Ohio Revised Code Chapter 6101 - Conservancy Districts

• Section 6101.01 - Conservancy District Definitions.
  As used in this chapter: (A) "Publication" or "published" means once in a newspaper of general circulation in the county or counties where the...
• Section 6101.02 - Conservancy Bonds And Records.
  (A) The bonds issued under this chapter may be called conservancy bonds, and the term shall be engraved or printed on the face of...
• Section 6101.03 - Evidence And Forms.
  (A) In any orders of the court, the words "The court now here finds that it hath jurisdiction of the parties to and of...
• Section 6101.04 - Purpose And Organization Of Conservancy Districts.
  Any area or areas situated in one or more counties may be organized as a conservancy district in the manner and subject to the...
• Section 6101.05 - Proceedings For Establishment Of A Conservancy District.
  Proceedings for the establishment of a conservancy district shall be initiated only by the filing of a petition in the office of the clerk...
• Section 6101.06 - Petitioners' Bond.
  At the time of filing the petition provided for in section 6101.05 of the Revised Code, or at any time subsequent thereto and prior...
• Section 6101.061 - Notice Of Petition.
  Upon determining that a sufficient petition has been filed, the judge making such determination shall cause written notice thereof to be given to the...
• Section 6101.07 - Composition Of Court For Hearing On Petition.
  Upon the determination of a judge of the court of common pleas that a sufficient petition has been filed in the court in accordance...
• Section 6101.08 - Hearing On Petition.
  At the preliminary meeting of the court, it shall fix the time and place of the hearing on the petition for the establishment of...
• Section 6101.09 - Findings And Decree Of Court Incorporating Conservancy District.
  Within thirty days after the conservancy district has been declared a corporation by the court, the clerk of such court shall transmit to the...
• Section 6101.10 - Appointment Of Directors Of Conservancy District.
  (A) Except as provided in division (B) of this section, within thirty days after entering the decree incorporating a conservancy district, the court shall...
• Section 6101.11 - Organization, Records Of Conservancy District.
  Each member of the board of directors of a conservancy district, before entering upon the member's official duties, shall take and subscribe to an...
• Section 6101.12 - Secretary, Employees.
  The secretary of the conservancy district shall be the custodian of the records of the district and shall assist the board of directors in...
• Section 6101.13 - Plan For Improvements.
  Upon its qualification, or as soon thereafter as practicable, the board of directors of a conservancy district shall prepare a plan for the part...
• Section 6101.14 - Right Of Entry.
  (A) The board of directors of any conservancy district, or its employees or agents, including contractors and their employees, and the board of appraisers...
• Section 6101.15 - Powers Of Board.
  In order to accomplish the purposes of the conservancy district, the board of directors of a conservancy district may do the following: (A) Clean...
• Section 6101.151 - Property Of District Removed From Tax Duplicate.
  When real property is acquired which is located either within or without the acquiring conservancy district and which is removed from the tax duplicate,...
• Section 6101.16 - Contracts For Improvements.
  When it is determined to let the work relating to the improvements for which a conservancy district was established by contract, contracts in amounts...
• Section 6101.161 - Conservancy District Contract Requirements.
  Notwithstanding section 6101.16 of the Revised Code, the board of directors of a conservancy district may comply with section 9.29 of the Revised Code...
• Section 6101.17 - Dominant Right Of Eminent Domain.
  The board of directors of a conservancy district, when it is necessary for the purposes of this chapter, shall have a dominant right of...
• Section 6101.18 - Eminent Domain.
  The board of directors of a conservancy district may condemn for the use of the district, any land or property within or without said...
• Section 6101.181 - Appropriation Of Property For Sewer Construction To Address Public Health Nuisance.
  (A) For the purposes of this section, either of the following constitutes a public exigency: (1) A finding by the director of environmental protection...
• Section 6101.19 - Conservancy District Rules And Regulations - Enforcement - Prohibitions.
  (A) The board of directors of a conservancy district may make and enforce rules and regulations it considers necessary and advisable to do the...
• Section 6101.20 - Plan Requiring Building, Modification, Removal, Or Rebuilding Of Bridge, Grade, Or Aqueduct.
