Ohio Code § 940.23

§ 940.23.

(A) On the date and at the time established by the board of supervisors for the hearing

on a petition for a proposed improvement, the board shall conduct the hearing. At the hearing, the board shall do both of the following: (1) Present the board's preliminary report on the proposed improvement; (2) Hear any comments or evidence offered by any landowner for or against the proposed

improvement. (B) If necessary, the board may recess and continue the hearing on subsequent days as

may be reasonable to consider additional information about the proposed improvement

or so that all interested landowners may have an opportunity to comment on the proposed

improvement. (C) At the conclusion of the hearing, the board shall vote to decide whether to proceed

with a project survey and design or to dismiss the petition.  In making its decision, the board shall take into consideration all of the following: (1) The petition; (2) The preliminary report; (3) Comments on the proposed improvement; (4) The protection of environmentally significant areas when those areas could be adversely

affected by the construction of the proposed improvement and, if necessary, alternative

plans providing for that protection and for construction of the proposed improvement. (D) The board may proceed with the project survey and design for a proposed improvement

if both of the following apply: (1) The board finds that a proposed improvement is necessary and is conducive to the

public welfare. (2) The board is reasonably certain that the benefits of the proposed improvement will

outweigh its costs.