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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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