Effective: July 8, 1993
Latest Legislation: Senate Bill 105 - 120th General Assembly
During the preparation of the official plan, the board of appraisers of a sanitary district shall examine and become acquainted with the nature of plans for the improvement and of the lands and other property affected thereby, in order that it may be better prepared to make appraisals.
When the official plan is filed with the secretary of the sanitary district, he shall at once notify the board of appraisers, and it shall thereupon appraise the benefits of every kind to all real property or other property within the district, which will result from the organization of the district and the execution of the official plan. The board of appraisers shall appraise the damages sustained and the value of the land and other property necessary to be taken by the district for which settlement has not been made by the board of directors of the sanitary district. In the progress of its work, the board of appraisers shall have the assistance of the attorney, engineers, secretary, and other agents and employees of the board of directors.
The board of appraisers shall also appraise the benefits and damages accruing to municipal corporations, counties, townships, and other public corporations, as political entities, and to this state.
Before appraisals of compensation and damages are made, the board of directors may report to the board of appraisers the parcels of land or other property it wishes to purchase, and for which it wishes appraisals to be made, both for easement and for purchase in fee simple. The board of directors may, if it deems best, specify in case of any property the particular purpose for which and the extent to which an easement in the same is desired, describing definitely such purpose and extent. The board of appraisers shall appraise all damages which may, because of the execution of the official plan, accrue to real or other property within the district, which damages shall also represent easements acquired by the district for all of the purposes of the district, unless otherwise specifically stated. Wherever instructed to do so by the board of directors, the board of appraisers shall appraise lands or other property, within or without the district, which it is necessary or desirable for the district to own, and when instructed by the board of directors to do so, the board of appraisers shall appraise both the total value of the land, and also the damages due to an easement for the purposes of the district. When such appraisals are confirmed by the court, the board of directors has the option of paying the entire appraised value of the property and acquiring full title to it in fee simple, or of paying only the costs of such easement for the purposes of the district. The board of appraisers in appraising benefits and damages shall consider only the effect of the execution of the official plan. The board of appraisers may give consideration to benefits resulting from improved sewage and sewage disposal, improved water supply for domestic, municipal, and public use, improved conditions affecting health, comfort, convenience, and welfare, and other benefits deemed proper to recognize. In making appraisals, the board of appraisers shall give due consideration and credit to any other works or systems already constructed, or under construction, which form a useful part of the work of the district according to the official plan. Where the board of appraisers returns no appraisal of damages to any property, it shall be deemed a finding by such board of appraisers that no damages will be sustained.
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.