As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 232


Representatives Snitchler, Yates 

Cosponsors: Representatives Gardner, Boose, Huffman, McClain, Domenick 

A BILL
To amend sections 305.15, 315.02, 315.08, 315.14, 1
315.15, 315.16, 315.17, 315.18, 315.22, 315.25, 2
315.28, 315.29, 315.31, 315.32, 315.33, 315.34, 3
and 315.39 of the Revised Code to eliminate the 4
requirement that a county engineer be a 5
registered surveyor and require that the county 6
engineer have a registered surveyor on the county 7
engineer's staff or contract for the services of a 8
registered surveyor.9


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

       Section 1. That sections 305.15, 315.02, 315.08, 315.14, 10
315.15, 315.16, 315.17, 315.18, 315.22, 315.25, 315.28, 315.29, 11
315.31, 315.32, 315.33, 315.34, and 315.39 of the Revised Code be 12
amended to read as follows:13

       Sec. 305.15.  When the services of an engineer or surveyor14
are required with respect to roads, turnpikes, ditches, bridges, 15
or any other matter or duty imposed on the office of county 16
engineer, and when, on account of the amount of work to be17
performed, the board of county commissioners deems it necessary,18
upon the written request of the county engineer, the board may19
employ a registered professional engineer or registered surveyor20
and as many assistant engineers, rodmenrodpersons, and inspectors 21
as are needed, and may also enter into contracts with any person, 22
firm, partnership, association, or corporation qualified to 23
perform engineering or surveying services in the state for this 24
purpose and fix the compensation therefor. In awarding such 25
contracts the board shall not be required to comply with sections 26
153.40 andsection 5555.61 of the Revised Code. If no such 27
contract is entered into, the board shall furnish suitable 28
offices, necessary books, stationery, instruments, and implements 29
for the proper performance of the duties imposed on the engineer, 30
surveyor, assistant engineers, rodmenrodpersons, and inspectors 31
by such board.32

       Sec. 315.02.  No person holding the office of clerk of the 33
court of common pleas, sheriff, county treasurer, or county 34
recorder is eligible to hold the office of county engineer. No 35
person is eligible in any county as a candidate for suchthe36
office of county engineer or shall be elected or appointed thereto37
to that office unless hethe person is a registered professional 38
engineer and a registered surveyor, licensed to practice in this 39
state.40

       Sec. 315.08.  The office of the county engineer shall 41
contract for under section 305.15 of the Revised Code or perform 42
for the county all duties authorized or declared by law to be done 43
by a registered professional engineer or registered surveyor, 44
except those duties described in sections 307.37 and 307.38 and 45
Chapters 343., 6103., and 6117. of the Revised Code. The engineer 46
shall prepare all plans, specifications, details, estimates of 47
cost, and submit forms of contracts for the construction, 48
maintenance, and repair of all bridges, culverts, roads, drains,49
ditches, roads on county fairgrounds, and other public 50
improvements, except buildings, constructed under the authority of 51
any board within and for the county. The engineer shall not be 52
required to prepare plans, specifications, details, estimates of 53
costs, or forms of contracts for emergency repairs authorized 54
under section 315.13 of the Revised Code, unless the engineer 55
determines them necessary. The office of the county engineer 56
shall have a registered surveyor on its staff, who may be the 57
county engineer or another individual if the county engineer is 58
not a registered surveyor, or shall contract for surveying 59
services in accordance with section 305.15 of the Revised Code. A 60
registered surveyor acting under contract pursuant to section 61
305.15 of the Revised Code shall be considered to be acting on 62
behalf of the office of the county engineer.63

       Sec. 315.14.  The county engineer shall be responsible for64
the inspection of all public improvements made under authority of65
the board of county commissioners. The engineer shall keep in66
suitable books a complete record of all estimates and summaries of67
bids received and contracts for the various improvements, together68
with the record of all estimates made for payments on that work.69
The office of the county engineer shall make or contract for all 70
surveys required by law, shall perform or contract for all71
necessary services to be performed by a registered surveyor or72
registered professional engineer in connection with the73
construction, repair, or opening of all county roads or ditches74
constructed under the authority of the board, and shall perform 75
other duties as the board requires, provided that the duties76
described in sections 307.37 and 307.38 and Chapters 343., 6103., 77
and 6117. of the Revised Code shall be performed only pursuant to 78
an agreement between the county engineer and the board. An 79
agreement of that type may provide for the county engineer's 80
performance of duties described in one or more of those sections 81
or chapters, and may provide for the county engineer's performance 82
of all duties imposed upon a county sanitary engineer under 83
Chapters 6103. and 6117. of the Revised Code or only the duties 84
imposed upon a county sanitary engineer under Chapter 6117. of the85
Revised Code in relation to drainage. The board shall determine 86
the compensation for performance of the relevant duties described 87
in sections 307.37 and 307.38 and Chapters 343., 6103., and 6117. 88
of the Revised Code and shall pay the county engineer from funds89
available under the applicable section or chapter or from the90
general fund of the county. The performance of the relevant duties91
described in sections 307.37 and 307.38 and Chapters 343., 6103., 92
and 6117. of the Revised Code shall not constitute engaging in the 93
private practice of engineering or surveying.94

