Ohio Revised Code Chapter 6131 - Single County Ditches

• Section 6131.01 - Single County Ditch Definitions.
  As used in sections 6131.01 to 6131.64 of the Revised Code: (A) "Owner" means any owner of any right, title, estate, or interest in...
• Section 6131.02 - Authority Of County Commissioners To Construct Ditch Improvements.
  When the board of county commissioners, at a regular or called session, upon the filing of a petition as provided in sections 6131.01 to...
• Section 6131.03 - Co-ordinating System Of Water Conservation And Flood Control.
  Boards of county commissioners in their respective counties, or in co-operation with any conservancy district which includes all or part of the lands of...
• Section 6131.04 - Petition For Construction Of Ditch Improvement.
  Any owner may file a petition with the clerk of the board of county commissioners of the county in which is located a part...
• Section 6131.05 - Petition Amendments.
  The petition referred to in section 6131.04 of the Revised Code may be amended upon the written application of any benefiting owner filed with...
• Section 6131.06 - Bond To Be Filed With Petition.
  The petitioner shall file with the petition referred to in section 6131.04 of the Revised Code a bond in the penal sum of five...
• Section 6131.07 - Notice And Hearing On Petition.
  When the petition authorized by section 6131.04 of the Revised Code is filed with the clerk of the board of county commissioners, the clerk...
• Section 6131.08 - Filing Applications Or Remonstrances.
  Owners who have not joined in the petition authorized by section 6131.04 of the Revised Code and who are in favor of the improvement...
• Section 6131.09 - Preliminary Report By County Engineer.
  When notified of the filing of a petition authorized by section 6131.04 of the Revised Code, the county engineer shall prepare a preliminary estimate...
• Section 6131.10 - Hearing And View Of Premises.
  The board of county commissioners and the county engineer shall meet at the designated place near the proposed improvement on the day of the...
• Section 6131.11 - Dismissal Of Petition - Appeal.
  If the board of county commissioners, at the first hearing, finds that a proposed improvement is not necessary, or finds that a proposed improvement...
• Section 6131.12 - Grant Of Petition.
  If the board of county commissioners finds that a proposed improvement is necessary and that it will be conducive to the public welfare, and...
• Section 6131.13 - Consolidation Of Petitions.
  The board of county commissioners may hear and determine at the same time and under one petition, upon proper averments, the following questions: (A)...
• Section 6131.14 - County Engineer's Duties.
  The clerk of the board of county commissioners shall certify to the county engineer immediately, after the requirements of section 6131.12 of the Revised...
• Section 6131.15 - Schedule Of Assessments And Damages.
  The county engineer shall estimate the benefits accruing to public corporations and any department, office, or institution of the state. The engineer shall determine...
• Section 6131.16 - Notice Of Filing Schedule Of Assessments And Damages.
  Upon the filing with the clerk of the board of county commissioners of the reports, plans, and schedules by the county engineer as provided...
• Section 6131.17 - Exceptions To Engineer's Schedules Of Assessments And Damages.
  Any owner may accept the estimated assessment as described in the engineer's schedules or may accept the estimated damages or compensation as described in...
• Section 6131.18 - Prosecuting Attorney To Represent County.
  In all claims for compensation or damages, and in all matters where the rights of the county are affected, the prosecuting attorney shall represent...
• Section 6131.19 - Hearing On Compensation.
  At the final hearing, or at such time to which said hearing is adjourned to hear claims for compensation or damages, the board of...
• Section 6131.20 - Final Hearing.
  At the final hearing on a proposed improvement, the board of county commissioners shall hear any application that is filed for a change of...
• Section 6131.21 - Factors To Be Considered By Commissioners At Final Hearing.
  At the final hearing on a proposed improvement, after hearing all the evidence offered in the proceedings and after receiving and considering all the...
• Section 6131.22 - Approval And Confirmation Of Assessments.
