Chapter 6131 | Single County Drainage Improvements

Section 6131.01 | Single county drainage improvement definitions.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

As used in sections 6131.01 to 6131.64 of the Revised Code:

(A) "Owner" means any owner of any right, title, estate, or interest in or to any real property and includes persons, partnerships, associations, private corporations, public corporations, boards of township trustees, boards of education of school districts, the mayor or legislative authority of a municipal corporation, the director of any department, office, or institution of the state, and the trustees of any state, county, or municipal public institution. "Owner" also includes any public corporation and the director of any department, office, or institution of the state affected by an improvement but not owning any right, title, estate, or interest in or to any real property.

(B) "Land" includes any estate or interest, of any nature or kind, in or to real property, or any easement in or to real property, or any right to the use of real property, and all structures or fixtures attached to real property, including but not restricted to all railroads, roads, electric railroads, street railroads, streets and street improvements, telephone, telegraph, and transmission lines, underground cables, gas, sewage, and water systems, pipe lines and rights of way of public service corporations, and all other real property whether public or private.

(C) "Improvement" includes:

(1) The location, construction, reconstruction, reconditioning, widening, deepening, straightening, altering, boxing, tiling, filling, walling, arching, or any change in the course, location, or terminus of any ditch, drain, watercourse, or floodway;

(2) The deepening, widening, or straightening or any other change in the course, location, or terminus of a river, creek, or run;

(3) A levee or any wall, embankment, jetty, dike, dam, sluice, revetment, reservoir, holding basin, control gate, breakwater, or other structure for the protection of lands from the overflow from any stream, lake, or pond, or for the protection of any outlet, or for the storage or control of water;

(4) The removal of obstructions such as silt bars, log jams, debris, and drift from any ditch, drain, watercourse, floodway, river, creek, or run;

(5) The vacating of a ditch or drain.

(D) "Person" means natural person, firm, partnership, association, or corporation, other than public corporations.

(E) "Public corporation" or "political subdivision" means counties, townships, municipal corporations, school districts, park districts, turnpikes, toll bridges, conservancy districts, and all other governmental agencies clothed with the power of levying general or special taxes.

(F)(1) "Benefit" or "benefits," except as ordered in section 6131.31 of the Revised Code, means advantages to land and owners, to public corporations as entities, and to the state resulting from drainage, conservation, control and management of water, and environmental, wildlife, and recreational improvements. Factors relevant to whether such advantages result include:

(a) The watershed or entire land area drained or affected by the improvement;

(b) The total volume of water draining into or through the improvement and the amount of water contributed by each land owner;

(c) The use to be made of the improvement by any owner, public corporation, or the state.

(2) "Benefit" or "benefits" includes, but is not limited to, any or all of the following factors:

(a) Elimination or reduction of damage from flooding;

(b) Removal of water conditions that jeopardize public health, safety, or welfare;

(c) Increased value of land resulting from an improvement;

(d) The use of water for irrigation, storage, regulation of stream flow, soil conservation, water supply, or any other incidental purpose;

(e) Providing an outlet for the accelerated runoff from artificial drainage if a stream, watercourse, channel, or ditch that is under improvement is called upon to discharge functions for which it was not designed. Uplands that have been removed from their natural state by deforestation, cultivation, artificial drainage, urban development, or other human methods shall be considered to be benefited by an improvement that is required to dispose of the accelerated flow of water from the uplands.

(G) "Environmentally significant areas" mean natural land or water areas that in some degree retain or have reestablished their natural character or have other features of scientific or educational interest such as rare or endangered plant and animal populations or geologic, scenic, or other natural features and, because of their values and functions, contribute to the community's general welfare.

(H) "Days" means calendar days.

Section 6131.02 | Authority of county commissioners to construct ditch improvements.

• Effective: April 9, 1981
• Latest Legislation: House Bill 268 - 113th General Assembly

When the board of county commissioners, at a regular or called session, upon the filing of a petition as provided in sections 6131.01 to 6131.64 of the Revised Code, finds that the granting of the petition and the construction of an improvement is necessary for disposal or removal of surplus water, for controlled drainage of any land, for irrigation, for storage of water to regulate stream flow or to prevent the overflow of any land in the county, or for water conservation, and further finds that the construction of the improvement will be conducive to the public welfare and that the cost of the proposed improvement will be less than the benefits conferred by its construction, the board of county commissioners may locate, construct, reconstruct, straighten, deepen, widen, alter, box, tile, fill, wall, dam, arch, change the course, location, or terminus of, straighten, deepen, remove obstructions from, or widen any ditch, drain, watercourse, floodway, river, creek, or run, or construct any levee, wall, embankment, jetty, dike, dam, sluice, revetment, reservoir, holding basin, control gate, breakwater, or other structure for control of water, or vacate any ditch or drain by proceedings as provided in sections 6131.01 to 6131.64 of the Revised Code.

Section 6131.03 | Co-ordinating system of water conservation and flood control.

• Effective: August 23, 1957
• Latest Legislation: House Bill 220 - 102nd General Assembly

Boards of county commissioners in their respective counties, or in co-operation with any conservancy district which includes all or part of the lands of the county, or in co-operation with the proper authorities of the state or the proper authorities of the United States, may formulate, create, and construct a complete or co-ordinating system of water conservation and flood control, subject to the approval of the proper authority of the state, with full power to maintain and carry the same forward. Said boards, severally and jointly and in co-operation with the board of county commissioners of any other county, or with a conservancy district, or with the state, or with the United States, may provide their respective shares of necessary funds in accordance with law for the cost and expense of the formulation, creation, construction, and maintenance of such water conservation or flood control system, which costs and expense shall include the cost and expense of all preliminary surveys necessary to the construction and maintenance of such water conservation or flood control system.

Section 6131.04 | Petition for construction of single county drainage improvement.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) Any owner may file a petition for the construction of a drainage improvement with the clerk of the board of county commissioners of the county in which is located a part of the land proposed to benefit from the improvement. Prior to filing a petition, the petitioner shall consult with the county engineer of the county in which the petition will be filed to discuss the proposed drainage improvement and to determine the proper forms and procedures for filing the petition.

(B) The petition shall state all of the following:

(1) The nature of the work petitioned for, which may include locating, cleaning, removing obstructions from, constructing, reconstructing, straightening, deepening, widening, altering, boxing, tiling, filling, walling, or arching any ditch, drain, watercourse, floodway, creek, run, or river; changing the course, location, or terminus thereof; or constructing a levee, wall, embankment, jetty, dike, dam, sluice, revetment, reservoir, holding basin, control gate, breakwater, or other structure for control of water;

(2) The course and termini of the proposed improvement and the branches, spurs, or laterals, if any are petitioned for;

(3) That the construction of the improvement is necessary and will benefit the petitioner;

(4) That all costs of engineering, construction, and future maintenance will be assessed to the benefiting parcels of land, except as ordered under an appeal filed in accordance with section 6131.31 of the Revised Code;

(5) A list of the names and addresses, where known, of all the owners of the land that the petitioner or the county engineer claims will be benefited or damaged by the construction of the proposed improvement, as determined by the county engineer.

(C) One or more owners must sign the petition as the petitioners. If the petitioner is a public corporation or the state, its authorized representative must sign the petition.

(D) If the petitioner is the county, the petition must be filed with the clerk of the court of common pleas without the bond required under section 6131.06 of the Revised Code, and the clerk and the court shall do all things that sections 6131.01 to 6131.64 of the Revised Code provide that the county commissioners shall do. The court of common pleas may appoint a board of three disinterested owners in the county and shall designate one of the persons to be chairperson. The appointed board shall hear and act on the petition in accordance with this chapter. Either party may appeal the board's decision to the court of common pleas.

Section 6131.05 | Petition amendments.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) Any benefiting owner may file an amendment to a petition for a drainage improvement that expands the length of the proposed improvement, provided that such amendment does not expand the area to be benefited by the proposed improvement. An owner shall file the amendment not more than twenty-one days after the date of the view. Such owner shall not propose an amendment that expands either the area or number of parcels to be benefited by the proposed improvement, but shall file a new petition regarding the proposal in accordance with section 6131.04 of the Revised Code.