  When the official plan provided for in section 6101.13 of the Revised Code requires the building, modification, removal, or rebuilding of any bridge, grade,...
• Section 6101.21 - Passing Boat Or Other Equipment Through Bridge Or Grade.
  If it is necessary to pass any dredge boat or other equipment through a bridge or grade of any railroad company or other corporation,...
• Section 6101.22 - Surveys And Examinations Of Rainfall, Flood Conditions, And Stream Flow.
  The board of directors of a conservancy district may establish and maintain stream gauges, rain gauges, and a flood warning service with telephone or...
• Section 6101.23 - Co-operation With United States Government Or Other Corporations.
  The board of directors of a conservancy district may enter into contracts or other arrangements with the United States government or any department of...
• Section 6101.24 - Water Rights And Uses - Rates.
  The rights of landowners, municipal corporations, corporations, and other users of waters to the waters of the conservancy district for domestic use, water supply,...
• Section 6101.241 - Improvements Outside Boundary Of District.
  In the event a conservancy district builds or constructs an improvement outside the boundary of the district, and one of the purposes of such...
• Section 6101.25 - Recreational Facilities Upon Lands Owned Or Controlled By District.
  The board of directors of a conservancy district may construct, improve, operate, maintain, and protect parks, parkways, forest preserves, bathing beaches, playgrounds, and other...
• Section 6101.26 - Taking Or Damaging Cemetery.
  Whenever it is necessary for the purpose of a conservancy district to take or damage any cemetery, the board of appraisers of the conservancy...
• Section 6101.27 - Board Of Appraisers Of Conservancy District.
  At the time of making its order organizing a conservancy district or at any suitable time thereafter, the court shall appoint three appraisers to...
• Section 6101.28 - Appraising Of Benefits And Damages.
  During the preparation of the official plan, the board of appraisers of a conservancy district shall examine and become acquainted with the nature of...
• Section 6101.29 - Effect Of Improvement On Land Outside District.
  If the board of appraisers of a conservancy district finds that lands or other property not embraced within the boundaries of the district will...
• Section 6101.30 - Notice Of Land Included Or Excluded From District.
  If the report of the board of appraisers of a conservancy district includes recommendations that other lands and public corporations be included in the...
• Section 6101.31 - Conservancy Appraisal Record.
  The board of appraisers of a conservancy district shall prepare a report of its findings that shall be known as the conservancy appraisal record....
• Section 6101.32 - Notice Of Filing Report On Appraisals.
  Upon the filing of the report of the board of appraisers of a conservancy district under section 6101.31 of the Revised Code, the clerk...
• Section 6101.33 - Exceptions To Appraisals.
  Any property owner or public corporation may accept the appraisals in its favor of benefits, of damages, and of lands to be taken made...
• Section 6101.34 - Court Order On Appraisals.
  If it appears to the satisfaction of the court after having heard and determined all the exceptions filed pursuant to section 6101.33 of the...
• Section 6101.35 - Appeal From Award Of Compensation Or Damages.
  Any person or public or private corporation desiring to appeal from an award as to compensation or damages shall, within twenty days from the...
• Section 6101.36 - Possession And Title To Property.
  No property shall be taken under this chapter until compensation has been paid according to law. But if a trial is had by jury...
• Section 6101.37 - Certified Copy Of Decree.
  Upon the entry of the order of the court approving the report of the board of appraisers of a conservancy district, the clerk of...
• Section 6101.38 - Confirmed Appraisal Of Compensation Or Damages - Appointment Of Magistrate.
  After a certified copy of the entry of the court and of the appraisals as confirmed by the court, except those parts from which...
• Section 6101.39 - Alteration Or Addition To Plan.
  The board of directors of a conservancy district may, at any time after the conservancy appraisal record is filed, when necessary to fulfill the...
• Section 6101.40 - Appeals Not Permitted To Interrupt Or Delay Any Action.
  No appeal under this chapter shall be permitted to interrupt or delay any action or the prosecution of any work under this chapter, except...
• Section 6101.41 - Land Of District Exempt From Assessment.
  If any lands in any conservancy district are not liable for assessment at the time of the execution of the work, but afterwards, during...