  At the final hearing on a proposed improvement, if the petition is not dismissed, the board of county commissioners shall hear any evidence offered...
• Section 6131.23 - Semiannual Installments For Payment Of Assessments.
  The assessments estimated in accordance with section 6131.14 of the Revised Code shall be payable in not less than two semiannual installments. At the...
• Section 6131.24 - Preliminary Steps For Receiving Bids For Ditch Improvements.
  The board of county commissioners shall fix a date, time, and place at the final hearing for the county engineer to receive bids. The...
• Section 6131.25 - Appeals.
  Any affected owner may appeal to the court of common pleas within twenty-one days of the date that any order was issued by the...
• Section 6131.26 - Filing Bond And Statement Of Appeal.
  To perfect an appeal as provided in section 6131.25 of the Revised Code, the owner of land shall file an appeal bond, with surety...
• Section 6131.27 - Transcript Of Order For Ditch Improvement.
  If an appeal is perfected by filing the bond and statement provided in section 6131.26 of the Revised Code, the clerk of the board...
• Section 6131.28 - Joinder And Separation Of Appeals.
  Several owners may appeal from the orders in the same improvement and file separate bonds and separate statements stating the matters appealed. If several...
• Section 6131.29 - Issue For Hearing Or Trial.
  The issue for a hearing or trial in the court of common pleas shall be made by the original papers filed with the clerk...
• Section 6131.30 - Appeal Procedure In Common Pleas Court.
  The court of common pleas, on appeal, shall hear the matters appealed de novo. The proceedings shall be conducted under the rules of law...
• Section 6131.31 - Procedures For Findings On Appeal.
  (A) If the appeal is from an order of the board of county commissioners made at the first hearing dismissing the petition, and if...
• Section 6131.32 - Right Of Trial By Jury.
  On appeal from an order made by the board of county commissioners allowing or refusing to allow compensation or damages, the owners interested shall...
• Section 6131.33 - Jury Verdict Form.
  The jury authorized by section 6131.32 of the Revised Code, upon submission of the case to it under proper charge of the court of...
• Section 6131.34 - Costs And Fees.
  The court of common pleas shall receive the verdict referred to in section 6131.33 of the Revised Code, and if no motion for new...
• Section 6131.35 - Period For Perfecting Appeals.
  The twenty-one day period for perfecting appeals provided in section 6131.25 of the Revised Code begins to run from the time of the entering...
• Section 6131.36 - Certification Of Transcript Of Common Pleas Proceedings To County Commissioners.
  After the final judgment, order, or decree upon any appeal is rendered by the court of common pleas, the clerk of the court of...
• Section 6131.37 - Bids For Ditch Improvements.
  If no appeal has been taken to the court of common pleas at the time fixed in the notice to receive bids as provided...
• Section 6131.38 - Bid Requirements.
  The county engineer shall prepare the documents as specified in section 6131.24 of the Revised Code. If the improvement requires both labor and material...
• Section 6131.39 - [Repealed].
  Effective Date: 12-09-1967
• Section 6131.40 - Acceptance Of Bids.
  When the time has passed for the receiving of bids referred to in section 6131.37 of the Revised Code, the county engineer shall, as...
• Section 6131.41 - Contracts For Ditch Improvement.
  The acceptance of the bids in accordance with section 6131.40 of the Revised Code shall be approved by the board of county commissioners. Upon...
• Section 6131.42 - Actions Against Contractor And Bondsmen.
  Any owner who has suffered any loss or damage by reason of the failure of the contractor to perform his contract, or by his...
• Section 6131.43 - Assessments For Ditch Improvements.
  Upon the completion of the work and the approval of it by the county engineer, the board of county commissioners shall order the county...
• Section 6131.44 - Contractor Failing To Complete Contract.
  If a contractor is not performing or completing the work according to the contract or within the time stated in the contract or an...
• Section 6131.45 - Extending The Contract Time.