(B) A benefiting owner shall file an amendment with the clerk of the board of county commissioners not more than twenty-one days after the view required by section 6131.07 of the Revised Code and shall include the information required by section 6131.04 of the Revised Code along with the amendment.

(C) If the petition was filed by the county under division (D) of section 6131.04 of the Revised Code, any proposed amendment to the petition shall be filed with the clerk of the court of common pleas or with the board appointed under that division. If the amendment is filed with the clerk of the court of common pleas, the court shall hear the amendment pursuant to the rules and laws relating to civil procedure.

Section 6131.06 | Bond to be filed with petition.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) The petitioner shall file with the petition referred to in section 6131.04 of the Revised Code a bond in the sum of one thousand five hundred dollars, plus the sum of five dollars for each parcel of land in excess of two hundred parcels that are listed in the petition as lands that will benefit from the improvement.

(B) The bond shall be made payable to the county, to the credit of the general drainage improvement fund or a special fund created for the proposed improvement, and conditioned to pay all costs associated in preparing for the view and first hearing if the petition is not granted or if the petition is for any cause dismissed.

(C) The clerk of the board of county commissioners shall release the bond at the expiration of the thirty-day appeal period provided for in section 6131.25 of the Revised Code after an order to proceed with the project by the board at the first hearing or at the termination of the appeal.

Section 6131.061 | Record keeping.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) The clerk of the board of county commissioners shall maintain a file for the proposed improvement containing a record of the petition, amendments, comments, notices, proceedings, resolutions, orders, and any other record regarding the proposed improvement that is filed with the board.

(B) The county engineer shall maintain a file for the proposed improvement that contains a record of the petition, amendments to the petition, all reports, estimates, surveys, maps, plans, drawings, schedules, and other documents prepared for the proposed improvement by the engineer or the engineer's designee, and any reports of the director of natural resources, director of transportation, and directors of any conservancy districts.

(C) After the final hearing of the board of county commissioners, or after the final judgment, order, or decree has been rendered upon any appeal, the clerk of the board of county commissioners shall file with, and may transfer to, the county engineer the file maintained pursuant to division (A) of this section. Upon receiving the file, the county engineer shall maintain the file as the permanent project file, together with an annual record of maintenance and repairs for the improvement.

(D) The county auditor shall maintain a record of the estimated and final assessments levied for the improvement, and the schedules of payments for compensation and damages.

Section 6131.07 | Notice and hearing on petition.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) When a petition is filed under section 6131.04 of the Revised Code with the clerk of the board of county commissioners, the clerk shall give notice of the petition to the board of county commissioners and the county engineer.

(B) The board of county commissioners shall do both of the following:

(1) Establish a date and hour for a view of the proposed improvement, which shall be between thirty and one hundred twenty days after the date on which the petition was filed with the clerk;

(2) Establish a date and hour between thirty and ninety days after the date set for the view, when it will hold its first hearing on the petition.

(C) At least twenty-one days prior to the date set for the view, the clerk shall send a written notice to the owners named in the petition and of legal record on the date of its filing. The clerk shall include all of the following in the notice:

(1) The date, time, and location for the view and the first hearing;

(2) A description of the proposed improvement and its location as stated in the petition, a map indicating the location of the proposed improvement or information on where to access such map, and an explanation of how to access additional information or ask questions about the proposed improvement;

(3) A statement that all costs of engineering, construction, and future maintenance will be assessed to the benefiting parcels of land;

(4) A statement that an owner may file, not more than twenty-one days after the date of the view, an amendment to the petition that expands the length of the proposed improvement, provided that such amendment does not expand the area to be benefited by the proposed improvement;

(5) A statement that an owner receiving the notice may comment on the proposed improvement in writing before or in person at the public hearings on the petition;

(6) The address at which to file an amendment to the petition or submit written comments on the proposed amendment or the petition.

(D) The clerk shall notify all owners that are adjacent to the proposed improvement by certified mail and shall notify all other owners by certified mail or first class mailings. The words "Legal Notice of Proposed Drainage Improvement" shall be printed in plain view on the face of the envelope. When the owner is not a natural person, the notice shall be mailed to its chief officer or managing agent at the usual place of business in the county. If such an owner is a foreign or domestic railroad company, regardless of whether the charter thereof prescribes the manner or place of service of process thereon, the notice shall be addressed to the property owner of record as listed by the county auditor on the general tax list. If such an owner other than a railroad company does not maintain a regular place of business in the county, then the notice shall be mailed to the nearest regular place of business of such an owner.

(E) The clerk shall publish a legal notice in at least one newspaper of general circulation in the area affected by the proposed improvement, stating the name and number, if any, of the proposed improvement, the location and nature of the work proposed in the petition, and the date, time, and location of the view and first hearing. If the individual notices are sent by certified mail, the clerk shall publish the notice in one issue of such newspaper, and shall not publish the notice less than thirteen days prior to the date of the view. If the individual notices are sent by first-class mail in five-day return envelopes, the clerk shall publish the newspaper notice in two issues of the newspaper, and the notice shall include a list of the names of all addressees whose individual notices were undelivered. The clerk shall publish the first such publication not be less than thirteen days prior to the date of the view, and the second publication not be less than six days prior to the date of the view. The publication shall serve as public notice to all owners of the pendency of the improvement whether or not they were individually named and notified.

Proof of notice by publication shall be verified by affidavit of the printer or other person knowing the fact, and the clerk of the board of county commissioners shall prepare a certificate showing the service of the notices by mail, both of which shall be filed with the clerk of the board of county commissioners on or before the day of the first hearing. Notices returned undelivered and receipts shall be kept on file by the clerk as part of the permanent record of the improvement.

Section 6131.08 | Comments on petition.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

Any owner who has not joined in a petition filed in accordance with section 6131.04 of the Revised Code may comment on the proposed improvement at any time before a final order on the petition is made by the board of county commissioners. Comments may be made in person at the public hearings on the petition or by filing written comments with the clerk of the board of county commissioners.

Section 6131.09 | Preliminary report by county engineer.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) Upon receiving the notice required under division (A) of section 6131.07 of the Revised Code, the county engineer shall prepare a preliminary report on the proposed improvement, which shall include all of the following:

(1) A preliminary estimate of the cost of the proposed improvement;

(2) Comments on the feasibility of the project;

(3) A statement of the engineer's opinion as to whether benefits from the project are likely to exceed the estimated cost;

(4) A list of factors apparent to the engineer, both favorable and unfavorable to the proposed improvement.

(B) In addition to reporting on the improvement as petitioned, the engineer may submit alternate proposals to accomplish the intent of the petition.

(C) The county commissioners may require the county engineer to file any additional preliminary reports that in the opinion of the board will serve as a guide to the board and the petitioners in deciding whether to proceed with the proposed improvement.

(D) The costs incurred by the engineer in making preliminary reports may be paid from the bond of the petitioners if the petition is dismissed at the first hearing, and any amount in excess of the bond shall be paid from county funds. If the engineer's costs are not paid from the petitioners' bond, they shall be paid from county funds.

Section 6131.10 | Viewing of premises.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) On the date established for the view of a proposed improvement, the county engineer or its designated representative shall present an overview of the proposed improvement, using methods and means that the board of county commissioners determines will adequately inform those attending the view about the proposed improvement's location and the drainage issues intended to be addressed by the proposed improvement.

(B) Upon a request made by a commissioner or an owner in the area to be benefited by the proposed improvement, the board of county commissioners shall recess the view and reconvene it at a site along the proposed improvement for the purpose of gaining additional information about the drainage issues intended to be addressed by the proposed improvement.

(C) If the area to be viewed is extensive, the board of commissioners may conduct the view on more than one day and may adjourn from day to day, or a longer period, until the view is completed.

Section 6131.101 | First hearing on petition for proposed drainage improvement.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) At the first hearing on a petition for a proposed improvement, the board of county commissioners shall do both of the following:

(1) Hear the preliminary report of the county engineer required under section 6131.09 of the Revised Code;

(2) Hear any evidence offered by any owner for or against the granting of the proposed improvement or for or against the granting of any laterals, branches, spurs, or change of route, course, termini, or manner of construction described in the petition or in any amendment.

