Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
If a bridge, any state or county road, or any public building, the property of or under the control or supervision of a county, is injured or destroyed, or when any state or county road or public highway has been injured or impaired by placing or continuing therein, without authority, any obstruction, or by the changing of the line, filling up or digging out of the bed thereof, or in any manner rendering it less convenient or useful than it had been previously, by a person or corporation, such person or corporation shall be subject to an action for damages. The board of county commissioners of the proper county may sue for and recover of such person or corporation the damages which have accrued by reason thereof, or such as are necessary to remove the obstruction or repair the injury.
If the board fails or refuses to bring such action for ten days after being petitioned to do so by at least ten owners of property adjoining such county road or living within one mile of such bridge or public building, any one or more of such owners of property may bring suit, in the name of the prosecuting attorney of the county in which the property is situated, and recover the damages which have accrued, or which are necessary to remove the obstruction or repair the injury.
The money so recovered shall be paid into the treasury of the proper county and appropriated by the board thereof in repairing such bridge, building, or road, or removing such obstruction, or to reimburse the county for such expenditures. In case of a recovery, the court may make such order as is deemed necessary to repair the injury or remove the obstruction complained of. The statute of limitations shall not operate in favor of a person or corporation committing any act, injury, or obstruction concerning any such road or public highway.
Structure Ohio Revised Code
Title 55 | Roads-Highways-Bridges
Section 5591.01 | Definition of Joint Bridge.
Section 5591.02 | Commissioners Must Build Certain Bridges.
Section 5591.03 | Joint County and Railroad Bridges.
Section 5591.04 | Contract for Construction.
Section 5591.05 | Board May Establish New Highway and Change Existing Grades.
Section 5591.06 | Appropriation of Property - Approaches - Damages - Vacation of Highways.
Section 5591.07 | Resolution to Modify or Alter Bridge - Exhibits.
Section 5591.08 | Notice to Be Served on Property Owners.
Section 5591.09 | Resolution to Determine to Proceed.
Section 5591.10 | Contents of Resolution.
Section 5591.11 | Dedication of Highway.
Section 5591.12 | Proceedings to Be the Same as in Other County Roads.
Section 5591.13 | Lands to Be Purchased or Appropriated.
Section 5591.14 | County May Issue Bonds.
Section 5591.15 | Publication in Newspaper.
Section 5591.16 | Majority Action of Commissioners Required.
Section 5591.17 | Rights and Title.
Section 5591.21 | Bridges - Bonds - Land Acquisition.
Section 5591.23 | Approaches to Bridges.
Section 5591.24 | Construction of Approaches to County Bridges.
Section 5591.25 | Board of County Commissioners of One or More Counties May Build Bridges.
Section 5591.27 | Bridge to Replace One Destroyed.
Section 5591.33 | Bridges Over Millraces.
Section 5591.34 | Purchase and Appropriation of Materials.
Section 5591.35 | Lighting of Bridges - Highway Intersections.
Section 5591.36 | Guardrails for Bridge or Steep Embankment.
Section 5591.37 | Noncompliance.
Section 5591.38 | Board of County Commissioners May Purchase Toll Bridge.
Section 5591.39 | Appropriation of Bridge - Toll to Cease.
Section 5591.40 | Right to Bridge Forfeited.
Section 5591.41 | County May Establish a Free Ferry.
Section 5591.42 | Carrying Capacity of Bridges - Warning Notice.