Shaudys, Edgar T.

KnowledgeBank at OSU

An Abstract of the Ohio Drainage Laws (Enacted August 23, 1957) E. T. ShaUl':.ys Department of Agricultural Economics and Rural Sociology Mimeograph Bulletin No. 291~ The Ohio State University and The Ohio Agricultural Experiment Station An Abstract of the Ohio Drainage Laws from the Laws of Ohio VolUille 127 House Bill N"O':" 220 of the Revised Code Effective August 23, 1957 E. T. Shaudys In 1957 a major revision of the Ohio Drainage Laws was enacted. This act re-vised and replaced the earlier drainage laws. Adequate drainage may require that a large area, including many farms, be a part of one system. Some systems for effective operation may encompass more than one county, district or state. Many farms may be benefited and the costs large. The development of such systems is of public interest and of similar nature to the development of our highway systems. Private property will have to be taken for public use, with just compensation. Assessments, bonds and tax levies may be required to obtain the necessary capital. The Ohio Drainage Law provides the authority and regulates the method of opera-tion for public drainage systems. The law provides for all aspects of: removal of water, drainage, irrigation, storage of water, prevention of overflo~ and con-servation of water. This abstract attempts to retain the intent and meaning of the law. The full text of the law should be referred to for a clear understanding of its provisions and use. Code numbers have been included for easy access of eaah section abstracted. 6131.02 Authority of County Commissioners Upon petition, the board of county commissioners may approve construction to: reoove water, control drainage, irrigate, store water, prevent overflow or conserve water, provided cost is less than the benefits. 6131.03 Cooperative Systems A board may cooperate with other county commissioners, conservancy districts, state and U. s. authcrities for a system of water conservation and flood control, prorating construction and maintenance costs. -2-6131.04 Petition Any owner (individual or ccrporate) may file, stating the necessity and nature of the work, the owners benefited or damaged. 6131.06 ~ Shall accompany petition. Minimum, $200 plus 25 cents for each parcel in excess of 200 benefited. Bond surety: t~o freeholders, of t:m county, surety company or cash. No bond is re~uired of public corporations. 6131.07 Notice ~ Hearing A time may be set between 30 and 40 days from petition for viewing the pro-posed improvement. The first hearing may be held between 14 and 60 days after the view. Owners affected shall be notified at least 20 days before the view. 6131.09 Preliminary Report The engineer is to prepare an estimate of cost for the :proposed improvement when notified of the petition. He is to comment on the feasibility of the improve-ment and state an opinion as to whether benefits will exceed cost. 6131.11 Finding against the Improvement If the board of commissioners finds the improvement unnecessary the petition is dismissed. Any affected owner may appeal the dismissal to the Court of Common Pleas. If no appeal is filed in 21 days, the petitioner shall pay all costs in-curred and the bond released. 6131.12 Finding !£!: the Improvement If the board finds for the improvement,the petition will be granted. The engineer is to prepare reports and schedules of the improvement. On granting the petition the board is to order the transfer from general revenue funds, 8 1/2 per-cent of the engineers estimate of cost. The route of the improvement as far as practj.cable, is to avoid running diagonally across farms. Where practical, it should follow lines and highways but approval must be obtained from the agency owning the highway• 6131.14 Duty of the Engineer ---The engineer shall make surveys, plans, oaps and profiles of the improvements. He is to make estimates of construction, engineering, notification, publication and incidental costs. He is to set stakes, note intersection of boundaries and deter-mine the extent of benefit to land affected. A schedule of work showing fall, excavation, bench marks, levels and other features of the improvement shall be made by the engineer. Plo.ns for the improvement shall be transmitted to the Department of Natural Resources and Department of Highways on completion for review and approval. These agencies have 30 days to review the plsns and note approval, recommendations, change or disapproval. The engineer is to prepare plans for the construction of the improvement, including an easement for the maintenance and construction. Specification may provide for sodding or seeding to a width of 10 feet at right angles to the top of ditch banks. In estiooting costs needed, farm gates may be included. These gates oay be kept locked at the owners request but are part of the improvement. He and the prosecuting attorney will prepare contract forms. 