Ohio Revised Code
Chapter 6101 | Conservancy Districts
Section 6101.78 | Defective Notice.

Effective: September 21, 2000
Latest Legislation: House Bill 617 - 123rd General Assembly
If a notice and hearing by the court are provided for in this chapter, the court shall, prior to the conclusion of the hearing, examine the form of the notice and all evidence relating to the giving of the notice and, if the court finds for any reason that due notice was not given in whole or in part, whether by reason of noncompliance with any of the requirements of this chapter or with any applicable constitutional requirements, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void; but the court shall in that case order notice to be given in compliance with the requirements of this chapter to the parties to whom due notice was not given or the court shall order the giving of other and further notice as the court shall prescribe to comply with any applicable constitutional requirements, and shall continue the hearing until the time when the notice is properly given, and then shall proceed as though notice had been properly given in the first instance.
In case any appraisal, assessment, or levy is held void for want of legal notice, whether by reason of noncompliance with any of the requirements of this chapter or with any applicable constitutional requirements, or in case the board of directors of the conservancy district determines that any notice with reference to any land or public corporation is faulty for one of the same reasons, the board may file a motion in the original cause asking that the court order that the notice required by this chapter or any applicable constitutional requirements be given to the owner of the land or to the public corporation and set a time for hearing as provided in this chapter, and, upon the granting of the motion and the giving of the notice, the court then shall proceed as though notice had been properly given in the first instance. If the original notice was faulty only with reference to certain public corporations or tracts, only the public corporations or the owners of and persons interested in those particular tracts need be notified by the subsequent notice. If the publication of any notice in any county was defective or not made in time, republication of the defective notice is necessary only in the county in which the defect occurred.

Structure Ohio Revised Code

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 6101.181 | Appropriation of Property for Sewer Construction to Address Public Health Nuisance.

Section 6101.19 | Conservancy District Rules and Regulations - Enforcement - Prohibitions.

Section 6101.20 | Plan Requiring Building, Modification, Removal, or Rebuilding of Bridge, Grade, or Aqueduct.

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.

Section 6101.84 | Illustrative Forms.

Section 6101.99 | Penalty.