  The time fixed in a contract for the performance of any work or the furnishing of any material, on good cause shown by affidavit,...
• Section 6131.46 - Supervision And Inspection Of County Engineer Or Deputy.
  All work on an improvement and all material furnished for use therein shall be under the supervision and inspection of the county engineer or...
• Section 6131.47 - Notice To Remove Or Alter Obstruction.
  During the execution of the work on an improvement, the county engineer shall cause notice to be given to the owner within seven days...
• Section 6131.48 - Extra Compensation - Pro Rata Reductions.
  If in the progress of the work upon any improvement there occurs bed rock, flowing sand, or other items not noted in the engineer's...
• Section 6131.49 - Installment Payments To Contractor - Final Progress Estimate.
  Installment payments shall be paid to the contractor as work progresses, in accordance with section 151.13 of the Revised Code. Progress estimates may be...
• Section 6131.50 - General Drainage Improvement Fund.
  The board of county commissioners of each county shall provide and establish the "general drainage improvement fund," which fund shall be used as a...
• Section 6131.51 - General Drainage Improvement Fund Payments.
  All costs and expenses of improvements under sections 6131.01 to 6131.64 of the Revised Code, including contract prices of construction and the costs of...
• Section 6131.52 - Tax Levy For Ditch Improvements By County Commissioners.
  The board of county commissioners, at its March session, annually, shall, if necessary, levy upon the grand duplicate of the county a tax, not...
• Section 6131.53 - Tax Levy For Ditch Improvements By Township Trustees.
  The board of township trustees of a township to which is apportioned by the board of county commissioners a portion of the expenses of...
• Section 6131.54 - Tax Levy For Ditch Improvements By Local Board Of Education.
  If it is a party to an improvement under sections 6131.01 to 6131.64, inclusive, of the Revised Code, the board of education of a...
• Section 6131.55 - Rights And Remedies Of Owner Who Has Not Received Notice.
  Any owner of land affected by an improvement who has not received notice thereof and has not had an opportunity to be heard as...
• Section 6131.56 - Recovery Of Tax Or Assessment - Voiding Proceedings - Enjoining Tax Or Assessment.
  The court in which a proceeding is brought to recover a tax or assessment paid, or to declare void the proceeding to locate or...
• Section 6131.57 - Permanent File Of Records Of Proceedings.
  The board of county commissioners and the county engineer shall maintain a permanent file containing a record of the petition, the applications and remonstrances...
• Section 6131.58 - Fees.
  The fees to be charged and collected for services required of any public officer under sections 6131.01 to 6131.64, inclusive, of the Revised Code,...
• Section 6131.59 - Ditch Improvement Becomes Public Watercourse.
  When an improvement consisting of a ditch, drain, or watercourse has been established and constructed or used for seven years or more, it shall...
• Section 6131.60 - Personal Interest Of County Commissioner.
  If one or more members of a board of county commissioners are petitioners for an improvement or own land that will be taken, benefited,...
• Section 6131.61 - Oath Of Witnesses.
  In any hearing provided for in sections 6131.01 to 6131.64, inclusive, of the Revised Code, before a board of county commissioners, at which testimony...
• Section 6131.62 - Lands Owned By County Needing Drainage.
  When in the opinion of the board of county commissioners, by resolution entered on its journal, any land owned by the county or any...
• Section 6131.63 - Written Agreement For Construction Of Ditch Improvement.
  Except when an owner whose land is used for agricultural purposes desires to install tile by extending or adding to his own laterals or...
• Section 6131.631 - New Single Span Bridge Or Culvert Or Extension Of Existing Culvert Limiting Future Deepening Of Public Watercourse.
  When construction of a new single span bridge or culvert or extension of an existing culvert that will limit the future deepening of a...
• Section 6131.64 - Vacation Of Ditch Or Drain.
  Upon a petition being filed and a bond given as provided for the location and construction of an improvement, and upon the same proceedings...

Last modified: October 10, 2016