As Passed by the Senate 1
122nd General Assembly 4
Regular Session 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-SENATORS CARNES-BLESSING-GAETH- 11
MUMPER-WHITE 12
_________________________________________________________________ 14
A B I L L
To amend sections 5543.10 and 5543.14 of the Revised 16
Code to authorize counties and townships under 17
certain conditions to remove or trim trees, 19
shrubs, and other vegetation located in or 20
encroaching on sidewalk easements, to specify 21
that counties and townships may remove or trim 22
trees, shrubs, and other vegetation located in or 23
encroaching on road rights-of-way without the 24
consent of abutting landowners, and to authorize 26
counties and townships to repair driveways within 27
a sidewalk easement as part of a sidewalk 30
construction or repair project. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 5543.10 and 5543.14 of the 35
Revised Code be amended to read as follows: 36
Sec. 5543.10. (A) The county engineer, upon the order of 45
the board of county commissioners or board of township trustees, 47
shall construct sidewalks of suitable materials, along or 48
connecting the public highways, outside any municipal 49
corporation, upon the petition of a majority of the abutting
property owners, and the expense of construction of such 51
sidewalks may be paid by the county or township, or by the county 52
2
or township and abutting property owners in such proportion as 53
determined by the board of county commissioners or board of 54
township trustees. The board of county commissioners or board of
township trustees may assess part or all of the cost of such 55
sidewalks against the abutting property owners, in proportion to 56
benefits accruing to such property.
The board of county commissioners or board of township 58
trustees may, by unanimous vote, order the construction, repair, 59
or maintenance of sidewalks along or connecting the public 60
highways, outside a municipal corporation, without a petition 61
therefor, and may assess none, all, or any part of the cost 62
against abutting property owners, provided that notice is given 63
by publication for three successive weeks in a newspaper of 65
general circulation within the county, stating the intention of 67
the board of county commissioners or board of township trustees 69
to construct, repair, or maintain such sidewalks, and fixing a 71
date for hearing on the improvement. AS PART OF THESE SIDEWALK 72
IMPROVEMENTS, THE BOARD MAY INCLUDE THE REPAIR OR RECONSTRUCTION 73
OF A DRIVEWAY WITHIN THE SIDEWALK EASEMENT.
Notice to all abutting property owners shall be given by 75
two publications in a newspaper of general circulation in such 77
county, at least ten days prior to the date fixed in the notice 79
for the making of such assessments. Such notice shall state the 81
time and place when abutting property owners will be given an 82
opportunity to be heard with reference to assessments, and the 83
board of county commissioners or board of township trustees shall 85
determine whether such assessments shall be paid in one or more 87
installments.
(B) THE COUNTY ENGINEER MAY TRIM OR REMOVE ANY AND ALL 89
TREES, SHRUBS, AND OTHER VEGETATION GROWING IN OR ENCROACHING 90
ONTO THE RIGHT-OF-WAY OF THE EASEMENT OF A PUBLIC SIDEWALK ALONG 91
OR CONNECTING THE PUBLIC HIGHWAYS AND MAINTAINED BY THE COUNTY, 92
AND THE BOARD OF TOWNSHIP TRUSTEES MAY TRIM OR REMOVE ANY AND ALL 93
TREES, SHRUBS, AND OTHER VEGETATION GROWING IN OR ENCROACHING 94
3
ONTO THE RIGHT-OF-WAY OF THE EASEMENT OF A PUBLIC SIDEWALK ALONG 95
OR CONNECTING THE PUBLIC HIGHWAYS AND MAINTAINED BY THE TOWNSHIP, 96
AS IS NECESSARY IN THE ENGINEER'S OR BOARD'S JUDGMENT TO
FACILITATE THE RIGHT OF THE PUBLIC TO IMPROVEMENT AND MAINTENANCE 97
OF, AND UNINTERRUPTED TRAVEL ON, PUBLIC SIDEWALKS IN THE COUNTY 98
OR TOWNSHIP.
Sec. 5543.14. With the consent of the abutting landowner, 107
the THE county engineer shall have control of MAY TRIM OR REMOVE 109
ANY AND all trees and, shrubs in, AND OTHER VEGETATION GROWING IN 111
OR ENCROACHING ONTO THE RIGHT-OF-WAY OF the county roads of his 112
THE ENGINEER'S county, and the board of township trustees shall 114
have control of MAY TRIM OR REMOVE ANY AND all trees and, shrubs 117
in, AND OTHER VEGETATION GROWING IN OR ENCROACHING ONTO THE 118
RIGHT-OF-WAY OF the township roads of its township, AS IS 120
NECESSARY IN THE ENGINEER'S OR BOARD'S JUDGMENT TO FACILITATE THE 121
RIGHT OF THE PUBLIC TO IMPROVEMENT AND MAINTENANCE OF, AND 123
UNINTERRUPTED TRAVEL ON, COUNTY AND TOWNSHIP ROADS. THE ENGINEER
OR BOARD IS NOT REQUIRED TO COMPENSATE THE ABUTTING LANDOWNER FOR 124
TRIMMING OR REMOVING SUCH TREES, SHRUBS, AND OTHER VEGETATION AS 125
IS NECESSARY TO FACILITATE THESE RIGHTS. The department of 129
agriculture or other proper department may, with the consent of 130
the proper authorities and abutting landowner, take charge of the 131
care of such trees TO FACILITATE THESE RIGHTS. Such department 133
may, with the consent of the proper authorities of the township, 134
county, or state, plant trees along the public highway and may
use any funds available for the development of forestry in the 136
state to pay the expense of the planting and care of such trees. 137
The ownership of all trees, so planted, shall remain in the 138
public.
Section 2. That existing sections 5543.10 and 5543.14 of 140
the Revised Code are hereby repealed. 141