Ohio Code 6131.64 – Vacation of ditch or drain
(A) Upon a petition being filed and a bond given as provided for the location and construction of an improvement, and upon the same proceedings with notice to interested parties for a hearing upon the petition, and with the same hearing as is provided for the location of an improvement, the board of county commissioners may determine whether any ditch or drain described in the petition has ceased to be a public utility, whether the public welfare no longer demands the maintenance thereof, and whether its vacation will be to the advantage of the public welfare.
Terms Used In Ohio Code 6131.64
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Bond: includes an undertaking. See Ohio Code 1.02
- Property: means real and personal property. See Ohio Code 1.59
(B) If the board finds that the vacation of the ditch or drain will be conducive to the public welfare, it may declare the same to be vacated and abandoned as a public ditch or drain and its location and establishment held for naught. The private rights of persons acquired by reason of the location and establishment of the ditch or drain shall not be interfered with nor impaired without due compensation being made, which compensation may be assessed on property that is benefited by the vacation of the ditch or drain.
(C) All proceedings relating to the vacation of a ditch or drain shall be conducted in accordance with this chapter, with all rights of appeal as provided in such sections.