Ohio Code § 940.35
Ohio Code § 940.35. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 940.35.
(A) If a proposed improvement would affect more than one county, the board of county
commissioners from each of the counties that would be affected by the proposed improvement
shall meet on a date fixed by the clerk of the board of county commissioners of the
lead county. The boards shall meet in the lead county to organize a joint board of county commissioners
and elect a president, which shall be the first order of business at the hearing. (B) A joint board of county commissioners shall exercise the same powers, execute the
same duties, and follow the same procedures in connection with an improvement under
this chapter as the board of county commissioners of a single county. (C) The clerk of the board of county commissioners of the lead county shall do all of
the following: (1) Act as clerk and administrator of the joint board; (2) Enter the findings of the joint board in the journal of the board of county commissioners
of the lead county; (3) Make the final record of the improvement in the lead county; (4) Provide copies of all proceedings to the clerks of the boards of all affected counties. (D) A majority of the county commissioners constituting the joint board shall constitute
a quorum. All decisions of the joint board shall be made by a majority vote of the quorum
present at a meeting of the joint board. (E) The director of natural resources shall be an ex officio member of the joint board
and may participate, in person or through a designated representative, in deliberations
and proceedings of the joint board. The director shall have no vote on any proceedings of the joint board except in
the case of a tie for or against an improvement. If the director or the director's designee is not present at the proceeding, the
director shall review the proceedings and cast the deciding vote within thirty days
of the proceeding. A failure to cast a vote for or against the improvement within thirty days constitutes
an affirmative vote for the improvement. The clerk shall record the final resolution of the tie. (F) Upon the creation of a joint board of county commissioners, the elected officials
in the lead county, including the engineer, recorder, auditor, prosecutor, treasurer,
judges, and clerk of the board of county commissioners, shall serve as the administrative
officers for the joint board of county commissioners.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 940.35
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 940.35?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 940.35 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 940.35 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.