Ohio § 5571.011

§ 5571.011.

If a person through whose land a public road has been established which is under the

jurisdiction of a board of township trustees, desires to turn or change or relocate

such road or any part thereof through any part of the person's land, the person may

file a petition with such board of township trustees setting forth briefly the particular

change desired.  Upon receipt of such petition, the board of township trustees shall give notice

by publication once, not later than two weeks before the date which such board shall

fix for a hearing on such petition using at least one of the following methods: (A) In the print or digital edition of a newspaper of general circulation in said township; (B) On the official public notice web site established under section 125.182 of the Revised Code ; (C) On the web site and social media account of the township. The notice shall state that such petition has been filed and setting forth the change

desired in such road and the date and place of such hearing. Upon receipt of such a petition the board of township trustees shall cause a competent

engineer to make a survey of the ground over which the road is proposed to be changed,

and to make a report in writing, together with a plat and survey of the proposed change

and the engineer's opinion as to its advantage or disadvantage.  The report of such engineer shall be filed with the board prior to the hearing of

such petition. At the hearing had on the petition the board of township trustees may hear evidence

for or against changing the road, and if the board is satisfied that the proposed

change will not cause serious injury or disadvantage to the public, it may make a

finding of such fact in its journal and authorize the petitioner to change such road

in conformity with the prayer of the petition.  The board may grant the change as prayed for in the petition, or it may order such

change of the route of such road as will, in its judgment, be for the best interest

of the public. Upon receiving satisfactory evidence that the road has been changed as authorized

by it, and opened to the legal width and improved as required by it, the board of

township trustees shall declare such new road a public highway and cause a record

thereof to be made and at the same time vacate so much of the old road as is rendered

unnecessary by the new road.  The person petitioning for such change shall in all cases pay all costs and expenses

in connection with the proceeding, as found and determined by the board, and the expense

of making such change, including the cost of relocation of any conduits, cables, wires,

towers, poles or other equipment or appliances of any public utility, located on,

over or under such road.  The petitioner shall, on the filing of the petition for such change, give bond to

the satisfaction of the board in such amount as it determines to secure payment of

the costs of the proceeding and to cover the expense of making the change asked for

by the petition.