As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. 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-SAWYER- 9
TERWILLEGER-OPFER-VAN VYVEN-LUCAS-BRITTON-JOLIVETTE-ALLEN- 10
CORBIN-PERZ-YOUNG-EVANS 11
13
A B I L L
To amend sections 5543.10 and 5543.14 of the Revised 15
Code to authorize counties and townships under 16
certain conditions to remove or trim trees and 18
shrubs located in sidewalk easements, to specify 19
that counties and townships may remove or trim 20
trees and shrubs located in road rights-of-way 21
without the consent of abutting landowners, and 23
to authorize counties and townships to repair 24
driveways within a sidewalk easement as part of 26
a sidewalk construction or repair project. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 5543.10 and 5543.14 of the 32
Revised Code be amended to read as follows: 33
Sec. 5543.10. (A) The county engineer, upon the order of 42
the board of county commissioners or board of township trustees, 44
shall construct sidewalks of suitable materials, along or 45
connecting the public highways, outside any municipal 46
corporation, upon the petition of a majority of the abutting
property owners, and the expense of construction of such 48
sidewalks may be paid by the county or township, or by the county 49
or township and abutting property owners in such proportion as 50
determined by the board of county commissioners or board of 51
township trustees. The board of county commissioners or board of
2
township trustees may assess part or all of the cost of such 52
sidewalks against the abutting property owners, in proportion to 53
benefits accruing to such property.
The board of county commissioners or board of township 55
trustees may, by unanimous vote, order the construction, repair, 56
or maintenance of sidewalks along or connecting the public 57
highways, outside a municipal corporation, without a petition 58
therefor, and may assess none, all, or any part of the cost 59
against abutting property owners, provided that notice is given 60
by publication for three successive weeks in a newspaper of 62
general circulation within the county, stating the intention of 64
the board of county commissioners or board of township trustees 66
to construct, repair, or maintain such sidewalks, and fixing a 68
date for hearing on the improvement. AS PART OF THESE SIDEWALK 69
IMPROVEMENTS, THE BOARD MAY INCLUDE THE REPAIR OR RECONSTRUCTION 70
OF A DRIVEWAY WITHIN THE SIDEWALK EASEMENT.
Notice to all abutting property owners shall be given by 72
two publications in a newspaper of general circulation in such 74
county, at least ten days prior to the date fixed in the notice 76
for the making of such assessments. Such notice shall state the 78
time and place when abutting property owners will be given an 79
opportunity to be heard with reference to assessments, and the 80
board of county commissioners or board of township trustees shall 82
determine whether such assessments shall be paid in one or more 84
installments.
(B) THE COUNTY ENGINEER MAY TRIM OR REMOVE ANY AND ALL 86
TREES AND SHRUBS IN THE EASEMENT OF A PUBLIC SIDEWALK ALONG OR 87
CONNECTING THE PUBLIC HIGHWAYS AND MAINTAINED BY THE COUNTY, AND 88
THE BOARD OF TOWNSHIP TRUSTEES MAY TRIM OR REMOVE ANY AND ALL 89
TREES AND SHRUBS IN THE EASEMENT OF A PUBLIC SIDEWALK ALONG OR 90
CONNECTING THE PUBLIC HIGHWAYS AND MAINTAINED BY THE TOWNSHIP, AS 91
IS NECESSARY IN THE ENGINEER'S OR BOARD'S JUDGMENT TO FACILITATE
THE RIGHT OF THE PUBLIC TO IMPROVEMENT AND MAINTENANCE OF, AND 92
UNINTERRUPTED TRAVEL ON, PUBLIC SIDEWALKS IN THE COUNTY OR 93
3
TOWNSHIP.
Sec. 5543.14. With the consent of the abutting landowner, 102
the THE county engineer shall have control of MAY TRIM OR REMOVE 104
ANY AND all trees and shrubs in the county roads of his THE 106
ENGINEER'S county, and the board of township trustees shall have 108
control of MAY TRIM OR REMOVE ANY AND all trees and shrubs in the 110
township roads of its township, AS IS NECESSARY IN THE ENGINEER'S 111
OR BOARD'S JUDGMENT TO FACILITATE THE RIGHT OF THE PUBLIC TO 112
IMPROVEMENT AND MAINTENANCE OF, AND UNINTERRUPTED TRAVEL ON, 113
COUNTY AND TOWNSHIP ROADS. THE ENGINEER OR BOARD IS NOT REQUIRED 114
TO COMPENSATE THE ABUTTING LANDOWNER FOR TRIMMING OR REMOVING 115
SUCH TREES AND SHRUBS AS IS NECESSARY TO FACILITATE THESE RIGHTS. 116
The department of agriculture or other proper department may, 119
with the consent of the proper authorities and abutting 120
landowner, take charge of the care of such trees TO FACILITATE 121
THESE RIGHTS. Such department may, with the consent of the 122
proper authorities of the township, county, or state, plant trees 123
along the public highway and may use any funds available for the 124
development of forestry in the state to pay the expense of the 125
planting and care of such trees. The ownership of all trees, so 126
planted, shall remain in the public. 127
Section 2. That existing sections 5543.10 and 5543.14 of 129
the Revised Code are hereby repealed. 130