The public highways of the state shall be divided into three classes: state roads, county roads, and township roads.
(A) State roads include the roads and highways on the state highway system.
(B) County roads include all roads which are or may be established as a part of the county system of roads as provided in sections 5541.01 to 5541.03, inclusive, of the Revised Code, which shall be known as the county highway system. Such roads shall be maintained by the board of county commissioners.
(C) Township roads include all public highways other than state or county roads. The board of township trustees shall maintain all such roads within its township. The board of county commissioners may assist the board of township trustees in maintaining all such roads. This section does not prevent the board of township trustees from improving any road within its township.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1956–2025 · leading case: White v. Ohio Dep't of Transp., 564 N.E.2d 462 (Ohio 1990).
White v. Ohio Dep't of Transp., 564 N.E.2d 462 (Ohio 1990). · cites it 4ד08 provides that “[t]he state, county, and township shall each maintain its roads, as designated in section 5535.01 * * *.” R.C. 5571.02 also provides that “[t]he board of township trustees shall have control of the township roads of its township and shall keep them in good…”
Helton v. Scioto Cnty. Bd. of Commissioners, 703 N.E.2d 841 (Ohio Ct. App. 4th Dist. 1997). · cites it 2דIn appellants’ second assignment of error, they argue that the trial court erred in ignoring the statutory duty of the county to provide maintenance of county roads and ditches as set forth in R.C. 5535.01, 5543.01, 5543.12 and 315.08.”
Wooten v. CSX R.R., 842 N.E.2d 603 (Ohio Ct. App. 2d Dist. 2005). · cites it 3ד{¶ 46} R.C. 5535.01 divides the public highways of the state into three distinct classes: state roads, county roads, and township roads.”
Ray v. Warren, 2019-Ohio-4654. · cites it 5דR.C. 5535.01. County roads include “all roads which are or may be established as a part of the county system of roads as provided in sections 5541.”
Clements v. Trs. of Monroe Twp., 689 N.E.2d 976 (Ohio Ct. App. 12th Dist. 1996). · cites it 5ד01(C) specifically defines township roads as “all public highways other than state or county roads.” 1 R.C. 5535.01(C) further *4 provides that “[t]he board of township trustees shall maintain all such roads within its township.”
Strunk v. Dayton Power & Light Co., 453 N.E.2d 604 (Ohio 1983). “However, what the court fails to perceive is that this case involves a limited access highway as defined by R.C. 5535.01 et seq. Pursuant to R.C. 5501.”
Friend v. New Lexington Tree Farm, LLC, No. 2:18-cv-00198 (S.D. Ohio Sept. 5, 2019). · cites it 2ד90 at 11 (citing O.R.C. § 5535.01(C) (“The board of township trustees shall maintain all such roads within its township.”
State ex rel. Friesner v. Abke, 2025-Ohio-308, 262 N.E.3d 1200. · cites it 2דmandamus compelling the trustees to discharge their legal duties under R.C. 5535.01(C) and 5571.02 to maintain the path and keep it in good repair, and (4) awarding damages arising from the trustees’ failure and refusal to maintain the path and keep it in good repair.”
Richardson v. Mason, 638 N.E.2d 102 (Ohio Ct. App. 12th Dist. 1994). · cites it 2ד76 * * * ft Finally, R.C. 5535.01 provides: “The public highways of the state shall be divided into three classes: state roads, county roads, and township roads.”
White v. Ohio Dep't of Transp., 564 N.E.2d 462 (Ohio 1990). “08 provides that “[t]he state, county, and township shall each maintain its roads, as designated in section 5535.01 * * *.” R.C. 5571.02 also provides that “[t]he board of township trustees shall have control of the township roads of its township and shall keep them in good…”
Ohio Rev. Code § 5535.01(B): 2 cases
Wooten v. CSX R.R., 842 N.E.2d 603 (Ohio Ct. App. 2d Dist. 2005). “{¶ 46} R.C. 5535.01 divides the public highways of the state into three distinct classes: state roads, county roads, and township roads.”
Ray v. Warren, 2019-Ohio-4654. “R.C. 5535.01. County roads include “all roads which are or may be established as a part of the county system of roads as provided in sections 5541.”
Ohio Rev. Code § 5535.01(C): 6 cases
White v. Ohio Dep't of Transp., 564 N.E.2d 462 (Ohio 1990). “08 provides that “[t]he state, county, and township shall each maintain its roads, as designated in section 5535.01 * * *.” R.C. 5571.02 also provides that “[t]he board of township trustees shall have control of the township roads of its township and shall keep them in good…”
Clements v. Trs. of Monroe Twp., 689 N.E.2d 976 (Ohio Ct. App. 12th Dist. 1996). “01(C) specifically defines township roads as “all public highways other than state or county roads.” 1 R.C. 5535.01(C) further *4 provides that “[t]he board of township trustees shall maintain all such roads within its township.”
Wooten v. CSX R.R., 842 N.E.2d 603 (Ohio Ct. App. 2d Dist. 2005). “{¶ 46} R.C. 5535.01 divides the public highways of the state into three distinct classes: state roads, county roads, and township roads.”
Friend v. New Lexington Tree Farm, LLC, No. 2:18-cv-00198 (S.D. Ohio Sept. 5, 2019). “90 at 11 (citing O.R.C. § 5535.01(C) (“The board of township trustees shall maintain all such roads within its township.”
State ex rel. Friesner v. Abke, 2025-Ohio-308, 262 N.E.3d 1200. “mandamus compelling the trustees to discharge their legal duties under R.C. 5535.01(C) and 5571.02 to maintain the path and keep it in good repair, and (4) awarding damages arising from the trustees’ failure and refusal to maintain the path and keep it in good repair.”
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