Ohio § 5553.04

§ 5553.04.

(A) Subject to division (B) of this section, when the board of county commissioners is

of the opinion that it will be for the public convenience or welfare to locate, establish,

alter, widen, straighten, vacate, or change the direction of a public road, it shall

so declare by resolution, which resolution shall set forth the general route and termini

of the road, or part of the road, to be located, established, or vacated, or the general

manner in which the road is to be altered, widened, or straightened, or the direction

of the road is to be changed. Subject to division (B) of this section, when a petition, signed by at least twelve

freeholders of the county residing in the vicinity of the proposed improvement, or

signed by the owner of the right to mine coal lying under or adjacent to the proposed

improvement, is presented to the board requesting the board to locate, establish,

alter, widen, straighten, vacate, or change the direction of a public road, the board

shall view the location of the proposed improvement, and, if it is of the opinion

that it will be for the public convenience or welfare to make the improvement, it

may proceed to make the improvement as provided in sections 5553.04 to 5553.16 of the Revised Code .  The petition shall set forth the general route and termini of the road, or part

of the road, to be located, established, or vacated, or the general manner in which

the road is to be altered, widened, or straightened, or the direction of the road

is to be changed.  When the board declares by resolution its intention to proceed with the improvement,

it also may provide in the resolution for the establishment of an appropriate detour

route or for the temporary closing of the road to be improved.  When the petition presented to the board for a proposed improvement as provided

in this section is a petition signed by the owner of the right to mine coal lying

under or adjacent to the proposed improvement, that petitioner shall pay the costs

and expenses incurred by the board in connection with the proceedings initiated by

the petition, and the costs and expenses of making the improvement including compensation

and damages, and including the cost of relocation of any conduits, cables, wires,

towers, poles, or other equipment or appliances of any public utility or electric

cooperative as defined in section 4928.01 of the Revised Code , located on, over, or under the portion of the road affected by the improvement,

and, on demand by the board, shall give bond to the satisfaction of the board in the

amount the board determines to secure the payment of all of those costs and expenses. (B) A board of county commissioners shall not adopt a resolution to vacate a public road

that is a township road under division (A) of this section unless the applicable board

of township trustees has adopted a resolution approving the vacation.