Ohio § 709.39

§ 709.39.

The freehold electors owning lands in any portion of a village, such portion being

contiguous to an adjoining township, and comprising not less than one thousand five

hundred acres of land, may file a petition with the board of elections in such county

requesting that an election be held to obtain the opinion of the freehold electors

owning lands and residing within such portion of the village upon the question of

the detachment of the portion from such village, or, upon the question of the detachment

of such portion from the village and the erection of such detached portion into a

new township.  Such petition shall contain: (A) An accurate description of the territory sought to be detached; (B) An accurate map or plat thereof; (C) If the erection of a new township is also sought, the name proposed for such new

township; (D) The name of a person to act as agent of the petitioners; (E) Signatures equal in number to fifteen per cent of the total number of votes cast

at the last general election in such territory. Within ten days after the filing of such petition with the board, the board shall

determine whether the petition conforms to this section.  If it does not conform, no further action shall be taken thereon.  If it does conform, the board shall order an election, as prayed for in the petition,

which election shall be held at a convenient place within the territory sought to

be detached, on a day named by the board, which day shall be not less than ninety

days thereafter.  The board shall thereupon give ten days' notice of such election by publication

in a newspaper of general circulation in such territory, and shall cause written or

printed notices thereof to be posted in three or more public places in such territory.  The election shall be conducted in the manner provided in Title XXXV of the Revised

Code, and the judges and clerks thereof shall be designated by such board. If no freehold electors own lands in the portion of the village seeking to be detached,

the owners of lands within that portion may file a petition with the board of county

commissioners requesting that the board proceed with the 1 detachment procedures, or with procedures for the detachment and erection of the

portion of the village into a new township, pursuant to section 709.38 of the Revised Code .  The petition shall contain the items required in divisions (A), (B), and (D) of

this section, and signatures equal in number to at least a majority of the owners

of land within the portion of the village seeking to be detached. The ballots shall contain the words “for detachment,” and “against detachment.”  If a majority of the ballots cast at such election are cast against detachment, no

further proceedings shall be had in relation thereto for a period of two years.  If a majority of the votes cast at such election are cast for detachment, the result

of such election, together with the original petition and plat and a transcript of

all the proceedings of such board in reference thereto shall be certified by the board

and delivered to the county recorder, who shall record in the official records the

petition and plat and transcript of all the proceedings of the board and the result

of the election.  After having made such record, the county recorder shall certify and forward to

the secretary of state, a transcript thereof. The detachment of such territory from the village shall thereupon be complete, and,

if the petition included a request that such territory be erected into a new township,

the territory shall thereupon constitute a new township, under the name and style

specified in such petition.  All expense involved in holding such election, and in the filing, recording, and

transcribing of the records, provided for in this section, shall be defrayed by the

petitioners, and the board and the county recorder may require the payment thereof

in advance as a condition precedent to the taking by them, or either of them, of any

action provided for in this section. 1

 Prior and current versions differ;  although no amendment to this language was indicated

in 1980 H 1062, “with the” appeared as “with” in 1978 H 732.