(B) If necessary, the board of county commissioners may recess and continue the hearing on subsequent days as may be reasonable to consider additional information about the proposed improvement or so that all interested owners may have an opportunity to comment on the proposed improvement.

(C) At the conclusion of the first hearing, the board shall vote to determine whether to proceed with the project survey and design or to dismiss the petition, taking into consideration the petition, the preliminary report, and comments on the proposed improvement.

Section 6131.11 | Dismissal of petition - appeal.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) If the board of county commissioners finds at the conclusion of the first hearing for a proposed improvement that a proposed improvement is not necessary, will not be conducive to the public welfare, or that the estimated cost of the proposed improvement will exceed the benefits to be derived if it is constructed, the board shall dismiss the petition for the proposed improvement and enter its findings upon its journal.

(B) Any owner who is affected by the order of dismissal may appeal to the court of common pleas of the county in which the petition was filed, as provided in sections 6131.12 to 6131.64 of the Revised Code. If no appeal is filed within thirty days pursuant to section 6131.25 of the Revised Code, the bond shall cover all the costs incurred in the proceedings. Any remaining funds from the bond shall be returned to the petitioner.

(C) An order issued by the board under this section is effective on the day of the hearing at which the board issued it.

Section 6131.12 | Grant of petition.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) At the conclusion of the first hearing on a petition for a proposed improvement, the board of county commissioners may decide to proceed with the project survey and design for a proposed improvement if the board finds all of the following:

(1) That a proposed improvement is necessary;

(2) That the proposed improvement is conducive to the public welfare;

(3) That it is reasonably certain that the benefits of the proposed improvement will outweigh its costs.

(B) The board shall give consideration to the protection of environmentally significant areas when those areas could be adversely affected by the construction of the proposed improvement and, if necessary, to alternative plans providing for that protection as well as for construction of the proposed improvement.

(C) After deciding to proceed with a petition for a proposed improvement, the board shall do all of the following:

(1) Determine the route and termini of the proposed improvement and of the branches, spurs, and laterals thereof and the manner of constructing the same. The board, without request or application, may by its order change either terminus of the proposed improvement or the route thereof if it finds that the change is necessary to accomplish the purposes of the improvement.

(2) Order the county engineer to prepare the reports, plans, and schedules as provided in this chapter.

(3) Set a date for the filing of reports, plans, and schedules by the engineer, allowing such time as is necessary for the preparation of the reports, plans, and schedules by the engineer, and such time may be extended from time to time by the board.

(D) After the thirty-day period for appeal provided under section 6131.25 of the Revised Code has expired and no appeal has been filed, the board may order the county auditor to transfer funds of the county not otherwise appropriated to the appropriate drainage improvement fund. The board shall not appropriate an amount that exceeds twenty-five per cent of the engineer's preliminary cost estimate.

(E) If the board decides to proceed with a petition for a proposed improvement, and if the improvement is being undertaken through the joint efforts and cooperation of the board and any federal or state agency, and if the federal regulations, state agency rules, or other procedures of the cooperating agency are in conflict with Chapter 6131. of the Revised Code with respect to the procedures for the preparing of contracts, the issuing of bids, the making of awards, and generally the administering of the contracts, the board may adopt the federal regulations, state agency rules, or procedures in those areas where conflict exists and proceed with the improvement in accordance with the requirements of the federal regulations, state agency rules, or procedures.

(F) The board shall enter all of its findings and orders in the board's journal. An order issued by the board under this section granting the intent of the petition is effective on the day of the hearing at which the board issued it.

Section 6131.13 | Consolidation of petitions.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

The board of county commissioners, on application of owners interested or at its own discretion, may consolidate and treat as a petition for one improvement petitions pending at the same time for two or more separate improvements which connect with each other, or which serve common territory, or which can readily be combined into one system. In case of such consolidation, the board shall enter its action upon its journal, and if necessary, it shall order the county engineer to re-estimate and make such further reports and schedules as are necessary upon its order consolidating the improvements. If two or more improvements are consolidated, the proceedings after consolidation shall be the same as if all the matters were petitioned for in one petition.

Section 6131.14 | County engineer's duties.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 engineer.

(B) The county engineer shall do all of the following:

(1) Conduct all necessary surveys for the proposed improvement;

(2) Prepare plans for structures;

(3) Create maps showing the location of the land proposed to be assessed;

(4) Prepare construction drawings of the improvement;

(5) Prepare an estimate of the cost of the improvement, which shall include actual construction cost, the cost of engineering, the cost of the first year maintenance, and the cost of notices, publication, and other incidental expenses. If applicable, the engineer may recommend the maintenance district in which the improvement shall be placed. The assessment of the improvement for maintenance for one year shall be credited to the maintenance fund of the district.

(6) Prepare a schedule of damages that includes both of the following:

(a) An estimate of the value of land or other property necessary to be acquired through purchase or voluntary transfer or appropriated in accordance with section 163.01 to 163.62 of the Revised Code, and a description of that land or other property;

(b) An estimate of the total damages to be sustained by owners as a result of the construction and subsequent maintenance of a proposed improvement, along with the name and address of each owner that is alleged to be damaged, the amount of each owner's estimated damages, and an explanation of each owner's injury.

(C) The county engineer shall make a plan of the work proposed to be done, which shall show the grade, the depth, the excavating to be done, the location of the permanent bench marks and their actual elevation based on the most recent United States geological survey data above or below the base elevation used, and such other data as in the judgment of the engineer will aid in retracing lines, levels, or other features of the improvement. The plan shall indicate the profile and the nature of the excavation.

(D)(1) The engineer shall transmit copies of the construction drawings to the director of natural resources, the director of transportation when a state highway is affected, and the board of directors of any conservancy district within which any part of the lands or streams affected by the proposed improvement may lie.

(2) The director of natural resources, the director of transportation, and the board of directors of the conservancy district shall review the plans submitted and within thirty days file with the county engineer a report indicating approval or, in case that approval cannot be given, a report with recommendations.

(3) The approval or report with recommendations, which, where appropriate, shall include recommendations regarding the use of best management practices that are consistent with the prayer of the petition, shall be transmitted by the engineer to the board of county commissioners, who shall take notice of the approval or recommendations and shall authorize the engineer to make any changes or alterations that in the judgment of the board are necessary or desirable.

(4) Upon receipt of approval of the plans by the director of natural resources, the director of transportation, and the board of directors of any conservancy districts affected, or upon completion of any changes authorized by the board of county commissioners, the engineer shall file the construction drawings with the clerk of the board of county commissioners.

(E) The engineer shall prepare specifications for the construction of the improvement that include all of the following:

(1) The route of an improvement, which, as practicable as possible, shall be located to avoid running the improvement diagonally across property and to follow property lines, section lines, and lines of public highways. However, where the line of a public street or highway is followed, approval must be obtained from the governmental entity owning the street or highway.

(2) The width of the temporary easement for construction required for the improvement. The specifications shall require the temporary easement to include spreading and leveling of spoil banks and shall prohibit the temporary easement from being more than seventy-five feet from the top of the bank.

(3) The width of the permanent easement required for the improvement. The specifications shall provide for erosion and sediment control through the establishment of a sod or seeded strip not fewer than ten feet nor more than fifteen feet wide, measured at right angles to the top of the ditch bank, on both sides of the ditch, except where suitable vegetative cover exists. The strip or other such controls shall be considered a part of the permanent improvement.

(F) The county engineer shall provide to the county auditor the acreages of sod or seeded strips established under this section and the county auditor shall remove the entire amount of each sod or seeded strip from the taxable valuation of the property of which they are a part.

(G) The engineer shall make a note of all fences, floodgates, culverts, or bridges that will be removed in constructing the improvement and of all culverts or bridges that must be adjusted or the channel of which must be enlarged to construct the improvement.

