Effective: March 24, 2021
Latest Legislation: House Bill 340 - 133rd General Assembly
(A) Upon a petition being filed and a bond given as provided for the location and construction of an improvement, and upon the same proceedings with notice to interested parties for a hearing upon the petition, and with the same hearing as is provided for the location of an improvement, the board of county commissioners may determine whether any ditch or drain described in the petition has ceased to be a public utility, whether the public welfare no longer demands the maintenance thereof, and whether its vacation will be to the advantage of the public welfare.
(B) If the board finds that the vacation of the ditch or drain will be conducive to the public welfare, it may declare the same to be vacated and abandoned as a public ditch or drain and its location and establishment held for naught. The private rights of persons acquired by reason of the location and establishment of the ditch or drain shall not be interfered with nor impaired without due compensation being made, which compensation may be assessed on property that is benefited by the vacation of the ditch or drain.
(C) All proceedings relating to the vacation of a ditch or drain shall be conducted in accordance with this chapter, with all rights of appeal as provided in such sections.
Structure Ohio Revised Code
Title 61 | Water Supply-Sanitation-Ditches
Chapter 6131 | Single County Drainage Improvements
Section 6131.01 | Single County Drainage Improvement Definitions.
Section 6131.02 | Authority of County Commissioners to Construct Ditch Improvements.
Section 6131.03 | Co-Ordinating System of Water Conservation and Flood Control.
Section 6131.04 | Petition for Construction of Single County Drainage Improvement.
Section 6131.05 | Petition Amendments.
Section 6131.06 | Bond to Be Filed With Petition.
Section 6131.061 | Record Keeping.
Section 6131.07 | Notice and Hearing on Petition.
Section 6131.08 | Comments on Petition.
Section 6131.09 | Preliminary Report by County Engineer.
Section 6131.10 | Viewing of Premises.
Section 6131.101 | First Hearing on Petition for Proposed Drainage Improvement.
Section 6131.11 | Dismissal of Petition - Appeal.
Section 6131.12 | Grant of Petition.
Section 6131.13 | Consolidation of Petitions.
Section 6131.14 | County Engineer's Duties.
Section 6131.15 | Schedule of Assessments.
Section 6131.16 | Notice of Assessments and Final Hearing.
Section 6131.17 | Exceptions to Engineer's Schedules of Assessments.
Section 6131.19 | Hearing on Compensation or Damages.
Section 6131.20 | Final Hearing.
Section 6131.21 | Factors to Be Considered by Commissioners at Final Hearing.
Section 6131.22 | Approval and Confirmation of Assessments.
Section 6131.23 | Semiannual Installments for Payment of Assessments.
Section 6131.24 | Preliminary Steps for Receiving Bids for Drainage Improvements.
Section 6131.27 | Transcript of Order for Drainage Improvement.
Section 6131.28 | Joinder and Separation of Appeals.
Section 6131.30 | Appeal Procedure in Common Pleas Court.
Section 6131.31 | Procedures for Findings on Appeal.
Section 6131.32 | Right of Trial by Jury.
Section 6131.33 | Jury Verdict Form.
Section 6131.34 | Costs and Fees.
Section 6131.36 | Certification of Transcript of Common Pleas Proceedings to County Commissioners.
Section 6131.37 | Bids for Drainage Improvements.
Section 6131.38 | Bid Requirements.
Section 6131.40 | Acceptance of Bids.
Section 6131.41 | Contracts for Drainage Improvement.
Section 6131.42 | Actions Against Contractor and Bondsmen.
Section 6131.43 | Assessments for Drainage Improvements.
Section 6131.45 | Extending the Contract Time.
Section 6131.46 | Supervision and Inspection of County Engineer or Deputy.
Section 6131.47 | Notice to Remove or Alter Obstruction.
Section 6131.50 | General Drainage Improvement Fund.
Section 6131.51 | General Drainage Improvement Fund Payments.
Section 6131.52 | Tax Levy for Drainage Improvements by County Commissioners.
Section 6131.53 | Tax Levy for Drainage Improvements by Township Trustees.
Section 6131.54 | Tax Levy for Drainage Improvements by Board of Education.
Section 6131.55 | Rights and Remedies of Owner Who Has Not Received Notice.
Section 6131.59 | Drainage Improvement - Public Watercourse.
Section 6131.60 | Personal Interest of County Commissioner.
Section 6131.61 | Oath of Witnesses.
Section 6131.63 | Written Agreement for Construction of Drainage Improvement.