       Sec. 315.15.  When athe office of the county engineer or his 95
deputy is called upon to make a survey to be offered as evidence, 96
the adverse party having notice of the time of the making of such97
the survey, the county engineer or deputy, upon application of 98
either party to the cause of action, shall administer an oath to 99
any witness brought to prove any corner or line of suchthe100
survey, or the existence of any natural or artificial object or 101
mark whichthat is necessary to identify any corner or line of 102
suchthe survey. SuchThe testimony shall be reduced to writing,103
subscribed by the witnesses, and return thereof madereturned to 104
the court along with the return of the survey.105

       Sec. 315.16.  When a survey or calculation is to be used as 106
evidence, all calculations, by the county engineer or other 107
person, to ascertain the contents of a tract of land shall be made 108
by latitude and departure. On suchany plat, the person making 109
suchthe survey or calculation shall note the variation of the 110
magnetic needle from the original course of suchthe survey.111

       Sec. 315.17.  When a tract of land is situated in two or more 112
counties, or when the beginning of the entry or survey on which 113
suchthe tract of land depends is in a different county from that 114
in whichthan part of such tracts of land arethat tract, the 115
court of common pleas, in either of suchthe counties, may issue 116
an order of survey to the county engineer of either of suchthe117
counties, whoand the office of the county engineer shall survey118
suchthe tract of land and run and lay down the entry or survey 119
lines necessary to establish it.120

       Sec. 315.18.  On the application of any person producing to121
the county engineer a certificate from the proper officer, the 122
office of the county engineer or the engineer's deputy may survey 123
all lands that have been sold for taxes, which lie within the 124
engineer's county. When a portion of any land or lot has been sold 125
for taxes, and, after the sale and before a survey of the land or 126
lot, the land or lot is set off to another county by the erection 127
of a new county or change of county lines, the office of the128
engineer of the county in which the sale was made may make the 129
survey, and the county auditor of the same county shall make the 130
deed.131

       Sec. 315.22.  No survey made by or on behalf of the office of 132
the county engineer or his deputy, unless made by an order of the 133
court of common pleas, or made in accordance with sections 315.15 134
to 315.18 of the Revised Code, shall be considered evidence.135

       Sec. 315.25.  The county engineer shall make and keep, in a 136
book provided for that purpose, an accurate record of all surveys 137
made by him or his deputiesor on behalf of the office of the 138
county engineer for the purpose of locating any land or road 139
lines, or fixing any corner or monument by which it may be 140
determined, whether official or otherwise. Such surveysSurveys141
shall include corners, distances, azimuths, angles, calculations,142
plats, and a description of the monuments set up, with such143
references thereto as willthat aid in finding the names of the 144
parties for whom the surveys are made, and the date of making 145
suchthe surveys. SuchThe book shall be kept as a public record 146
by the engineer at histhe office of the county engineer, and it147
shall be at all proper times open to inspection and examination 148
by all persons interested thereinany person. Any other surveys 149
made in the county by competent surveyors, certified by such 150
surveyor to be correct and deemed worthy of preservation, may, by 151
order of the board of county commissioners, be recorded by the 152
engineer.153

       Sec. 315.28. (A) Any person who owns or is interested in a 154
tract of land within this state, any corner or line of which has 155
become lost or uncertain, or is in danger of becoming lost or 156
uncertain by the removal, destruction, defacement, or perishing 157
condition of any corner, witness or line tree, monument, or other158
cause, may call onrequest the office of the county engineer of 159
the county in which the land lies to make a survey of suchthat160
land, and may cause to be plantedplant at any corner, or at161
proper places in any line thereof, a stone or post, noting 162
particularly the situation and condition of the original corner 163
trees or monuments called for in the original survey, if found, 164
and of all other trees or monuments which itthat may be important 165
or advisable to note, and of all the places of notoriety over or 166
by which the lines of suchthe survey pass.167

       (B) If it is a single tract is divided by a county line, such168
an owner or interested person may call onrequest the office of169
the engineer of any county in which a part of suchthe tract lies 170
to survey that land as described in division (A) of this section. 171
The office of the engineer shall make out a plat and certificate 172
of suchthe survey, under histhe engineer's hand, noting the173
names of the chainmenchain holders, markers, and other assistants 174
in suchthe survey, and of all other persons present at the 175
planting of any stone or post. The engineer shall also note the 176
variation of the compass from the original calls at the time of 177
making suchthe survey.178

       Sec. 315.29. (A) When the corners of a survey as provided in 179
section 315.28 of the Revised Code have been destroyed, the owner 180
of suchthe survey or of other lands, the title of which is 181
affected by the loss of any suchthe corner, may call onrequest182
the office of the engineer of the county in which the land is 183
situated, who shall attend on the ground where it is intended to 184
establish suchthe corners, at suchthe time as the applicant 185
appoints. The186