(H) In estimating the cost of an improvement, the engineer may include the cost of installing gates in fences on the reserved right-of-way where needed to provide access for maintenance. The gates shall be kept locked when requested by the owner and shall be considered a part of the original improvement and subject to maintenance as provided by Chapter 6137. of the Revised Code.

(I) The engineer shall make an estimate of the cost of inspecting the work as it progresses and shall, with the assistance of the prosecuting attorney, prepare forms for contracts with bidders and forms of bid guaranties that meet the requirements of section 153.54 of the Revised Code.

(J) Upon the acceptance of the contract work, the engineer shall file with the county recorder all of the following:

(1) A property plat showing the owners of record and parcel numbers along the drainage improvement;

(2) The location of the improvement;

(3) A statement describing the width of the permanent easement for maintenance as provided for in section 6137.12 of the Revised Code;

(4) An affidavit listing the owners of record, complete property descriptions, and parcel numbers subject to the permanent easement. The engineer shall note the property plat in the affidavit.

The engineer shall include the permanent easement in the county's geographic information systems or other mapping system, if available.

The engineer shall make an itemized bill of the costs and expenses incurred in the proper discharge of duties set forth in this section and shall file the maps, profiles, plans, schedules, and reports with the clerk of the board of county commissioners upon completing them.

Section 6131.15 | Schedule of assessments.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 from the tax duplicates of the county. The engineer shall obtain the description from the county recorder's office. For purposes of the description the county recorder shall not require a metes and bounds survey.

(2) The amount of the estimated assessment to be assessed to each tract of land. An assessment shall not be less than ten dollars. The total amount of the estimated assessments, including the total estimated assessments allocated to public corporations and the state, shall equal the estimated cost of the proposed improvement.

(3) An explanation of each assessment that is for purposes other than drainage;

(4) The benefits accruing to political subdivisions and any department, office, or institution of the state. The engineer shall determine the estimated cost of the improvement that each political subdivision and any department, office, or institution of the state shall be assessed by reason of the benefit to public health, safety, convenience, the environment, wildlife, recreation, and welfare, or as the means of improving any street, road, or highway under the control or ownership of any political subdivision or any department, office, or institution of the state, or for benefit to any land owned by any public corporation or any department, office, or institution of the state. The engineer shall prepare a schedule of assessments containing the name and address of each political subdivision and each department, office, or institution of the state so benefited, the amount of the estimated assessment, and an explanation of the assessment if the assessment is for purposes other than drainage.

(B) In calculating each estimated assessment, the county engineer shall do both of the following:

(1) Use the information compiled in accordance with divisions (B)(5) and (6) of section 6131.14 of the Revised Code;

(2) Consider the following factors:

(a) Acreage of a parcel;

(b) Volume of water produced by a parcel;

(c) Remoteness of the parcel to the improvement;

(d) Percentage of the improvement used by the parcel;

(e) Work determined to benefit that particular parcel only and not the remainder of parcels in the watershed;

(f) Soils;

(g) County auditor's land value or current agricultural use value, if applicable;

(h) Existing drainage infrastructure that can be incorporated into the improvement and associated cost savings;

(i) Any other factors pertinent to that particular petition and watershed;

(j) Any benefits as defined in section 6131.01 of the Revised Code.

(C) The county engineer, in making the estimate of the amount to be assessed each tract of land, each political subdivision, and the state in accordance with this section, and the board of county commissioners, in amending, correcting, confirming, and approving the assessments in accordance with section 6131.22 of the Revised Code, shall levy the assessments according to benefits. Each tract of land and political subdivision affected by an improvement and the state shall be assessed in the proportion that each is benefited by the improvement, as "benefit" and "improvement" are defined in section 6131.01 of the Revised Code, and not otherwise.

Section 6131.16 | Notice of assessments and final hearing.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 ninety days thereafter when a final hearing on the report shall be held.

(B) At least twenty-one days prior to the date established for the hearing, the clerk shall provide notice to all owners that are adjacent to the proposed improvement by certified mail and to all others in the area to be benefited by the proposed improvement by certified or first class mail. The clerk shall ensure that the words "Legal Notice of Proposed Drainage Improvement" are printed in plain view on the face of the envelope. The clerk shall send the notice to all the owners whose names appear in the engineer's schedules of assessments and damages. The clerk shall mail the notice to each address as given in the petition or to such address as the clerk learns to be the correct address, as provided in section 6131.07 of the Revised Code. If the schedule of assessments or the schedule of damages filed by the engineer contains the names of owners other than those mentioned in the petition, the clerk shall mail the notice to those owners. The clerk shall include in the notice all of the following:

(1) An owner's estimated assessment, the estimated damages, if any, and of any compensation for land or other property necessary to be taken on each tract of land owned by the owner, as estimated and described in the schedules;

(2) The date, time, and location of the final hearing by the board on the report of the engineer and on the proceedings for the improvement;

(3) A statement that an owner may file an exception to the assessments or a claim for compensation or damages with the clerk of the board of county commissioners not less than five days before the date fixed for the final hearing;

(4) A statement that if bonds or notes are to be issued, an owner may pay an assessment in cash by giving notice to do so on a form proscribed by the board of county commissioners not more than twenty-one days after the final hearing or that an owner may pay the assessments in installments payable with interest added at the same rate that bonds or notes bear interest.

(C) The clerk shall cause to be published a legal notice in at least one newspaper of general circulation in the area affected by the improvement, stating the name and number, if any, of the proposed improvement, the location and nature of the work proposed in the petition, and the date, time, and location of the final hearing. The publication of this notice shall be made in one issue of the newspaper if the individual notices are sent by certified mail. If the individual notices are sent by first-class mail in five-day return envelopes, the publication of this newspaper notice shall be made in two issues of the newspaper, and the notice shall include a list of the names of all addressees whose individual notices were undelivered. The publication shall be not fewer than thirteen days prior to the date of the final hearing. The publication shall serve as public notice to all owners of the substance of the proposed improvement and of the pendency of the final hearing of the board of county commissioners in the proceedings to authorize the construction of the proposed improvement whether or not they were individually named and notified.

Proof of notice by publication shall be verified by affidavit of the newspaper and the clerk of the board of county commissioners shall prepare a certificate showing the service of the notices by mail, both of which shall be filed with the clerk of the board of county commissioners on or before the day of the final hearing. If any notices are returned undelivered, the clerk shall keep the returned undelivered notices and their receipts with the permanent file of records required under section 6131.061 of the Revised Code.

Section 6131.17 | Exceptions to engineer's schedules of assessments.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) An owner may file an exception to the county engineer's schedules of assessments or file a claim for damages or compensation with the clerk of the board of county commissioners not less than five days before the date of the final hearing in the proceedings to construct the improvement.

(B) An owner shall include with an exception or claim for compensation or damage the nature of the exception or claim, the amount claimed, if any, and the identity of the property claimed to be taken or damaged.

Section 6131.19 | Hearing on compensation or damages.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

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

(B) Upon consideration of all the evidence, the county engineer's schedule of estimated damages, and a view of the affected property, if the board desires a view, the board shall determine the amount of damages for each claim filed by an owner, and shall also determine the value of any land or any other property to be taken for the proposed improvement.

(C) If the board of county commissioners awards additional compensation to any owner, the board shall order the county engineer to prepare new assessments for the proposed improvement and the clerk of the board shall notify all owners of the new assessments pursuant to section 6131.16 of the Revised Code.

(D) An owner may appeal an order of the board of county commissioners concerning a claim for compensation or damages as provided in this chapter.

Section 6131.20 | Final hearing.

• Effective: August 23, 1957
• Latest Legislation: House Bill 220 - 102nd General Assembly

At the final hearing on a proposed improvement, the board of county commissioners shall hear any application that is filed for a change of the route or course of the proposed improvement, or of either terminus thereof, from that shown in the report of the county engineer. The board may hear any application to make any change in the nature, kind, or extent of the work proposed to be done, as shown in the report of the engineer. If the board finds that such changes will better accomplish the purpose and object of the proposed improvement, it may make such change. If a change is made in the plan, or if the damages and compensation allowed by the board exceeds the estimate of damages filed by the engineer, thereby increasing the cost of the improvement, the final hearing shall be continued until the engineer makes proper schedules, which will include such changes. Before proceeding to make such change, all owners who will be affected thereby shall be notified of such proposed change, in the manner provided in sections 6131.01 to 6131.64, inclusive, of the Revised Code.

