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Home » US Law » 2022 Ohio Revised Code » Title 55 | Roads-Highways-Bridges » Chapter 5563 | Appeals in County Road Cases

Section 5563.01 | Execution of Order to Open Road.

Effective: September 24, 1963 Latest Legislation: Senate Bill 91 – 105th General Assembly No order of the board of county commissioners for locating, establishing, altering, straightening, widening, or changing the direction of a public road, shall be executed until ten days have elapsed after the board has made its final order in the matter of […]

Section 5563.02 | Appeal – Notice – Bond.

Effective: January 1, 1966 Latest Legislation: Senate Bill 94 – 106th General Assembly Any person, firm, or corporation interested therein, may appeal from the final order or judgment of the board of county commissioners, made in any road improvement proceeding and entered upon their journal, determining any of the following matters: (A) The order establishing […]

Section 5563.03 | Board of County Commissioners Shall Transmit Papers to Court.

Effective: September 24, 1963 Latest Legislation: Senate Bill 91 – 105th General Assembly Within ten days after the filing of an appeal bond or the making of the journal entry as provided by section 5563.02 of the Revised Code, the board of county commissioners shall transmit to the probate court or to the common pleas […]

Section 5563.04 | Hearing of Preliminary Questions and Motions.

Effective: September 24, 1963 Latest Legislation: Senate Bill 91 – 105th General Assembly The probate judge or common pleas judge shall designate a day, not exceeding five days after the docketing of the cause as provided by section 5563.03 of the Revised Code for the hearing of all preliminary questions and motions on an appeal […]

Section 5563.05 | Trial by Jury – Selection of Jurors.

Effective: May 22, 2012 Latest Legislation: House Bill 268 – 129th General Assembly If the probate judge or common pleas judge finds that an appeal in a road improvement case has been properly perfected, and that the proceedings are substantially regular, the judge shall fix a day, not more than twenty days after the finding, […]

Section 5563.06 | Consolidation of Cases.

Effective: September 24, 1963 Latest Legislation: Senate Bill 91 – 105th General Assembly If more than one party appeals, the probate court or common pleas court shall order the cases to be consolidated and tried together, but the rights of each person, firm, or corporation, as to compensation or damages, shall be separately determined by […]

Section 5563.08 | Oath of Jurors.

Effective: September 24, 1963 Latest Legislation: Senate Bill 91 – 105th General Assembly The probate court or common pleas court shall administer to the jurors in road improvement cases an oath that they will faithfully, impartially, and to the best of their ability, determine the particular matters appealed from, and render a true verdict, according […]

Section 5563.09 | Right to View Premises Before Testimony Is Submitted.

Effective: January 1, 1966 Latest Legislation: Senate Bill 94 – 106th General Assembly On motion of either party, the jury, under the care of an officer of the court and with such persons as the court may designate to show them the premises, and before any testimony shall be submitted, except the plat and a […]

Section 5563.10 | Verdict of Jury – Court to Make Finding.

Effective: March 17, 1987 Latest Legislation: House Bill 412 – 116th General Assembly At the conclusion of a trial under section 5563.05 of the Revised Code, the judge shall charge the jury and the jury shall determine in its verdict whether the improvement petitioned for or granted will be conducive to the public convenience and […]

Section 5563.11 | Taxing Costs.

Effective: September 24, 1963 Latest Legislation: Senate Bill 91 – 105th General Assembly The probate judge or the common pleas judge shall make a record of all proceedings before him, and tax the costs, which shall include jury fees, in favor of the prevailing party and against the losing party. If more than one matter […]

Section 5563.12 | Enforcement of Judgment.

Effective: September 24, 1963 Latest Legislation: Senate Bill 91 – 105th General Assembly Any judgment rendered by the probate court or the common pleas court in favor of any party in a road improvement cause may be enforced by execution issued out of the court, on its own motion or at the instance of the […]

Section 5563.13 | Transcript and Papers Certified to County Auditor.

Effective: September 24, 1963 Latest Legislation: Senate Bill 91 – 105th General Assembly The probate judge or the common pleas judge shall make a record of all proceedings had in the court on appeal in a road improvement case, and after the termination of such proceedings, or at the conclusion of an appeal, if an […]

Section 5563.16 | Fees and Compensation Taxed as Costs.

Effective: January 1, 1966 Latest Legislation: Senate Bill 94 – 106th General Assembly For their services required on appeal the officers and other persons mentioned in sections 5563.01 to 5563.17, inclusive, of the Revised Code, shall be entitled to the fees and compensation to which they are entitled for like services in other cases. The […]

Section 5563.17 | Procedure After Judgment Establishing Improvement.

Effective: January 1, 1966 Latest Legislation: Senate Bill 94 – 106th General Assembly If an appeal is taken from the order of the board of county commissioners dismissing or refusing to grant the prayer of a petition for a road improvement, and the jury finds in favor of such improvement, the court shall render judgment […]