for the location of an impro…

Ohio Rev. Code Ann. § 6133.01 Joint county drainage improvements definitions

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As used in this chapter: (A) "Owner," "person," "public corporation," "land," "benefit," and "improvement" have the same meanings as in section 6131.01 of the Revised Code. (B) "Lead county" means the county in which the majority of the initial length of a joint county drainage i…

Ohio Rev. Code Ann. § 6133.02 Hearing - filing petition

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(A) When an improvement is proposed to be located in or benefits or damages land in two or more counties, the proceeding shall be conducted by a joint board of county commissioners consisting of the members of the boards of county commissioners of the several counties in which la…

Ohio Rev. Code Ann. § 6133.03 Procedure of joint board

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(A) A joint board of county commissioners may do all the things that a board of county commissioners may do in a single county improvement, and shall be governed by and be subject to sections 6131.01 to 6131.64 of the Revised Code, relating to single county ditches insofar as app…

Ohio Rev. Code Ann. § 6133.04 Organization of joint board

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(A) On the date fixed by the clerk of the board of county commissioners with whom the petition was filed, the board of county commissioners from each of the counties affected by a proposed joint county improvement shall meet and organize a joint board of county commissioners by e…

Ohio Rev. Code Ann. § 6133.041 Conduct of proceedings using electronic means

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(A) Notwithstanding any other provision of this chapter or Chapter 6131. of the Revised Code to the contrary, a joint board of county commissioners, when practicable, may conduct meetings by video conference or, if video conference is not available, by teleconference. The joint b…

Ohio Rev. Code Ann. § 6133.05 Costs and expenses of joint board

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(A) As used in this section, "actual expenses" means the actual expenses of the members of the joint board of county commissioners for the performance of their duties at places other than in their own county. (B) If a petition filed under section 6133.02 of the Revised Code is di…

Ohio Rev. Code Ann. § 6133.06 Duties of clerk

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(A) Upon the filing of a petition under section 6133.02 of the Revised Code, the clerk of the board of county commissioners of the lead county shall call a joint meeting of the boards of county commissioners of all affected counties to be held at a designated place in the affecte…

Ohio Rev. Code Ann. § 6133.07 Duties of lead county auditor and lead county treasurer

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(A)(1) The county auditor and county treasurer of the lead county are the fiscal agents of all the counties interested in the proposed improvement. (2) The clerk of the joint board shall present bills for payment to the fiscal agents in the same manner as a request for payment wo…

Ohio Rev. Code Ann. § 6133.08 Field work and surveys

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(A) The county engineer of the lead county is responsible for the field work and shall make the survey, plans, and estimates for the joint drainage improvement. The county engineer of each affected county shall assist in making the reports and schedules. All reports and schedules…