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Ohio Revised Code

Ohio Rev. Code § 5563.01 (2026)

Execution of order to open road

✓ current as of May 2026

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Effective:

September 24, 1963

Latest Legislation:

Senate Bill 91 - 105th General Assembly

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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 compensation and damages, on account of such improvement. If, at the end of ten days, any person, firm, or corporation interested, has effected an appeal, then the order shall not be executed until the matters appealed from have been disposed of in the probate court or the common pleas court.

Any person, firm, or corporation desiring to appeal to the probate court or the common pleas court, when the improvement is located in two or more counties, may appeal to the probate or common pleas court of either county.

Notes of Decisions

Cited in 6 cases, 1966–2014 · leading case: In Re Vacation of Twp. Road 114, 216 N.E.2d 768 (Ohio Ct. App. 1966).

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In Re Vacation of Twp. Road 114, 216 N.E.2d 768 (Ohio Ct. App. 1966). · cites it 10× “This assignment is based on the claim that the procedure on the appeal to Common Pleas , Court is governed by the provisions of Section 5563.01 et seq., 'Revised Code, and that Section 5563.”

State ex rel. Lindenschmidt v. Bd. of Commissioners, 72 Ohio St. 3d 464 (Ohio 1995). “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.C. 5563.01 to 5563.17. R.C. 5553.30. R.”

State ex rel. Lindenschmidt v. Butler Cty. Bd. of Commrs., 1995 Ohio 49 (Ohio 1995). “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.C. 5563.01 to 5563.17. R.C. 5553.30. R.”

State ex rel. Patrick Bros., A Gen. P'ship v. Putnam Cty. Bd. of Commrs., 2014 Ohio 2717 (Ohio Ct. App. 2014). “R.C. 5563.01. Appellees claim that we should dismiss the appeal because no such appeal was filed.”

Goetz v. Bd. of Cnty. Commissioners of Butler Cnty., 517 N.E.2d 244 (Ohio Ct. App. 1986). · cites it 5× “[R.C. 5563.01 et seq.], which specifically provides the method of appeal to be followed in cases of granting or refusing applications for vacation or establishment of highways by the county commissioners.”

Wolf v. Lordi, 685 N.E.2d 818 (Ohio Ct. App. 1996). · cites it 2× “The Stillions subsequently filed a motion to dismiss the appeal on the ground that R.C. 5563.01 et seq., provides the exclusive method to seek judicial review of an order vacating a road.”

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