Section 6131.21 | Factors to be considered by commissioners at final hearing.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) At the final hearing on a proposed improvement, after hearing all the evidence offered in the proceedings and after receiving and considering all the schedules, plans, and reports filed by the county engineer, the board of county commissioners shall review its former order to proceed with project survey and design for the proposed improvement and shall either affirm its former order and proceed to confirm the assessments and order the letting of the contract or shall set aside its former order and dismiss the petition.

(B) In determining whether or not the improvement should be granted, the board shall consider the following factors:

(1) The cost of location and construction;

(2) The compensation for land or other property necessary to be taken;

(3) The effect on land along or in the vicinity of the route of the improvement;

(4) The effect on land below the lower terminus of the improvement that may be caused by constructing the improvement;

(5) The sufficiency or insufficiency of the outlet;

(6) The benefits to the public welfare;

(7) The benefits to land, public corporations, and the state needing the improvement;

(8) Any other proper matter that will assist the board in finding for or against the improvement.

(C) The board shall set aside the former order and dismiss the petition if the board finds any of the following:

(1) That the cost of the improvement will be equal to or greater than the benefits that will be derived from the improvement if constructed;

(2) That the improvement is not necessary;

(3) That the improvement will not be conducive to the public welfare.

(D) If the board dismisses the petition for a proposed improvement at the final hearing, all costs for the proceedings, including the costs incurred by the engineer in making surveys, plans, reports, and schedules, may be distributed to the benefiting landowners in the same ratio as determined by the engineer in the final estimated assessments presented at the final hearing.

If the costs are not distributed to the benefiting landowners, the costs must be paid from county funds.

(E) The petitioner, or any owner in favor of the improvement, may appeal from the order of dismissal, as provided in section 6131.25 of the Revised Code.

(F) An order issued by the board under this section is effective on the day of the hearing at which the board issued it.

Section 6131.22 | Approval and confirmation of assessments.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

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

(B)(1) The board, from the evidence offered and from an actual view of the premises, shall amend and correct the assessments, and the assessments so amended or corrected shall be approved by the board.

(2) An assessment for benefits to the general public because the improvement is conducive to the public welfare shall be paid by the public and shall be assessed against the county payable from the general fund.

(3) An assessment found to benefit state roads or highways shall be assessed against the state payable from motor vehicle revenues.

(4) An assessment found to benefit county roads or highways shall be assessed against the county payable from motor vehicle revenues.

(5) An assessment found to benefit any political subdivision of the state shall be assessed against the political subdivision and shall be paid out of the general funds or motor vehicle revenues of the political subdivision, except as otherwise provided by law.

(C) Upon approving the assessments, the board shall do all of the following:

(1) Order the engineer to receive bids for the construction of the proposed improvement, and fix the date, time, and place for the receiving of bids, which shall be not less than thirty days after the date of the order;

(2) Determine when the assessments must be paid;

(3) Determine whether bonds or notes must be issued in anticipation of and payable out of the installments of assessments.

(D) The board shall enter the orders approving the assessments, the order requiring the engineer to receive bids, and any other orders made at the final hearing in its journal. The clerk of the board of county commissioners shall immediately transmit to the county auditor the schedules listing all assessments as approved by the board.

(E) Any owner opposed to the granting of the petition, or any owner opposed to further proceedings in the improvement, or any owner who claims that the assessment levied against the owner is excessive or is not in proportion to benefits, may appeal from any order made pursuant to this section, as provided in section 6131.25 of the Revised Code.

(F) An order issued by the board under this section is effective on the day of the hearing at which the board issued it.

Section 6131.23 | Semiannual installments for payment of assessments.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) The assessments estimated in accordance with section 6131.14 of the Revised Code shall be payable in not less than two semiannual installments. At the time of the final hearing, in the order approving the levying of the assessments, the board of county commissioners shall determine how long a period of time, in semiannual installments, as taxes are paid, shall be given the owners of land benefited to pay the assessments that are made for an improvement and whether or not bonds or notes shall be issued and sold in anticipation of such payments. If bonds or notes are to be issued, the interest shall be added to the assessments.

(B) If the estimated cost of the improvement does not exceed five hundred dollars, not more than two semiannual installments, as taxes are paid, shall be given to owners of lands benefited to pay the assessments that are made for the improvement. If the estimated cost of the improvement exceeds five hundred dollars, the board may determine the number of installments in which the assessments are to be paid. If any such assessment is twenty-five dollars or less, or whenever the unpaid balance of any such assessment is twenty-five dollars or less, the same shall be paid in full, and not in installments, at the time the first or next installment would otherwise become due.

(C) When assessments are payable in installments and county general funds are used to pay for the improvement, the assessment shall not exceed thirty semiannual installments and shall be payable upon completion of the contract.

(D) When assessments are made payable in installments and bonds or notes have been sold to pay for the improvement, interest shall be added to the installments of assessments at the same rate as is drawn by the bonds or notes issued to pay for the improvements. Any owner may pay the estimated assessments on the owner's land in cash within thirty days after the final hearing without paying any interest thereon. If the legislative authority of a political subdivision chooses to pay the assessments on all parcels within the subdivision, both public and private, in one installment, it shall pass a resolution so stating and shall send the resolution, or a copy thereof, to the board of county commissioners before making the payment. The legislative authority shall pay all subsequent maintenance assessments levied under section 6137.03 of the Revised Code if it chooses to pay the construction assessments on all parcels within the subdivision.

(E) Bonds may be sold for any repayment period that the board of county commissioners may determine proper, not to exceed thirty semiannual installments.

Section 6131.24 | Preliminary steps for receiving bids for drainage improvements.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

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

(B) If an appeal has been taken to the court of common pleas, as provided in section 6131.25 of the Revised Code, the bids may be received and tabulated, but the bid guaranties with the bids shall immediately be returned to the bidders, and no further steps shall be taken on the bids.

Section 6131.25 | Appeals.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

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

(1) Is the improvement necessary?

(2) Will the improvement be conducive to the public welfare?

(3) Is the cost of the improvement greater than the benefits conferred?

(4) Is the route, termini, or mode of construction the best to accomplish the purpose of the improvement?

(5) Are the assessments levied according to benefits?

(6) Is the award for compensation or damages just?

(B) The appeal may be taken from any order affecting any part of the improvement as well as from any order affecting the entire improvement.

Section 6131.27 | Transcript of order for drainage improvement.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

If an appeal is filed pursuant to section 6131.25 of the Revised Code, the clerk of the board of county commissioners shall promptly prepare a transcript of the orders made by the board of county commissioners, and shall file such transcript with the clerk of the court of common pleas, together with the permanent files of records of the proceedings maintained by the board of county commissioners and county engineer as required under section 6131.061 of the Revised Code.

Section 6131.28 | Joinder and separation of appeals.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

Several owners may appeal from the orders in the same improvement. If several owners appeal, only one transcript need be made by the clerk of the board of county commissioners. All the appeals shall be filed in one action in the court of common pleas, which court, on any appeal, may separate for hearing or trial the issues appealed to said court, and render its order, judgment, or decree upon the issues as the same are determined. The case on appeal shall be advanced, or tried as soon as the court can hear it.

Section 6131.30 | Appeal procedure in common pleas court.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(A) The court of common pleas, on appeal, shall hear the matters appealed de novo. The court, exercising equitable jurisdiction, shall bring the entire proceedings before it in order to determine all the issues raised in the proceedings and enter a final judgment, order, or decree for or against the improvement petitioned for and for or against the assessments to be levied and the compensation and damages to be paid.

(B) If the court orders the county engineer to make a survey and file the engineer's reports, plans, and schedules, the court also shall enter an order for transfer from the general revenue funds of the county to the general drainage improvement fund a sum of not more than twenty-five per cent of the engineer's preliminary estimate.