• Section 6101.42 - Appraising Lands Not At First Included Within Boundaries Of District.
  If any real property or public corporation within or without any conservancy district is benefited and for any reason the benefits were not appraised...
• Section 6101.43 - Moneys Of District Administered Through Funds.
  No fault in any notice or other proceedings, whether by reason of noncompliance with the requirements of this chapter or with any applicable constitutional...
• Section 6101.44 - Moneys Of District Administered Through Funds.
  The moneys of every conservancy district shall be administered through the following funds: (A) The preliminary fund, consisting of the proceeds of the preliminary...
• Section 6101.441 - Dissolution Or Disorganization Of Conservancy District.
  In the event of the dissolution or disorganization of any conservancy district organized pursuant to this chapter, the board of directors of the district...
• Section 6101.45 - Defects Not To Invalidate Proceedings Except Where Denial Of Justice Results.
  After the filing of a petition for the organization of a conservancy district, and before the district is organized, the costs of publication and...
• Section 6101.451 - [Repealed].
  Repealed by 130th General Assembly File No. 25, HB 59, §105.01, eff. 9/29/2013. Effective Date: 07-01-1985
• Section 6101.46 - Directors May Borrow Money And Issue Notes.
  In order to facilitate the preliminary work, the board of directors of a conservancy district may borrow money and issue notes therefor at a...
• Section 6101.47 - [Repealed].
  Effective Date: 10-30-1989
• Section 6101.48 - Directors To Levy Assessments.
  After the conservancy appraisal record as approved by the court, or that part of it from which no appeal is pending, has been filed...
• Section 6101.49 - Paying Assessments.
  When the conservancy assessment record is placed on file in the office of the conservancy district, notice by publication shall be given to property...
• Section 6101.50 - Issuing Anticipatory Bonds And Notes.
  (A) The board of directors of a conservancy district may, if in its judgment it seems best, issue bonds in an amount not to...
• Section 6101.501 - Issuing Bonds To Pay Costs Of Improvement.
  A conservancy district or a subdistrict of it may issue revenue bonds for the purpose of paying all or part of the cost of...
• Section 6101.51 - Issuing Revenue Bonds.
  The treasurer of a conservancy district, at the time of taking office, shall execute to the district and deliver to the president of the...
• Section 6101.52 - Duties Of Treasurer.
  Whenever the owner of any coupon bond issued pursuant to this chapter presents the bond to the treasurer of the conservancy district with a...
• Section 6101.53 - Conservancy Maintenance Assessment.
  To maintain, operate, and preserve the reservoirs, ditches, drains, dams, levies, canals, sewers, pumping stations, treatment and disposal works, or other properties or improvements...
• Section 6101.54 - Readjustment Of Appraisal Of Benefits.
  Whenever the owners or representatives of twenty-five per cent or more of the acreage or value of the lands in a conservancy district or...
• Section 6101.55 - Annual Levy.
  The board of directors of a conservancy district shall each year after the original assessment has been levied determine, order, and levy the annual...
• Section 6101.56 - Borrowing In Anticipation Of Collection Of Assessments.
  In anticipation of the collection of assessments for any year levied under sections 6101.53 and 6101.55 of the Revised Code, the board of directors...
• Section 6101.57 - Collecting Assessments.
  Each county treasurer charged with collection of assessments shall make due report to the county auditor of the sums collected by the treasurer, and...
• Section 6101.58 - County Treasurer's Bond.
  Before receiving the assessment record provided for by section 6101.55 of the Revised Code, the county treasurer of each county in which lands or...
• Section 6101.59 - Conservancy District Assessment Constitutes Lien.
  All conservancy district assessments provided for in this chapter, together with all penalties and interest for default in payment of the assessments, and all...
• Section 6101.60 - Enforcement Of Conservancy District Liens.
  The auditor's conservancy assessment record is prima-facie evidence in all courts of all matters contained in it. The liens established and declared in section...
• Section 6101.61 - Annual Levy Procedures.
  Whenever, under this chapter, the board of directors of a conservancy district has determined, ordered, and levied an annual levy in accordance with section...