       (B) The engineer shall issue a subpoena, directed to any187
constable or other person fit to execute it, to cause such188
witnesses, from outside as well as within histhe engineer's189
county, as the person demanding suchthe warrant or other 190
interested person requires, to come before himthe engineer. The191

       (C) The engineer shall examine suchthe witnesses on oath, 192
touching the existence and situation of suchthe corners, or any 193
other matter in relation to the entry or survey of suchthe land,194
and hethe engineer shall take the testimony in writing which195
shall be signed by the witnesses and certified and signed byshall 196
sign and the engineer shall sign or certify. In197

       (D) In making a survey of the land and planting stones or 198
posts at the corners, as provided in section 315.28 of the Revised 199
Code, the engineer shall have reference to and be governed by the 200
depositions so taken, and shall specify them in histhe engineer's201
certificate of survey, in which the engineer shall also be 202
mentionedinclude the names of the persons present at the planting 203
of any cornerstone or post. No204

       (E) No person who resides outside the county where such205
depositions are to be taken shall be bound to attend unless 206
traveling fees, both going and returning, and for one day's 207
attendance, have been tendered himthe engineer. No witness 208
attending from outside the county shall be obliged to attend more 209
than one day unless additional fees for such attendance are 210
tendered.211

       Sec. 315.31.  Any county engineer makingwhose office makes212
surveys under sections 315.28 to 315.30, inclusive, of the Revised 213
Code, shall record the plat and certificate of suchthe surveys in 214
a book kept by him for that purpose, together with the215
depositions, notices, advertisements, and the evidence in relation 216
to suchthe depositions, notices, and advertisements, and shall, 217
on demand, deliver the original plat and certificate of the survey 218
to the person at whose instance suchthe survey was made or 219
depositions taken.220

       Sec. 315.32.  The plat and certificate made by the office of221
any county engineer, or the depositions taken by such engineer, as 222
provided by sections 315.28 to 315.31, inclusive, of the Revised 223
Code, or a certified copy of suchthe plat, certificate, or 224
depositions from the engineer's office shall be evidence in any 225
court in any cause in which the title of any land to which they 226
apply is affected, but the recorded depositions of witnesses so 227
recorded shall only be received when suchthose witnesses are dead 228
or outside the jurisdiction of the court.229

       Sec. 315.33. County engineers, chainmen, and markersThe 230
office of the county engineer shall receive a fee for services 231
rendered under sections 315.28 to 315.32 of the Revised Code, but 232
the fee shall not exceed the actual cost incurred by the county 233
for labor, equipment, and materials. Witnesses shall receive the 234
same fees and mileage as allowed by section 2335.06 of the Revised 235
Code. All such expenses shall be paid by the persons applying for 236
a survey and depositions, who may recover, from the persons owning 237
the adjoining lands that are benefited by the perpetuation of such238
the testimony, their equal proportion of the expense incurred in 239
obtaining suchthe evidence.240

       Sec. 315.34.  Within hisa county engineer's own county, a241
countythe office of the county engineer may call before himinto242
attendance, examine on oath, and take in writing the testimony of 243
any witnesses for the establishment of any surveyed or agreed 244
corner of the lands of any person who applies to himthe engineer, 245
after notice has been given to the person holding adjoining lands, 246
as required in taking testimony for the establishment of old or 247
decayed corners of land bypursuant to the procedures described in248
section 315.30 of the Revised Code. The taking of testimony249
Testimony under this section shall be undertaken pursuant to the 250
same regulations and restrictions and in the same manner as 251
provided by sections 315.28 to 315.33, inclusive, of the Revised 252
Code.253

       Testimony taken under this sectionand shall have the same 254
effect in law as evidence taken to perpetuate old or decayed 255
corners under suchthose sections. The engineer, other officers, 256
and witnesses are entitled to demand and receive from the persons 257
interested in the surveys and establishment of corners, under this 258
section, the same fees as are allowed by section 315.33 of the 259
Revised Code for similar services.260

       Sec. 315.39.  Any person violating section 2921.31 of the 261
Revised Code shall be liable for all damages sustained by any 262
other person by the hindrance of the county engineer or his deputy263
a person in the engineer's office in carrying out the duties of 264
the engineer and the office of the engineer, and all expenses and 265
costs that accrue in consequence of the attendance ofby having266
the sheriff, who, upon the call of suchthe engineer or deputy, 267
shallperson from the engineer's office, accompany and protect him268
the engineer or person from the engineer's office.269

       Section 2. That existing sections 305.15, 315.02, 315.08, 270
315.14, 315.15, 315.16, 315.17, 315.18, 315.22, 315.25, 315.28, 271
315.29, 315.31, 315.32, 315.33, 315.34, and 315.39 of the Revised 272
Code are hereby repealed.273

       Section 3. Section 315.02 of the Revised Code, as amended by 274
this act, applies only to county engineers whose initial election 275
or appointment to that office is after the effective date of this 276
act.277