Section 6131.31 | Procedures for findings on appeal.

• Effective: April 9, 1981
• Latest Legislation: House Bill 268 - 113th General Assembly

(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 feasibility of the project, but without a survey having been made by the county engineer and without any of the schedules, plans, or reports having been filed by the engineer, finds that the construction of the improvement is not necessary or will not be conducive to the public welfare or that the cost will probably exceed the benefits, the court need not order a survey of the improvement, shall find against the improvement, and shall dismiss the petition therefor. The costs before the board shall be paid by the petitioner. The cost in the court shall be paid by the appellant.

(B) If the appeal is from an order of the board made at the first hearing of the board dismissing the petition, and if the court orders the engineer to make a survey and to file his reports, plans, and schedules, and if from the reports, plans, and schedules and from all evidence adduced the court finds that the improvement is not necessary or will not be conducive to the public welfare or that the cost of the improvement will be more than the benefits conferred by the construction of the improvement, then the court shall find against the improvement and shall dismiss the petition therefor, and all costs before the board shall be paid by the petitioner. All costs in the court shall be paid by the appellant except the costs of the engineer in making his survey, reports, plans, and schedules. The costs incurred by the county engineer shall be paid from county funds.

(C) If the appeal is from an order of the board made at the first hearing of the board dismissing the petition, the court sitting as a court of equity before finding for the petition shall order the engineer to make his survey, reports, plans, and schedules as provided in sections 6131.01 to 6131.64 of the Revised Code and to file the same with the clerk of the court of common pleas. Before the court finds for the improvement, the clerk shall notify all owners as named in the schedules of assessments and damages by mail and by publication, as provided in sections 6131.01 to 6131.64 of the Revised Code. The notice shall be the same as the notice given when the schedules are filed with the clerk of the board of county commissioners, except that the notice shall state the date and time of the hearing in the court of common pleas, and proof of the notice shall be made by the certificate of the clerk of the court. If from the evidence adduced and the schedules filed the court finds that the improvement is necessary and will be conducive to the public welfare and that the cost of the improvement is less than the benefits that will be derived by the construction of the improvement, the court may find for the improvement and proceed to hear the evidence relating to the assessments, compensations, and damages and shall modify, correct, and confirm the schedules relating thereto. The court shall fix the time for the trial of claims for compensation or damages, and the claims shall be tried by a jury unless trial by jury is waived. The compensation or damages awarded shall be paid as provided in sections 6131.01 to 6131.64 of the Revised Code. The court shall order the clerk to certify a transcript of the findings and judgments, together with all the original papers filed in the court, to the clerk of the board of county commissioners, who shall enter the court's orders in the board's journal and transmit the schedules to the county auditor. The engineer, the auditor, and the board shall proceed with the letting of the contract, the construction of the improvement, and the collecting of the assessments in the same manner as if the board had approved and confirmed the assessments and ordered the letting of the contract. All costs before the board, the costs of the engineer in making his survey, reports, plans, and schedules, and all costs on appeal shall be a part of the costs of constructing the improvement.

(D) If the appeal is taken to the court from an order of the board dismissing the proceedings at the final hearing, and if the court finds that the construction of the improvement is necessary and will be conducive to the public welfare and that the cost of the improvement is less than the benefits to be derived by the construction of the improvement, the court may find in favor of the improvement and shall hear the evidence relating to the assessments, compensations, and damages and shall approve, correct, and confirm the schedules relating thereto. Before the court finds for the improvement, the clerk shall notify all owners named in the schedules of assessments and damages by mail and by publication as provided in sections 6131.01 to 6131.64 of the Revised Code. The notice shall be the same as the notice given when the schedules are filed with the clerk of the board of county commissioners, except that the notice shall state the date and time of hearing in the court of common pleas, and proof of the notice shall be made by certificate of the clerk of the court. The schedules so approved, corrected, and confirmed together with the proceedings in the court shall be certified by the clerk of the court of common pleas to the clerk of the board of county commissioners, who shall enter the court's orders on the board's journal and transmit the schedules to the county auditor. The engineer, the auditor, and the board shall proceed to let the contract for the construction of the improvement and to levy and collect the assessments as if no appeal had been taken, and all the costs before the board and all costs on appeal shall be a part of the costs of the improvement.

(E) If the appeal is taken to the court from an order of the board dismissing the proceedings at the final hearing, and if the court finds that the improvement is not necessary or is not conducive to the public welfare or that the cost of the improvement will be more than the benefits, the court shall dismiss the proceedings. All the costs before the board shall be paid pursuant to section 6131.21 of the Revised Code.

(F) If the appeal is from a final order of the board finding in favor of the improvement and approving and confirming the assessments, and if the court finds that the improvement is necessary and will be conducive to the public welfare and that the cost thereof will be less than the benefits, the court shall hear all the matters appealed, shall correct and confirm the assessments according to benefits, and shall certify the findings to the clerk of the board of county commissioners. The costs before the board shall be a part of the costs of the improvement, and the court shall adjudge the costs made on the appeal as it considers equitable.

(G) If the appeal is from a final order of the board finding in favor of the improvement and approving and confirming the assessments, and if the court finds that the improvement is not necessary or is not conducive to the public welfare or that the benefits conferred are less than the costs, the court shall find against the proceedings, and the petition shall be dismissed. All costs before the board shall be paid pursuant to section 6131.21 of the Revised Code. The court shall adjudge the costs made on the appeal as it considers equitable.

(H) If the appeal is on questions of manner of construction, route, or termini or for or against branches, laterals, or spurs, on questions of assessments, or on questions that do not require a finding for or against the petition, the court shall adjudge the costs as it considers equitable.

Section 6131.32 | Right of trial by jury.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

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

Section 6131.33 | Jury verdict form.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

If there is more than one appellant in a trial by jury authorized under section 6131.32 of the Revised Code with separate claims on the question of compensation or damages or if there are issues as to different properties, the court may submit all the several claims and issues to the same jury, with appropriate verdicts as to each claim. The court also may direct separate trials for the separate claims and issues. The court shall instruct the jury that it shall not consider or deduct the value of any benefits that such land will receive from the construction of such improvement.

Section 6131.34 | Costs and fees.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

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

The prosecuting attorney shall represent the county in all appeals on questions of compensation or damages. On appeals of other matters which are tried to the court sitting as a court of equity, the court shall adjudge the costs as it deems just and equitable except as otherwise provided in section 6131.01 to 6131.64, inclusive, of the Revised Code.

Section 6131.36 | Certification of transcript of common pleas proceedings to county commissioners.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 the clerk of the board of county commissioners, who shall forthwith enter the judgment, order, or decree upon the journal of the board. If the judgment, order, or decree is in favor of the granting of the improvement, the board shall proceed with the improvement proceedings in compliance with the final judgment, order, or decree from the point at which they were terminated by the appeal or from the point at which the court orders the board to proceed.

(B) Upon the expiration of the twenty-one day appeal period provided in section 6131.25 of the Revised Code, the clerk of the board of county commissioners shall transmit the schedules of assessments and damages to the county auditor. The board of county commissioners and the county engineer shall proceed with letting contracts and constructing the improvement, and the county auditor shall proceed to levy and collect assessments and to pay compensation and damages as if no appeal had been taken. If an appeal is filed pursuant to section 6131.25 of the Revised Code, the board and the engineer shall stay their proceedings until the final determination of the proceedings in the court of appeals or in the supreme court.

Section 6131.37 | Bids for drainage improvements.

• Effective: April 9, 1981
• Latest Legislation: House Bill 268 - 113th General Assembly

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 engineer shall receive bids. The contracts, bids, bonds, and bid guaranties shall be handled in accordance with sections 153.12 to 153.14 and 307.86 to 307.92 of the Revised Code. Any action of the board forfeiting the bidder's deposit or bid guaranty shall be entered on its journal, and the forfeited sum shall be paid into the general drainage improvement fund.

Section 6131.38 | Bid requirements.

