Effective: May 6, 2005
Latest Legislation: House Bill 411 - 125th General Assembly
(A) For the purposes of this section, either of the following constitutes a public exigency:
(1) A finding by the director of environmental protection that a public health nuisance caused by an occasion of unavoidable urgency and suddenness due to unsanitary conditions compels the immediate construction of sewers for the protection of the public health and welfare;
(2) The issuance of an order by the board of health of a health district to mitigate or abate a public health nuisance that is caused by an occasion of unavoidable urgency and suddenness due to unsanitary conditions and compels the immediate construction of sewers for the protection of the public health and welfare.
(B) If the board of directors of a sanitary district is unable to purchase property for the purpose of the construction of sewers to mitigate or abate the public health nuisance that is the subject of a finding of the director or an order of the board of health, the board of directors may adopt a resolution finding that it is necessary for the protection of the public health and welfare to appropriate property that the board of directors considers needed for that purpose. The resolution shall contain a definite, accurate, and detailed description of the property and the name and place of residence, if known or with reasonable diligence ascertainable, of the owners of the property to be appropriated.
The board of directors shall fix in its resolution what it considers to be the value of the property to be appropriated, which shall be the board's determination of the compensation for the property and shall be supported by an independent appraisal, together with any damages to the residue. The board shall deposit the compensation so determined, together with an amount for the damages to the residue, with the probate court or the court of common pleas of the county in which the property, or a part of it, is situated. Except as otherwise provided in this division, the power to appropriate property for the purposes of this division shall be exercised in the manner provided in sections 163.01 to 163.22 of the Revised Code for an appropriation in time of public exigency. The board's resolution and a written copy of the independent appraisal shall accompany the petition filed under section 163.05 of the Revised Code.
Structure Ohio Revised Code
Title 61 | Water Supply-Sanitation-Ditches
Chapter 6115 | Sanitary Districts
Section 6115.01 | Sanitary District Definitions.
Section 6115.02 | Sanitary District Tax Books and Records.
Section 6115.03 | Jurisdiction, Evidence, Forms Establishing Sanitary District.
Section 6115.04 | Establishment and Purpose of Sanitary Districts.
Section 6115.05 | Petition for Establishment of Sanitary District.
Section 6115.06 | Bond for Expenses to Be Filed With Petition.
Section 6115.07 | Notice of Petition and Hearing - Jurisdiction.
Section 6115.08 | Hearing - Order Establishing District.
Section 6115.09 | Filing and Recording Findings and Decree of Incorporation of District.
Section 6115.10 | Appointment of Directors.
Section 6115.11 | Oath, Bond of Director.
Section 6115.12 | Seal - Records - Transcripts of Meetings.
Section 6115.13 | President of Board - Temporary Director - Quorum.
Section 6115.141 | Certificate of Available Funds.
Section 6115.16 | Improvement Plan Approval and Execution.
Section 6115.17 | Right of Entry for Surveys and Examinations.
Section 6115.18 | Powers and Duties of Board of Directors.
Section 6115.19 | Improvement Plan for District Organized to Provide Water Supply.
Section 6115.191 | Assessing Interest on Unpaid Balance of Water Supply Payments.
Section 6115.20 | Contract Bidding Procedures.
Section 6115.201 | Sanitary District Contract Requirements.
Section 6115.21 | Dominant Right of Eminent Domain.
Section 6115.22 | Condemnation of Land or Property.
Section 6115.23 | Regulations, Approval and Enforcement.
Section 6115.26 | Surveys and Examinations of Rainfall, Stream Flow.
Section 6115.27 | Cooperation or Assistance by u.s. Government or Other Governmental Entity.
Section 6115.28 | Taking or Damage to Cemetery.
Section 6115.29 | Board of Appraisers of Sanitary District.
Section 6115.30 | Appraisals of Compensation and Damages.
Section 6115.31 | Appraisals of Compensation and Damages Beyond the Boundaries of District.
Section 6115.32 | Notice of Hearing of Land to Be Included or Excluded From District.
Section 6115.33 | Sanitary District Appraisal Record.
Section 6115.34 | Notice of Hearing on Appraisals.
Section 6115.35 | Filing Exceptions to Reports or Appraisals.
Section 6115.36 | Court Approval, Confirmation or Return of Plan.
Section 6115.37 | Appeal of Award as to Compensation or Damages.
Section 6115.38 | Possession of Property After Verdict and Award.
Section 6115.39 | Certified Copy of the Decree.
Section 6115.40 | Alterations or Additions to Official Plan.
Section 6115.41 | Appeal Not to Delay Action or Prosecution of Work.
Section 6115.42 | Appraisal and Assessment of Lands Losing Tax Exemption.
Section 6115.43 | Appraising Lands Not at First Included Within the Boundaries of District.
Section 6115.44 | Immaterial Irregularities or Defects.
Section 6115.45 | Sanitary District Funds.
Section 6115.46 | Preliminary Costs and Expenses to Be Repaid.
Section 6115.47 | Borrowing Power of Board of Directors.
Section 6115.48 | Sanitary District Assessment Record.
Section 6115.49 | Assessment Payments.
Section 6115.50 | Bonds in Anticipation of the Levy and Collection of Special Assessments.
Section 6115.51 | Treasurer's Duties - Bonds - Investments.
Section 6115.52 | Revenue Obligations Issued to Pay Costs Arising From Execution of Official Plan.
Section 6115.53 | Sanitary District Maintenance Assessment - Sale of Water.
Section 6115.55 | Annual Levy - Certificate.
Section 6115.56 | Collection of Assessments.
Section 6115.57 | Bond of County Treasurer for Probable Amount of Assessments.
Section 6115.58 | Sanitary District Assessments and Taxes Constitute a Lien.
Section 6115.59 | Suits for the Collection of Delinquent Taxes or Assessments.
Section 6115.60 | Procedures for Levying, Collection, and Distribution of Assessments.
Section 6115.62 | Retirement of Principal and Interest on Bonds.
Section 6115.63 | Failure to Pay Over Assessments.
Section 6115.64 | Surplus Funds - Reports to Court and Advisory Council.
Section 6115.65 | Compensation, Expenses - Salaries of Extra Clerical Force.
Section 6115.66 | Land in More Than One Sanitary District.
Section 6115.67 | Conflicts in Jurisdiction.
Section 6115.68 | Union of Districts.
Section 6115.69 | Subdistricts Established and Organized.
Section 6115.70 | Remedies for Injuries.
Section 6115.71 | Protection of District Works.
Section 6115.72 | Removal of Officers or Employees.
Section 6115.73 | Enforcement by Mandamus.
Section 6115.74 | Correction of Defective Notice.
Section 6115.75 | Question of the Validity of the Organization of Sanitary Districts.
Section 6115.77 | Liability for Damages to District Works.