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