Effective: September 21, 2000
Latest Legislation: House Bill 617 - 123rd General Assembly
Whenever the owners or representatives of twenty-five per cent or more of the acreage or value of the lands in a conservancy district or the board of directors of a conservancy district file a petition with the clerk of the court having jurisdiction in the original case, stating that there has been a material change in the values of the property in the district or additional benefits are being derived from the works and the improvements of the district since the last previous appraisal of benefits, and praying for a readjustment of the appraisal of benefits for the purpose of making a more equitable basis for the levy of the maintenance assessment under section 6101.53 of the Revised Code, the clerk shall give notice of the filing and of a hearing of the petition by publication.
Upon hearing of the petition, if the court finds there has been a material change in the values of property in the district, or that additional benefits are derived from the works and improvements of the district, or both, since the last previous appraisal of benefits, the court shall order that there be a readjustment of the appraisal of benefits for the purpose of providing a basis upon which to levy the maintenance assessment of the district. The court then shall direct the board of appraisers of the conservancy district to make the readjustment in the manner provided in this chapter, and the board shall make its report. The same proceedings shall be had on it, as nearly as may be, as are provided in this chapter for the appraisal of benefits accruing for original construction. In making the readjustment of the appraisal of benefits, the readjusted appraisal shall not be limited to the aggregate amount of or to the benefits or properties or persons listed in the original or any previous appraisal of benefits, and, after the making of the readjustment, the limitation of the annual maintenance assessment to one per cent of the total appraised benefits, but not less than two dollars, shall apply to the amount of the benefits as readjusted. There shall be no readjustment of benefits more often than once in six years.
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.