As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 653   5            

      1997-1998                                                    6            


  REPRESENTATIVES SCHULER-BRADING-PATTON-MOTTLEY-CLANCY-BOGGS-     8            

       GARCIA-CATES-LOGAN-TAYLOR-O'BRIEN-OLMAN-WHALEN-OGG-         9            

        SAWYER-TERWILLEGER-OPFER-VAN VYVEN-LUCAS-BRITTON           10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 715.20 and 5543.14 of the Revised   14           

                Code to authorize municipal corporations,          15           

                counties, and townships under certain  conditions  16           

                to remove or trim trees and shrubs located in the  17           

                public right-of-way without the consent of, or     18           

                without paying compensation  to, abutting          19           

                landowners.                                        20           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 715.20 and 5543.14 of the Revised  24           

Code be amended to read as follows:                                25           

      Sec. 715.20.  Any municipal corporation may regulate the     34           

planting, trimming, and preservation of shade trees AND OTHER      35           

ORNAMENTAL SHRUBBERY in streets, alleys, and public grounds and    36           

places, and may provide for the planting, removal, trimming, and   37           

preservation of such trees and other ornamental shrubbery.  ANY    39           

MUNICIPAL CORPORATION MAY TRIM OR REMOVE SHADE TREES AND OTHER                  

ORNAMENTAL SHRUBBERY IN STREETS AND ALLEYS AS IS NECESSARY TO      40           

FACILITATE THE RIGHT OF THE PUBLIC TO IMPROVEMENT AND MAINTENANCE  41           

OF, AND UNINTERRUPTED TRAVEL ON, SUCH STREETS AND ALLEYS, AND THE  42           

MUNICIPAL CORPORATION IS NOT REQUIRED TO COMPENSATE THE ABUTTING   43           

LANDOWNER FOR TRIMMING OR REMOVING SUCH TREES AND SHRUBS AS IS     44           

NECESSARY TO FACILITATE THESE RIGHTS.                                           

      Sec. 5543.14.  With the consent of the abutting landowner,   53           

the THE county engineer shall have control of all trees and        55           

                                                          2      

                                                                 
shrubs in the county roads of his THE ENGINEER'S county, and the   56           

board of township trustees shall have control of all trees and     59           

shrubs in the township roads of its township, AS IS NECESSARY TO   60           

FACILITATE THE RIGHT OF THE PUBLIC TO IMPROVEMENT AND MAINTENANCE               

OF, AND UNINTERRUPTED TRAVEL ON, COUNTY AND TOWNSHIP ROADS.  THE   61           

ENGINEER OR BOARD IS NOT REQUIRED TO COMPENSATE THE ABUTTING       62           

LANDOWNER FOR TRIMMING OR REMOVING SUCH TREES AND SHRUBS AS IS     63           

NECESSARY TO FACILITATE THESE RIGHTS.  The department of           66           

agriculture or other proper department may, with the consent of    67           

the proper authorities and abutting landowner, take charge of the  68           

care CONTROL of such trees TO FACILITATE THESE RIGHTS.  Such       70           

department may, with the consent of the proper authorities of the               

township, county, or state, plant trees along the public highway   71           

and may use any funds available for the development of forestry    73           

in the state to pay the expense of the planting and care of such   74           

trees.  The ownership of all trees, so planted, shall remain in                 

the public.                                                        75           

      Section 2.  That existing sections 715.20 and 5543.14 of     77           

the Revised Code are hereby repealed.                              78