Ohio Code § 6131.07

Ohio Code § 6131.07. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 6131.07.

(A) When a petition is filed under section 6131.04 of the Revised Code with the clerk of the board of county commissioners, the clerk shall give notice

of the petition to the board of county commissioners and the county engineer. (B) The board of county commissioners shall do both of the following: (1) Establish a date and hour for a view of the proposed improvement, which shall be

between thirty and one hundred twenty days after the date on which the petition was

filed with the clerk; (2) Establish a date and hour between thirty and ninety days after the date set for the

view, when it will hold its first hearing on the petition. (C) At least twenty-one days prior to the date set for the view, the clerk shall send

a written notice to the owners named in the petition and of legal record on the date

of its filing.  The clerk shall include all of the following in the notice: (1) The date, time, and location for the view and the first hearing; (2) A description of the proposed improvement and its location as stated in the petition,

a map indicating the location of the proposed improvement or information on where

to access such map, and an explanation of how to access additional information or

ask questions about the proposed improvement; (3) A statement that all costs of engineering, construction, and future maintenance will

be assessed to the benefiting parcels of land; (4) A statement that an owner may file, not more than twenty-one days after the date

of the view, an amendment to the petition that expands the length of the proposed

improvement, provided that such amendment does not expand the area to be benefited

by the proposed improvement; (5) A statement that an owner receiving the notice may comment on the proposed improvement

in writing before or in person at the public hearings on the petition; (6) The address at which to file an amendment to the petition or submit written comments

on the proposed amendment or the petition. (D) The clerk shall notify all owners that are adjacent to the proposed improvement by

certified mail and shall notify all other owners by certified mail or first class

mailings.  The words “Legal Notice of Proposed Drainage Improvement” shall be printed in plain

view on the face of the envelope.  When the owner is not a natural person, the notice shall be mailed to its chief

officer or managing agent at the usual place of business in the county.  If such an owner is a foreign or domestic railroad company, regardless of whether

the charter thereof prescribes the manner or place of service of process thereon,

the notice shall be addressed to the property owner of record as listed by the county

auditor on the general tax list.  If such an owner other than a railroad company does not maintain a regular place

of business in the county, then the notice shall be mailed to the nearest regular

place of business of such an owner. (E) The clerk shall publish a legal notice in at least one newspaper of general circulation

in the area affected by the proposed improvement, stating the name and number, if

any, of the proposed improvement, the location and nature of the work proposed in

the petition, and the date, time, and location of the view and first hearing.  If the individual notices are sent by certified mail, the clerk shall publish the

notice in one issue of such newspaper, and shall not publish the notice less than

thirteen days prior to the date of the view.  If the individual notices are sent by first-class mail in five-day return envelopes,

the clerk shall publish the newspaper notice in two issues of the newspaper, and the

notice shall include a list of the names of all addressees whose individual notices

were undelivered.  The clerk shall publish the first such publication not be 1 less than thirteen days prior to the date of the view, and the second publication

not be 1 less than six days prior to the date of the view.  The publication shall serve as public notice to all owners of the pendency of the

improvement whether or not they were individually named and notified. Proof of notice by publication shall be verified by affidavit of the printer or other

person knowing the fact, and the clerk of the board of county commissioners shall

prepare a certificate showing the service of the notices by mail, both of which shall

be filed with the clerk of the board of county commissioners on or before the day

of the first hearing.  Notices returned undelivered and receipts shall be kept on file by the clerk as

part of the permanent record of the improvement. 1

 So in original, 2020 H 340.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 6131.07
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

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