Ohio § 709.02
Full text of Ohio Ohio Revised Code § 709.02, with citation guidance and answers to common questions.
§ 709.02.
(A) The owners of real estate contiguous to a municipal corporation may petition for
annexation to a municipal corporation in the manner provided by sections 709.02 to 709.11 of the Revised Code . (B) Application for annexation shall be made by a petition filed with the clerk of the
board of county commissioners of the county in which the territory is located. (C) The petition required by this section shall contain the following: (1) The signatures of a majority of the owners of real estate in the territory proposed
for annexation. The person who signs or the circulator of the petition also shall write the date
the signature was made next to the owner's name. No signature obtained more than one hundred eighty days before the date on which
the petition is filed shall be counted in determining the number of signers of the
petition. Any owner who signed the petition may have the signature removed before the document
is filed by delivering a signed statement to the agent for the petitioners expressing
the owner's wish to have the signature removed. Upon receiving a signed statement, the agent for the petitioners shall strike through
the signature, causing the signature to be deleted from the petition. (2) An accurate legal description of the perimeter and an accurate map or plat of the
territory proposed for annexation; (3) The name of a person or persons to act as agent for the petitioners. The agent for the petitioners may be an official, employee, or agent of the municipal
corporation to which annexation is proposed. (D) At the time of filing the petition for annexation, the agent for the petitioners
also shall file with the clerk of the board a list of all tracts, lots, or parcels
in the territory proposed for annexation, and all tracts, lots, or parcels located
adjacent to that territory or directly across the road from it when the road is adjacent
to it, including the name and mailing address of the owner of each tract, lot, or
parcel, and the permanent parcel number from the county auditor's permanent parcel
numbering system established under section 319.28 of the Revised Code for each tract, lot, or parcel. This list shall not be considered to be a part of the petition for annexation, and
any error on the list shall not affect the validity of the petition. (E) As used in sections 709.02 to 709.21 , 709.38 , and 709.39 of the Revised Code , “ owner ” or “ owners ” means any adult individual who is legally competent, the state or any political
subdivision as defined in section 5713.081 of the Revised Code , and any firm, trustee, or private corporation, any of which is seized of a freehold
estate in land; except that easements and any railroad, utility, street, and highway
rights-of-way held in fee, by easement, or by dedication and acceptance are not included
within those meanings; and no person, firm, trustee, or private corporation, the
state, or any political subdivision, that has become an owner of real estate by a
conveyance, the primary purpose of which is to affect the number of owners required
to sign a petition for annexation, is included within those meanings. For purposes of sections 709.02 to 709.21 , 709.38 , and 709.39 of the Revised Code , the state or any political subdivision shall not be considered an owner and shall
not be included in determining the number of owners needed to sign a petition unless
an authorized agent of the state or the political subdivision signs the petition. The authorized agent for the state shall be the director of administrative services. An owner is determined as of the date the petition is filed with the board of county
commissioners. If the owner is a corporation, partnership, business trust, estate, trust, organization,
association, group, institution, society, state, or political subdivision, the petition
shall be signed by a person who is authorized to sign for that entity. A person who owns more than one parcel of real estate, either individually or as
a tenant in common or by survivorship tenancy, shall be counted as one owner for purposes
of this chapter.
Frequently Asked Questions About Ohio § 709.02
What does Ohio Revised Code § 709.02 cover?
Section 709.02 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 709.02?
A common citation format is "Ohio Revised Code § 709.02" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 709.02 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.