• Effective: April 9, 1981
• Latest Legislation: House Bill 268 - 113th General Assembly

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 separately the bidder's offer upon each and for each bid item indicated on the form. If the plans or specifications do not name a specific grade, quality, kind, or size of any material of which different standard grades, qualities, kinds, or sizes are used, then the bids shall specify the grade, quality, kind, or size proposed to be furnished. Unless the specifications otherwise provide, all bids for material shall be considered to be for delivery at the location of the improvement and at such place as is designated by the engineer in charge of the work, except that tile or pipe of any kind shall be along the line of the improvement where the same are to be used, provided the location is accessible. Any bidder may submit a bid for any portion of the improvement that is the subject of a special estimate, whether of construction or material, providing it is for work or material that can be done or furnished independently of other work or material.

The bid form shall indicate the time that the contract shall be completed or be left blank for the bidder to establish such a time.

Section 6131.40 | Acceptance of bids.

• Effective: April 9, 1981
• Latest Legislation: House Bill 268 - 113th General Assembly

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 which bid, or combination of bids, in all respects is the best. No bid shall be accepted after the time designated for receiving bids. The board may accept any combination of bids of different bidders for different parts of the work or for furnishing different materials that they find will be more economical or advantageous than the aggregate bid of a single bidder, but no bid shall be accepted for any part or thing that exceeds the estimate of the engineer unless only by such acceptance can a contract for the completion of an entire improvement be let for less than the aggregate estimate of the total improvement.

If it is found that all bids for work and material, or all bids for any separate part of work and material, are in excess of the estimates reported by the engineer, the board shall order the readvertisement of the same, or any part thereof, for which the bids are in excess, and they may direct the engineer to re-estimate the same for bids on the new estimate.

Section 6131.41 | Contracts for drainage improvement.

• Effective: April 9, 1981
• Latest Legislation: House Bill 268 - 113th General Assembly

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 to perform the work or furnish the material bid for as prepared by the county engineer. The board by an order entered on its journal shall record the time within which the work shall be completed and material furnished, but if an improvement requires both labor and material and contracts therefor are given to different persons, the time of furnishing the material and completing the labor shall correspond with the time provided for its use in the progress of the work. An upper contractor shall not be required to complete his contract until an outlet is furnished by the work done by a lower contractor.

Section 6131.42 | Actions against contractor and bondsmen.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

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 to the contract and specifications. The remedies provided in this section are in addition to all other remedies provided by law.

Section 6131.43 | Assessments for drainage improvements.

• Effective: October 3, 2023
• Latest Legislation: House Bill 33 - 135th General Assembly

(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 cost as certified by the county engineer. The assessments so reduced, including the cost of location, engineering, compensation, damages, and contingency and the assessment for maintenance for one year, shall be levied upon each parcel of land, each public corporation, and each department, office, or institution of the state as stated in the schedules as of the date of the order of the board approving the contracts and ordering the levying of the assessments.

(B) The auditor shall notify the owners of all assessed lands of the amount of the actual assessment, which shall be not less than ten dollars, and of the payment plan for the collection of the assessments. The auditor shall immediately place the assessments so levied upon the duplicates of the county, and the assessments shall be a lien upon the several parcels of land respectively from and after the date of the order of the board approving and levying the assessments. The auditor shall be liable on the auditor's bond for any damages sustained by any person by reason of the auditor's failure to place promptly the assessments upon the proper duplicates of the county.

(C) The county auditor shall transmit to the governing body of any political subdivision affected by an improvement the assessments levied against it. The governing body shall authorize payment to be made to the county treasurer of the county in which the improvement is located from the general fund of the political subdivision, except as otherwise provided by law.

(D) The county auditor shall also transmit to the director of any department, office, or institution of the state, affected by an improvement the assessments levied against any department, office, or institution of the state. Payment shall be made to the county treasurer of the county in which the improvement is located.

Last updated August 8, 2023 at 10:57 AM

Section 6131.45 | Extending the contract time.

• Effective: April 9, 1981
• Latest Legislation: House Bill 268 - 113th General Assembly

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 necessary to complete the work or furnish the material under the contract. In case of such extensions the contractor's bond and any sureties thereon shall remain liable as if the extended time had been originally named in the bond or contract. The board shall not extend the contract time of furnishing any material to be used by a contractor unless by consent of the contractor the time for performance of his contract is correspondingly extended. Any order extending or refusing to extend the contract time shall be by resolution entered on the journal of the board. The affidavit shall be filed in the proceedings.

Upon the recommendations of the county engineer, the board of county commissioners may deduct the costs of engineering and inspection incurred by the county during the tenure of the authorized extensions of time as liquidated damages from any money due or to become due the contractor or his bondsmen unless the extension of time is due to an unforeseeable cause beyond the control and without the fault or negligence of the contractor.

Section 6131.46 | Supervision and inspection of county engineer or deputy.

• Effective: April 9, 1981
• Latest Legislation: House Bill 268 - 113th General Assembly

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 use and within a reasonable time after the same is delivered and placed upon the line of the improvement or such other place as is designated.

Section 6131.47 | Notice to remove or alter obstruction.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 of the drainage improvement for removal and replacement or repair as the engineer considers necessary.

(B) If the county engineer determines that the culverts and bridges were adequate in capacity or vertical and horizontal alignment at the time of their installation, the removal and replacement shall be made at the expense of the project less any costs, which shall be apportioned by the engineer, for correction, maintenance, or replacement of the culvert or bridge in whole or in part due to deterioration or instability had the structure been left in place. The latter costs shall be specially assessed to the owner.

(C) The county engineer shall schedule in the project plans any culvert or bridge, except those on state and federal highways, that is washed out in whole or part, but that otherwise meets the requirements of the drainage improvement, for such repairs, additions, or other corrective measures necessary to preserve the bridge or culvert. The costs shall be assessed to the appropriate owner.

(D) Fences and floodgates impeding the flow of water shall be removed as a part of the drainage improvement. Replacement may be made by the owner, provided that prior written approval is obtained from the county engineer.

(E) The county engineer shall cause notice to be given to the owner not later than seven days in advance of removal or alteration of a culvert, bridge, fence, or floodgate.

(F) Any owner may furnish the work and material in lieu of a special assessment, provided the owner does all of the following:

(1) Makes written application to the county engineer within ten days after the final hearing;

(2) Furnishes the work and materials in accordance with the specifications for the improvement;

(3) Performs the work so as not to delay the project contractor;

(4) Completes the work prior to the completion of the work on the whole improvement.

(G) If the owner defaults on any or all of these conditions, the county engineer shall recommend to the board of county commissioners that the default be completed by an extra work order to the project contractor and its cost assessed to the owner.

Section 6131.50 | General drainage improvement fund.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 following:

(1) Any taxes levied and collected for ditch and drainage purposes under county levies, not by law otherwise disposed of;

(2) The proceeds of all bonds issued and sold under sections 6131.01 to 6131.64, inclusive, of the Revised Code;

(3) The collections from all special assessments for benefits to property, as provided in such sections;

(4) Such other funds as by law are provided to be paid therein.

Section 6131.51 | General drainage improvement fund payments.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 considered a specific appropriation of the amount of the obligation, and that amount shall be set apart for the purpose of the payment and contingently charged against the fund. If at any time the fund contains the proceeds of bonds or notes issued and sold under such sections, the fund shall not be depleted below the obligations incurred by the bond or note issue unless assessments or levies have been made or ordered made in sufficient amount to redeem the bonds or notes as they fall due. If at any time obligations legally incurred exceed the amount of the drainage improvement fund, an amount of the general revenue funds in the county treasury equal to the deficiency, unless otherwise appropriated, may by resolution of the board of county commissioners be transferred to the general drainage improvement fund.

(C) At any time after assessments collected for a drainage improvement exceed the amount allocated to the board for engineering expenses, the board of county commissioners may by resolution transfer from the drainage improvement fund to the general revenue fund of the county an amount equal to that amount as reimbursement of the sum previously transferred under section 6131.12 or 6131.30 of the Revised Code.

Section 6131.52 | Tax levy for drainage improvements by county commissioners.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 improvements located by the board or for which the county has been assessed under this chapter or Chapter 6133., 6135., or 6137. of the Revised Code. When collected, the tax shall be credited to the general drainage improvement fund.

