Ohio Code § 6131.21

§ 6131.21.

(A) At the final hearing on a proposed improvement, after hearing all the evidence offered

in the proceedings and after receiving and considering all the schedules, plans, and

reports filed by the county engineer, the board of county commissioners shall review

its former order to proceed with project survey and design for the proposed improvement

and shall either affirm its former order and proceed to confirm the assessments and

order the letting of the contract or shall set aside its former order and dismiss

the petition. (B) In determining whether or not the improvement should be granted, the board shall

consider the following factors: (1) The cost of location and construction; (2) The compensation for land or other property necessary to be taken; (3) The effect on land along or in the vicinity of the route of the improvement; (4) The effect on land below the lower terminus of the improvement that may be caused

by constructing the improvement; (5) The sufficiency or insufficiency of the outlet; (6) The benefits to the public welfare; (7) The benefits to land, public corporations, and the state needing the improvement; (8) Any other proper matter that will assist the board in finding for or against the

improvement. (C) The board shall set aside the former order and dismiss the petition if the board

finds any of the following: (1) That the cost of the improvement will be equal to or greater than the benefits that

will be derived from the improvement if constructed; (2) That the improvement is not necessary; (3) That the improvement will not be conducive to the public welfare. (D) If the board dismisses the petition for a proposed improvement at the final hearing,

all costs for the proceedings, including the costs incurred by the engineer in making

surveys, plans, reports, and schedules, may be distributed to the benefiting landowners

in the same ratio as determined by the engineer in the final estimated assessments

presented at the final hearing. If the costs are not distributed to the benefiting landowners, the costs must be paid

from county funds. (E) The petitioner, or any owner in favor of the improvement, may appeal from the order

of dismissal, as provided in section 6131.25 of the Revised Code . (F) An order issued by the board under this section is effective on the day of the hearing

at which the board issued it.