• Section 6101.62 - Water Department Funds Used To Pay Levy Or Assessment.
  To pay a portion of the amount of an assessment or annual levy of a conservancy district organized for the purpose of water supply,...
• Section 6101.63 - Additional Rate For Water.
  In addition to the uniform rates for water provided for by sections 6101.24 and 6101.53 of the Revised Code, the board of directors of...
• Section 6101.64 - Sewer Rentals Used To Pay Levy Or Assessment.
  For the purpose of payment of any portion of an annual levy made for the purpose of collection and disposal of sewage and liquid...
• Section 6101.65 - Failure To Pay Collected Assessments.
  If any county treasurer or other person entrusted with the collection of assessments fails to make prompt payment of the assessments, or any part...
• Section 6101.66 - Annual Report Of Directors.
  After the close of each fiscal year, or oftener [more often] if the court so orders, the board of directors of the conservancy district...
• Section 6101.67 - Compensation And Expenses Of Directors And Appraisers.
  Each member of the board of directors of a conservancy district and each member of the board of appraisers of a conservancy district shall...
• Section 6101.68 - Lands Included In More Than One District.
  The same land, if conducive to public health, safety, convenience, or welfare, may be included in more than one conservancy district and be subject...
• Section 6101.69 - Consolidation Of Districts.
  If any conservancy district is being organized within, or partly within and partly without, the same territory in which some other district has been...
• Section 6101.70 - Petition For Uniting Districts By Directors.
  (A) If two or more conservancy districts have been organized in a territory which, in the opinion of the board of directors of the...
• Section 6101.71 - Petition For Organizing Subdistricts.
  Whenever it is desired to construct improvements wholly within, or partly within and partly without, any conservancy district, which improvements will affect only a...
• Section 6101.72 - Annexing Or Absorbing Territory.
  Any territory in which a proceeding has been instituted or is pending for the construction of a single or joint or interstate county ditch,...
• Section 6101.73 - Irrigation Districts.
  Irrigation districts may be formed under this chapter by a substantial compliance as near as possible with its provisions. No irrigation district in its...
• Section 6101.74 - Remedies And Damages.
  (A) If any person or public corporation, within or without any conservancy district, considers itself injuriously affected in any manner by any act performed...
• Section 6101.75 - Policing District.
  (A) As used in this section, "felony" has the same meaning as in section 109.511 of the Revised Code. (B) The board of directors...
• Section 6101.76 - Removals For Cause.
  Any director, appraiser, or other officer of any conservancy district may be removed for cause upon a motion filed in the original case where...
• Section 6101.77 - Writ Of Mandamus.
  The performance of all duties prescribed in this chapter concerning the organization and administration or operation of the conservancy district may be enforced against...
• Section 6101.78 - Defective Notice.
  If a notice and hearing by the court are provided for in this chapter, the court shall, prior to the conclusion of the hearing,...
• Section 6101.79 - Questions Of Validity Of Organization Advanced In Courts.
  All cases in which there arises a question of the validity of the organization of conservancy districts shall be advanced as a matter of...
• Section 6101.80 - Liberal Construction Of Chapter.
  This chapter shall be liberally construed to effect the control, conservation, and drainage of the waters of this state. Effective Date: 09-21-2000
• Section 6101.81 - Destruction, Injury, Removal Of Survey Marks Prohibited.
  No person shall willfully destroy, injure, or remove any bench marks, witness marks, stakes, or other reference marks placed by the surveyors or engineers...
• Section 6101.82 - Liability For Damages.
  (A) All persons and corporations shall be liable for damage done to works of a conservancy district by themselves, their agents, their employees, or...
• Section 6101.83 - Unlawful Use Of Moneys.
  No officer of a conservancy district or any other public officer shall make a profit, directly or indirectly, out of any contracts entered into...
• Section 6101.84 - Illustrative Forms.
  The following forms illustrate the character of the procedure contemplated by this chapter, and, if substantially complied with, those things being changed which should...
• Section 6101.99 - Penalty.
  (A) Whoever violates division (B) of section 6101.14 of the Revised Code shall be fined not more than fifty dollars. (B) Whoever violates division...

Last modified: October 10, 2016