(B) For the purposes of this chapter and Chapters 6133., 6135., and 6137. of the Revised Code, the board of county commissioners may levy a tax under division (X) of section 5705.19 of the Revised Code upon all of the property listed and assessed for taxation in the county. In addition to the actions required under section 5705.19 of the Revised Code, the board shall cause to be filed with the county auditor and the board of elections of the county, at least sixty days prior to the passage of the resolution required under that section, an accurate map showing the locations and types of any proposed improvements, the areas to be benefited, and the existing system of drainage improvements that is to be maintained from the proceeds of the levy.

Any funds collected as a result of such a levy may be credited to the general drainage improvement fund of the county in which the tax is levied.

(C) For the purposes of this chapter and Chapters 6133., 6135., and 6137. of the Revised Code, the board of county commissioners may adopt a resolution designating any portion of the county as a drainage improvement district. If a copy of the resolution and a map or legal description of the district's boundaries have been filed with the county auditor in such form as the county auditor prescribes, the board may levy a tax within the district under division (X) of section 5705.19 of the Revised Code. The board shall base its designation on the location of a system of drainage improvements and on the areas to be benefited by that system. The proceeds of the levy shall only be used for the construction and maintenance of the system of drainage improvements within the drainage improvement district.

For the purposes of this section, the board of county commissioners is constituted the "taxing authority" and the county auditor is the "fiscal officer," within the purview of Chapter 5705. of the Revised Code.

Section 6131.53 | Tax levy for drainage improvements by township trustees.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

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 not to exceed five tenths of one mill on a dollar, and shall certify this to the county auditor on or before the fifteenth day of May in each year until all installments are provided for.

Section 6131.54 | Tax levy for drainage improvements by board of education.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

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 school district owning or holding other land for school purposes, when an assessment is made upon said land under such sections, shall pay for such assessment out of the contingent fund of the school district. If necessary for such purpose, the board may increase the levy for that fund otherwise authorized by law.

Section 6131.55 | Rights and remedies of owner who has not received notice.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 the owner's land is located, against the board of county commissioners in its official capacity, to recover any tax or assessment paid, to enjoin any tax, assessment, or levy upon the owner's lands, to recover for any damages sustained, or for compensation for any property taken.

(B) The board may plead and prove the value of any actual benefit to the land by reason of the improvement.

(C) The rights granted by this section shall be in addition to all other rights provided by law.

Section 6131.58 | Fees.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

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 a salary, then such fees collected shall be in a like manner accounted for. Publication of notices as required in such sections shall be paid at the legal rate provided for similar matter originating in the court of common pleas.

Section 6131.59 | Drainage improvement - public watercourse.

• Effective: April 9, 1981
• Latest Legislation: House Bill 268 - 113th General Assembly

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 construction thereof, and the public shall have and possess in and to any such watercourse that has thus been constructed or used for seven years the rights and privileges that relate to and pertain to natural watercourses, but the same shall be subject to any improvement upon petition as provided in sections 6131.01 to 6131.64 of the Revised Code.

Section 6131.60 | Personal interest of county commissioner.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

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 of the county who shall within ten days appoint as many disinterested owners of the county as are necessary to take the place of the interested members. The appointees shall perform all the duties of the disqualified members and may receive from the general drainage improvement fund the same per diem rate as the disqualified members receive.

Section 6131.61 | Oath of witnesses.

• Effective: October 1, 1953
• Latest Legislation: House Bill 1 - 100th General Assembly

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 before they testify. Such oath may be administered by the president of the board.

Section 6131.63 | Written agreement for construction of drainage improvement.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 improvement.

(B) The owners shall file the agreement and the plan and schedules for construction of the proposed improvement with the clerk of the board of county commissioners of the county in which the improvement is to be constructed. The clerk shall submit the agreement, plan, and schedules to the county engineer for examination and review.

(C) The county engineer shall determine the adequacy of the plan and schedules and the effect of the proposed improvement on any other improvements and highways in the area affected.

(D) The county engineer shall also prepare a schedule of proposed assessments for the maintenance of the improvement according to an estimate of benefits accruing to each owner and an estimate of maintenance costs including the engineer's costs in preparing the schedules.

(E) The engineer shall file with the clerk of the board of county commissioners, within sixty days, a report of the engineer's review together with such recommendations for change, amendment, or alteration of the agreement, plan, and schedules.

(F) When the agreement, plan, and schedules, as presented or as amended by the owners pursuant to the county engineer's recommendations, are approved by the county engineer, the engineer shall file, within sixty days, a certificate of approval with the clerk of the board of county commissioners. Failure to file a certificate of approval within sixty days constitutes a presumption of certification and the owners may proceed to construct.

(G) The board shall set a hearing date on the engineer's proposed maintenance assessments for the drainage improvement not less than twenty-five nor more than ninety days after the engineer files a certificate of approval and shall notify all persons whose names appear in the engineer's schedule of maintenance assessments in accordance with section 6131.16 of the Revised Code. At the hearing on the proposed assessments the board of county commissioners shall hear any evidence offered for or against the assessments proposed to be levied against any owner as shown by the schedule of assessments filed by the county engineer and shall hear any competent evidence on the question of benefits.

(H) The board, from the evidence offered, may amend and correct the assessments, and the assessments so amended or corrected shall be approved by the board and the approval entered on its journal. Once the assessments have been approved, all further proceedings in connection with the maintenance of the improvement shall be in accordance with Chapter 6137. of the Revised Code.

(I) The clerk shall record the agreement, plan, and schedules in the drainage records of the county, and the agreement shall locate and establish the improvement as a drainage improvement. The improvement shall then be constructed by the owner in accordance with the approved plans.

(J) This section shall not be interpreted to include improvements or changes in stream channels that may be made by the department of transportation or other public agencies or railroads at their own expense for the purpose of providing a more adequate waterway along a highway or at the site of a bridge or culvert or to improve conditions of flow through them or for the purpose of protecting the highway or road bed and that do not limit future deepening of the channel.

Section 6131.631 | New single span bridge or culvert or extension of existing culvert limiting future deepening of public watercourse.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 transportation or other public agency proposing the construction shall file plans for the construction with the clerk of the board of county commissioners of the county in which the construction or improvement is to be constructed.

(B) The clerk shall immediately refer the plans to the county engineer who shall review the proposed location, both horizontal and vertical, of the proposed structures and the effect of the proposed improvements on any other improvements and on any highways in the area.

(C) The county engineer shall file, within sixty days, with the clerk of the board of county commissioners and the director of transportation or other public agency a report of the review with such recommendations for change, amendment, or alteration in the plans for the proposed improvement as the engineer may determine to be necessary in the public interest.

(D) When the plans for the proposed improvements as presented, or as amended pursuant to the county engineer's recommendations, are approved by the county engineer, the engineer shall file, within sixty days, a certificate of approval with the clerk of the board of county commissioners. If the engineer does not file such a report of the engineer's review with the clerk within sixty days after the date that the plans were referred to the engineer, the engineer's approval shall be presumed by the clerk.

(E) The improvement shall then be constructed in accordance with the approved plans at the expense of the department of transportation or other public agency.

Section 6131.64 | Vacation of ditch or drain.

• Effective: March 24, 2021
• Latest Legislation: House Bill 340 - 133rd General Assembly

(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 improvement, the board of county commissioners may determine whether any ditch or drain described in the petition has ceased to be a public utility, whether the public welfare no longer demands the maintenance thereof, and whether its vacation will be to the advantage of the public welfare.

(B) If the board finds that the vacation of the ditch or drain will be conducive to the public welfare, it may declare the same to be vacated and abandoned as a public ditch or drain and its location and establishment held for naught. The private rights of persons acquired by reason of the location and establishment of the ditch or drain shall not be interfered with nor impaired without due compensation being made, which compensation may be assessed on property that is benefited by the vacation of the ditch or drain.

(C) All proceedings relating to the vacation of a ditch or drain shall be conducted in accordance with this chapter, with all rights of appeal as provided in such sections.