Ohio Rev. Code » Chapter 5553
Ohio Revised Code

Ohio Rev. Code § 5553.04 (2026)

Procedure for establishing, altering, or vacating road - petition

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Effective:
March 22, 2019
Latest Legislation:
House Bill 500 - 132nd General Assembly
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(A) Subject to division (B) of this section, w hen 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.
Notes of Decisions
Cited in 11 cases, 1958–2014 · leading case: Indep. v. Off. of the Cuyahoga Cty. Exec. (Slip Opinion), 2014-Ohio-4650, 28 N.E.3d 1182.
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Indep. v. Off. of the Cuyahoga Cty. Exec. (Slip Opinion), 2014-Ohio-4650, 28 N.E.3d 1182. · cites it 2× “{¶ 6} In 1967, Cuyahoga County vacated Old Rockside Road as a county road, pursuant to R.C. 5553.04, after completing construction of a new Rockside Road.”
State ex rel. Patrick Bros., A Gen. P'ship v. Putnam Cty. Bd. of Commrs., 2014-Ohio-2717. · cites it 6× “* * * R.C. 5553.04. (D) In the resolution required by section 5553.”
State ex rel. Lindenschmidt v. Butler Cty. Bd. of Commrs., 72 Ohio St. 3d 464 (1995). · cites it 2× “Pursuant to R.C. 5553.04, the board viewed the location of the proposed road vacation and held hearings on Lindenschmidt's petition.”
State ex rel. Lindenschmidt v. Bd. of Commissioners, 72 Ohio St. 3d 464 (1995). “R.C. 5553.04. A board’s decision on a petition to vacate a county road may be appealed, and any appeal may be perfected in the manner provided in R.”
Est. of Ruff v. Nichols, 482 N.E.2d 570 (Ohio 1985). · cites it 2× “” This determination, which is required to be made pursuant to R.C. 5553.04, lies within the sound discretion of the county commissioners 2 ; and, unless the record is devoid of any support for such a determination, it should not be disturbed on appeal.”
In Re Vacation of Twp. Road 114, 216 N.E.2d 768 (Ohio Ct. App. 3d Dist. 1966). · cites it 3× “After appropriate proceedings by and before the county commissioners as provided by Section 5553.04 et seq., Revised Code, they found “that said improvement will not serve the public convenience and welfare, and the said YaoatioN is therefore, Refused.”
Bigler v. Twp. of York, 609 N.E.2d 529 (Ohio 1993). “042, provides: “A township shall lose all rights in and to any public road, highway, street, or alley which has been abandoned and not used for a period of twenty-one years, after formal proceedings for vacation as provided in sections 5553.04 to 5553.11 of the Revised Code have…”
Hoyt v. Hull, 677 N.E.2d 377 (Ohio Ct. App. 7th Dist. 1996). · cites it 2× “R.C. 5553.04 sets forth the procedure for vacating a road and provides: “When the board of county commissioners is of the opinion that it will be for the public convenience or welfare to * * * vacate * * * a public road, it shall so declare by resolution, which resolution shall…”
In Re Appropriation of Easement for High. Purposes, 221 N.E.2d 476 (Ohio Ct. App. 1966). · cites it 2× “Those proceedings were had under, and were governed by, the provisions of Section 5553.04, Bevised Code, and the landowners in both cases filed applications for compensation and damages for the vacation of this road in May 1963, with the Board of County Commissioners of Hancock…”
Niekamp v. Linzell, 167 Ohio St. (N.S.) 350 (Ohio 1958). · cites it 4× “02, Revised Code, is the defendant Director of Highways impliedly authorized to close or vacate a township road incident to the construction of a limited access highway? It is agreed that county commissioners are expressly authorized to close or vacate township roads by…”
Thompson v. Smith, 873 N.E.2d 323 (Ohio Ct. App. 7th Dist. 2006). “042, which states (in its current version): {¶ 39} “(B) A township shall lose all rights in and to any public road, highway, street, or alley which has been abandoned and not used for a period of twenty-one years, after formal proceedings for vacation as provided in sections…”
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