6131.15 Assessment According to Benefit The engineer will determine the percent of benefit tor public corporations and prepare a schedule of assessoents. le shall prepare a second schedule for each private owner. 6131.16 Filing Schedules After the engineer files the reports and schedules, a final hearing will be held within 30 to 60 days. All owners whose names appear will be notified of the hearing. If bonds are to be issued, owners I:la.Y pay their assessments in cash but must give notice of this intention within 10 days. 6131.17 Clains Any owner may accept the engineers assessment and compensation and will be -4-construed to have accepted unless he files a claim at the final hearing. All ex-ceptions shall be filed with the clerk of county commissionars en or before the final hes.ring. 6131.18 Council In all claims where the rights of the county are affected, the prosecuting attorney will represent the county. If the state is affected the Attorney General will represent the state. 6131.19 Hearing ~ Compensation At the final hearing the board will hear any competent evidence offered by interested owners. An appeal t'.18.y be taken by any owner, if in his opinion,the compensation is less than actual drainage or fair value. 6131.20 Final Hearing At the final hearing the cotnmissioners shall hear any proposed change in the route from that of the engineer. If the board finds such changes better serve the purpose, it may effect the change. Before making the change, all affected owners must be notified. 6131.21 ~May Dismiss Petition~ Final Hearing At the final hearing the board may review and reconsider its former order and shall affirm and proceed ordering and letting contracts or dismiss the petition. The boa.rd shall consider: (a) Cost of location and construction (b) Compensation for land or other property to be taken (c) Damages of land along the route and in the vicinity ( d) Damages below the improvement caused by the improveoent {e) Sufficiency of outlet (f) Benefit to the public welfare (g) Benefits to land, public corporation and state of Ohio (h) Any proper matter 'Which will assist it in finding for or against the improvement -5-If the petition is disoissed, the petitioners shall pay all costs except the cost of the engineer in making his survey reports and schedules. The petitioner · or any owner may appeal such order of distrl.ssal. 6131.22 Connnissioner e Determl.ne Assessments At the final hearing, any evidence for or against the assesscent and benefit will be heard. The o.ssesstient eha.11 be made in proportion to the benefits to the agency or owner. The board will confirm the assessment and order the engineer to let contracts. The board will set the time for payment of assessment and decide whether to issue bonds. Any owner opposed to the petition or proaeedings, or claims his assessment is excessive, may appeal. 6131.23 Payttent 52f. AAsessment At the final. hearing the board shall set the teros for payment of assessments as taxes,and if bonds are issued,the rate of interest. If the assessment is less than $500, not more than two seoi-a.nnua.l payoents are to be paid. If more than $500, the board detemines the nuober of installtlents. AssesStlent of $5 or less oust be paid in full. Assessments may be paid in cash within 10 days or will be added to the tax duplicate. 6131~24 Engineer ~ ~ Contract The engineer shall give notice of the time and place where bids will be accepted. Bids will be received by the clerk of the commissioners. If an appeal has been taken to the Court of COClr:lon Pleas, bids may be tabulat-ed but the deposit shall be returned and no further action taken. If no appeal has been taken, the engineer shall proceed. 6131.28 Appeals The appeal will be advanced or tried as soon as the court can hear it. Any owner rnak.ing an o.ppea.l my be joined witb. another interested owner by oral order -6. or in writing and be entered on the record as jointly interested. In such case, the costswill be bound jointly by the owners if the order appealed is sustained. 6131.30 Procedure ~ Appeal All owners in any way affected by the appeal shall come into court. The court may view the premises and make judgment as warrented by the evidence presented. An owner aggrieved by the judgment may file an exception. The burden of proof rests on the owner in the affirmative. The court, as a court of equity, shall bear all issues raised and make final judgment for or against the improvement, assessment, compensation and damages. 6131.31 Finding ~ Appeal A. If the appeal is from an order dismissing the petition and the court finds the improvement unnecessary, cost of the board snd court shall be paid by the peti.tioner and appellant. B. If an appeal is made before finding for the petition, the court shall order the engineer to survey and file reports and schedules. All owners interested will be notified and the court will hear evidence relating to assessment, compensa-tion and damages. C. If the appeal is on question of construction, route or termini or for or against branches, laterals, spurs or assessments or other questions, the cov.rt shall adjudge the cost as it deems equitable. 