Effective: September 21, 2000
Latest Legislation: House Bill 617 - 123rd General Assembly
Upon the filing of the report of the board of appraisers of a conservancy district under section 6101.31 of the Revised Code, the clerk of the court shall give notice of the filing by publication in each county in the district in which property included in the conservancy appraisal record is located. The notice shall be substantially as set forth in division (F) of section 6101.84 of the Revised Code. It is not necessary for the clerk to name the parties interested, and the notice shall be addressed "To All Persons or Public Corporations Interested." It is not necessary to describe separate lots or tracts of land in giving the notice, but the heading of the notice and the text of it shall give, and it is sufficient if each gives, descriptions that will enable the owner of land or the owner of an interest of record in land to determine whether the owner's land or interest is covered by the descriptions. For instance, it is sufficient to state in the heading "NOTICE OF HEARING ON APPRAISALS ON LANDS LYING IN____________________, ____________________, and____________________ TOWNSHIPS AND IN THE CITIES OR VILLAGES OF____________________, ____________________, and____________________ in ____________________ COUNTY," and it is sufficient to state in the text "All land lying in the____________________ ward of the city of____________________," or "All land abutting on ____________________ street in the city of____________________," or "All land lying west of____________________ river and east of ____________________ railroad in____________________ township," or any other general description pointing out the lands involved.
If lands in different counties are mentioned in the report, it is not necessary to publish a description of all the lands in the district in each county, but only of that part of the lands located in the county in which publication is made.
The board of directors of the conservancy district, on or before the date of the publication of the notice provided for in this section, shall mail by first class mail to the applicable public corporations and to all other known persons having an interest of record in property that is to be taken or is damaged and whose tax mailing or other known address is disclosed by the affidavit referred to in this section a notice that shall be directed to the appropriate address, shall advise the addressee of the date of the filing and place of filing of the report of the board of appraisers, and shall state that the addressee has the right to file exceptions to the report on or before a specified date and to be heard in the county where the addressee's property is located at the time and place fixed by the court as provided by section 6101.33 of the Revised Code. The notice shall contain a statement that the property to be taken or the damage has been appraised and shall give the dollar amount of that appraisal.
The secretary of the conservancy district, or the secretary's deputy, as ex officio secretary of the board of appraisers, shall prepare and file with the clerk of the court on the date of the mailing of the notices provided for in this section an affidavit attesting in substance that, as of the date of the mailing of the notices, the affiant has determined that the names of all applicable public corporations, and the names of the owners of property that is to be taken or that is damaged, where those names are ascertainable, together with their respective tax mailing or other known addresses where ascertainable, are listed in the report of the board of appraisers with the exception of differing names or addresses specifically set forth in the affidavit; that no names and no tax mailing or other known addresses are ascertainable except as may be disclosed by the report as supplemented by the affidavit; and that notices have been mailed as provided for in this section to each public corporation and to all other persons having an interest of record in property that is to be taken or that is damaged and whose interest is known or can be ascertained from the record. The affidavit shall be given on the basis of available information and after the exercise of reasonable diligence, and it shall so state. The affidavit shall be prima-facie evidence of the matters attested to in it.
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.