130th Ohio General Assembly
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As Introduced

122nd General Assembly
Regular Session
1997-1998
H. B. No. 653

REPRESENTATIVES SCHULER-BRADING-PATTON-MOTTLEY-CLANCY-BOGGS- GARCIA-CATES-LOGAN-TAYLOR-O'BRIEN-OLMAN-WHALEN-OGG- SAWYER-TERWILLEGER-OPFER-VAN VYVEN-LUCAS-BRITTON


A BILL
To amend sections 715.20 and 5543.14 of the Revised Code to authorize municipal corporations, counties, and townships under certain conditions to remove or trim trees and shrubs located in the public right-of-way without the consent of, or without paying compensation to, abutting landowners.

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


Section 1. That sections 715.20 and 5543.14 of the Revised Code be amended to read as follows:

Sec. 715.20. Any municipal corporation may regulate the planting, trimming, and preservation of shade trees AND OTHER ORNAMENTAL SHRUBBERY in streets, alleys, and public grounds and places, and may provide for the planting, removal, trimming, and preservation of such trees and other ornamental shrubbery. ANY MUNICIPAL CORPORATION MAY TRIM OR REMOVE SHADE TREES AND OTHER ORNAMENTAL SHRUBBERY IN STREETS AND ALLEYS AS IS NECESSARY TO FACILITATE THE RIGHT OF THE PUBLIC TO IMPROVEMENT AND MAINTENANCE OF, AND UNINTERRUPTED TRAVEL ON, SUCH STREETS AND ALLEYS, AND THE MUNICIPAL CORPORATION IS NOT REQUIRED TO COMPENSATE THE ABUTTING LANDOWNER FOR TRIMMING OR REMOVING SUCH TREES AND SHRUBS AS IS NECESSARY TO FACILITATE THESE RIGHTS.

Sec. 5543.14. With the consent of the abutting landowner, the THE county engineer shall have control of all trees and shrubs in the county roads of his THE ENGINEER'S county, and the board of township trustees shall have control of all trees and shrubs in the township roads of its township, AS IS NECESSARY TO FACILITATE THE RIGHT OF THE PUBLIC TO IMPROVEMENT AND MAINTENANCE OF, AND UNINTERRUPTED TRAVEL ON, COUNTY AND TOWNSHIP ROADS. THE ENGINEER OR BOARD IS NOT REQUIRED TO COMPENSATE THE ABUTTING LANDOWNER FOR TRIMMING OR REMOVING SUCH TREES AND SHRUBS AS IS NECESSARY TO FACILITATE THESE RIGHTS. The department of agriculture or other proper department may, with the consent of the proper authorities and abutting landowner, take charge of the care CONTROL of such trees TO FACILITATE THESE RIGHTS. Such department may, with the consent of the proper authorities of the township, county, or state, plant trees along the public highway and may use any funds available for the development of forestry in the state to pay the expense of the planting and care of such trees. The ownership of all trees, so planted, shall remain in the public.


Section 2. That existing sections 715.20 and 5543.14 of the Revised Code are hereby repealed.
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