6131.32 Jury Trial On appeal of an order allowing or refusing compensation, the interested owners shall have the right to trial by jury. 6131.37 ~ Bids shall be sealed and in ~-riting and accompanied by certified check of 3 percent of the engineer's final estimate or $500, whichever is less. -7-All deposits of unsuccessful bidders will be returned at once. If a success-ful bidder refuses or neglects to sign a contract for 10 days or furnish bond, the board may declare his deposit forfeited. 6131.47 Removal of Obstruction During the work the engineer shall give 20 day notice to owners for removal of culverts, bridges, fences or floodgates when necessary. 6131.50 General Drainage Improvement~ The county commissioners of each county shall provide and establish the general drainage improvement fund which shall be used as a sinking fund for all bonds issued and shall consist of: A. any taxes collected for ditches and drainage purposes B. bonds c. special assessment D. other funds 6131.51 Payments~ the Drainage Improvement Fund All costs and expenses of improvements shall be paid from the general drainage improvement fund. The board shall, if necessary, levy on the grand duplicate of tle county a tax not to exceed five-tenths of one mill which shall be credited to the general drainage fund. 6131.57 Records A record shall be kept of the proceedings, estimates, assessments, contracts, and payments for compensation or damages. 6131.60 Interested Commissioner A commissioner, r-ersonally interested, who petitioned, owns land that will be taken, benefited or damaged, shall not act. The ;udge of Common Pleas Court shall appoint as many disinterested freeholders as needed for replacement. -8-6131.62 County ~ When the county commissioners petition for an improvement affecting county owned land, the board may file petition with the Court of Common Pleas. The court will perform the duties normally performed by the corillnissioners. 6131.63 Agreement ~ Construction £f Improvement Owners of nonagricultural land may jointly agree to the construction of an improvement, pay the costs and enter into a written agreement. Such an agreement must be filed with the corJt1ission for examination and review. Upon approval the owners may construct the improvenents. 6133.02 Improvement ,!!! ~ ~ ~ Counti If the improvenent benefits or damages land in two or more counties, the pro-ceeding shall be conducted by a joint board of commissioners. The procedure shall be the same as if the improvement was in one county with the clerk of the board to which the petition was presented acting as clerk. The engineer of any of the counties may be appointed to do the work assisted by engineers of other counties. If no agreement can be reached for selection of tbe engineer, the engineer of the county in which the petition was filed shall act. 6133.12 State's Share If the state is benefited by the improvement, it shall pay to the county treasurer in which the petition was filed the assessment levied. 6135.20 Outside £f the State The board may perform an improvement outside of the state if the privilege is granted by the adjoining state. 6137.02 Maintenance~ The board of each county shall maintain a fund for the rqiair and maintenance of each improvement. If two or more counties are affected, the joint board shall maintain this fund. This fund shall be derived by annua:!. assessment of the benefited owners. 6137.04 Conbining In;provenent The board, on recommendation of the engineer, can cor.ibine ir:1provements into a drainage district. The topography and soil type shall be considered for unif'ornity of maintenance. The county having the larger r:iaintenance responsibilities ehall naintain the fund and its engineer is responsible for the maintenance. 6137.05 Repairs The maintenance fund is subject to the use of the board. Repair shall be nade when the board, engineer or owners, by written complaint, believe that repairs are needed. 6137.08 Reduction in Maintenance Assessnent A. Owners nay apply for reduction due to work done on po.rt of the inprovement. The engineer shall deterrJine the reduction in assessment subject to approval by the board. B. Reduction up to 50 percent of am1ual i:minteno.nce assessment nny be granted for owners following conservation practices tho.t reduce water runoff and erosion. To require this reduction, the owner must file a certificate with the engineer from the soil conservation district that he is followicg these practices. 

An Abstract of the Ohio Drainage Laws (Enacted August 23, 1957 )

https://kb.osu.edu/bitstream/1811/69964/1/CFAES_ESS_294.pdf

An Abstract of the Ohio Drainage Laws (Enacted August 23, 1957 )

Abstract

Similar works

Full text

Available Versions

KnowledgeBank at OSU