Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
When the official plan provided for in section 6101.13 of the Revised Code requires the building, modification, removal, or rebuilding of any bridge, grade, aqueduct, or other construction, and a hearing upon the report of the board of appraisers of the conservancy district has been had and a final order issued by the court for appraisals and assessments affecting such constructions, the owner of said bridge, grade, aqueduct, or other structure shall be bound to make such changes or adjustments within the time specified in the official plan, or within the time directed by the court, which time shall be a reasonable one under all the circumstances. In case such changes or adjustments are not made, the board of directors of the conservancy district may make such adjustments or removals. If the change or improvement of a natural watercourse is made necessary by the insufficiency of the bridge or other structure to permit the water of the stream to pass through it in times of high water, the work of altering or removing said bridge or other structure shall be at the expense of the owner. Before the removal or modification of any works outlined in this section, the board of directors shall give thirty days' notice to the owner of such bridge or such construction that the same be adapted to the plans. In case the owner of any bridge or other structure objects to the modification or removal of such bridge or other structure on the ground that the cost of the modification or removal will be greater than the benefits resulting from such removal, a hearing shall be had before the court of common pleas having the original case, and if such contention is sustained, such modification or removal shall not be required.
The board of directors shall have full power and authority to improve in alignment, section, grade, or in any other manner any watercourse, and it may require the removal, widening, lengthening, deepening, raising, or other change of any public or private road bridge or railroad bridge or any aqueduct or telephone, telegraph, gas, oil, sewer, or water or other pipe lines or any other construction over, along, across, under, or through such watercourse. In case such change is made necessary in any such structure by the failure of such bridge or other structure to permit the free flow of water in such stream in time of flood, then the owner of any such construction shall make such change without cost to the district, or without any claim for damages against the district, except that the district shall pay the cost of excavating the earth for the enlargement of any channel or for placing earth for the filling of any channel where such excavation or filling is required as a part of plans of the district in making the changes outlined in this section. The district shall not be required to make such fill or excavation unless it would be necessary to the plans of the district if the bridge or other construction did not exist.
Structure Ohio Revised Code
Title 61 | Water Supply-Sanitation-Ditches
Chapter 6101 | Conservancy Districts
Section 6101.01 | Conservancy District Definitions.
Section 6101.02 | Conservancy Bonds and Records.
Section 6101.03 | Evidence and Forms.
Section 6101.04 | Purpose and Organization of Conservancy Districts.
Section 6101.05 | Proceedings for Establishment of a Conservancy District.
Section 6101.06 | Petitioners' Bond.
Section 6101.061 | Notice of Petition.
Section 6101.07 | Composition of Court for Hearing on Petition.
Section 6101.08 | Hearing on Petition.
Section 6101.09 | Findings and Decree of Court Incorporating Conservancy District.
Section 6101.10 | Appointment of Directors of Conservancy District.
Section 6101.11 | Organization, Records of Conservancy District.
Section 6101.12 | Secretary, Employees.
Section 6101.13 | Plan for Improvements.
Section 6101.14 | Right of Entry.
Section 6101.15 | Powers of Board.
Section 6101.151 | Property of District Removed From Tax Duplicate.
Section 6101.16 | Contracts for Improvements.
Section 6101.161 | Conservancy District Contract Requirements.
Section 6101.17 | Dominant Right of Eminent Domain.
Section 6101.18 | Eminent Domain.
Section 6101.19 | Conservancy District Rules and Regulations - Enforcement - Prohibitions.
Section 6101.21 | Passing Boat or Other Equipment Through Bridge or Grade.
Section 6101.22 | Surveys and Examinations of Rainfall, Flood Conditions, and Stream Flow.
Section 6101.23 | Co-Operation With United States Government or Other Corporations.
Section 6101.24 | Water Rights and Uses - Rates.
Section 6101.241 | Improvements Outside Boundary of District.
Section 6101.25 | Recreational Facilities Upon Lands Owned or Controlled by District.
Section 6101.26 | Taking or Damaging Cemetery.
Section 6101.27 | Board of Appraisers of Conservancy District.
Section 6101.28 | Appraising of Benefits and Damages.
Section 6101.29 | Effect of Improvement on Land Outside District.
Section 6101.30 | Notice of Land Included or Excluded From District.
Section 6101.31 | Conservancy Appraisal Record.
Section 6101.32 | Notice of Filing Report on Appraisals.
Section 6101.33 | Exceptions to Appraisals.
Section 6101.34 | Court Order on Appraisals.
Section 6101.35 | Appeal From Award of Compensation or Damages.
Section 6101.36 | Possession and Title to Property.
Section 6101.37 | Certified Copy of Decree.
Section 6101.38 | Confirmed Appraisal of Compensation or Damages - Appointment of Magistrate.
Section 6101.39 | Alteration or Addition to Plan.
Section 6101.40 | Appeals Not Permitted to Interrupt or Delay Any Action.
Section 6101.41 | Land of District Exempt From Assessment.
Section 6101.42 | Appraising Lands Not at First Included Within Boundaries of District.
Section 6101.43 | Moneys of District Administered Through Funds.
Section 6101.44 | Moneys of District Administered Through Funds.
Section 6101.441 | Dissolution or Disorganization of Conservancy District.
Section 6101.45 | Defects Not to Invalidate Proceedings Except Where Denial of Justice Results.
Section 6101.46 | Directors May Borrow Money and Issue Notes.
Section 6101.48 | Directors to Levy Assessments.
Section 6101.49 | Paying Assessments.
Section 6101.50 | Issuing Anticipatory Bonds and Notes.
Section 6101.501 | Issuing Bonds to Pay Costs of Improvement.
Section 6101.51 | Issuing Revenue Bonds.
Section 6101.52 | Duties of Treasurer.
Section 6101.53 | Conservancy Maintenance Assessment.
Section 6101.54 | Readjustment of Appraisal of Benefits.
Section 6101.55 | Annual Levy.
Section 6101.56 | Borrowing in Anticipation of Collection of Assessments.
Section 6101.57 | Collecting Assessments.
Section 6101.58 | County Treasurer's Bond.
Section 6101.59 | Conservancy District Assessment Constitutes Lien.
Section 6101.60 | Enforcement of Conservancy District Liens.
Section 6101.61 | Annual Levy Procedures.
Section 6101.62 | Water Department Funds Used to Pay Levy or Assessment.
Section 6101.63 | Additional Rate for Water.
Section 6101.64 | Sewer Rentals Used to Pay Levy or Assessment.
Section 6101.65 | Failure to Pay Collected Assessments.
Section 6101.66 | Annual Report of Directors.
Section 6101.67 | Compensation and Expenses of Directors and Appraisers.
Section 6101.68 | Lands Included in More Than One District.
Section 6101.69 | Consolidation of Districts.
Section 6101.70 | Petition for Uniting Districts by Directors.
Section 6101.71 | Petition for Organizing Subdistricts.
Section 6101.72 | Annexing or Absorbing Territory.
Section 6101.73 | Irrigation Districts.
Section 6101.74 | Remedies and Damages.
Section 6101.75 | Policing District.
Section 6101.76 | Removals for Cause.
Section 6101.77 | Writ of Mandamus.
Section 6101.78 | Defective Notice.
Section 6101.79 | Questions of Validity of Organization Advanced in Courts.
Section 6101.80 | Liberal Construction of Chapter.
Section 6101.81 | Destruction, Injury, Removal of Survey Marks Prohibited.
Section 6101.82 | Liability for Damages.
Section 6101.83 | Unlawful Use of Moneys.