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Ohio Revised Code

Ohio Rev. Code § 707.02 (2026)

Petition for incorporation as village

✓ current as of May 2026

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Effective:

March 2, 1992

Latest Legislation:

House Bill 228 - 119th General Assembly

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The petition required by section 707.01 of the Revised Code shall be signed by fifty-one per cent of the electors within the territory proposed to be incorporated, as determined by the total number of votes cast within that territory for the office of governor at the preceding general election for that office, and shall contain or have attached thereto:

(A) A full description and an accurate map of the territory within the proposed municipal corporation;

(B) A statement signed by the county auditor as to the total assessed valuation of the area proposed for incorporation;

(C) A statement that the area consists of not less than two square miles, includes a population of not less than eight hundred persons per square mile, and has an assessed valuation of real, personal, and public utility property subject, except as otherwise provided in this division, to general property taxation of at least three thousand five hundred dollars per capita. In determining per capita assessed valuation under this division, the assessed valuation of any tangible personal property, buildings, structures, improvements, and fixtures that are exempt from taxation under division (B) of section 5709.081 of the Revised Code shall be added to the assessed valuation of real, personal, and public utility property subject to general property taxation.

(D) A statement by the secretary of state that the name proposed in the petition is not being used by any other municipal corporation in the state;

(E) The name of a person to act as agent for the petitioners;

(F) A statement of whether or not the proposed municipal corporation contains and includes territory within three miles of any portion of the boundary of an existing municipal corporation.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1994–2024 · leading case: City of Hamilton v. Fairfield Twp., 678 N.E.2d 599 (Ohio Ct. App. 1996).

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City of Hamilton v. Fairfield Twp., 678 N.E.2d 599 (Ohio Ct. App. 1996). · cites it 12× “R.C. 707.02 and 707.04 provide that a community may incorporate where a majority of the electors within the territory of the proposed municipality give their assent to the incorporation by signing a petition which is filed with the county commissioners and all existing municipal…”

Bd. of Trs. v. for Incorporation of Holiday City, 70 Ohio St. 3d 365 (Ohio 1994). · cites it 2× “Any person interested may appear, in person or by attorney, and contest the granting of the prayer of the petition provided for by section 707.02 of the Revised Code, and affidavits presented in support of or against the prayer of such petition shall be considered by the board.”

In re Petition for Incorporation of the Vill. of Holiday City, 1994 Ohio 405 (Ohio 1994). · cites it 3× “Former R.C. 707.02, Am.S.B. No. 221, 132 Ohio Laws, Part I, 353.”

Toledo Edison Co. v. for Incorporation of Holiday City, 688 N.E.2d 571 (Ohio Ct. App. 1996). · cites it 5× “Toledo Edison sought to enjoin Hoffman from recording the resolutions granting the petition on the ground that the petition did not meet the requirements of R.C. 707.02. Prior to addressing the merits of the injunction, the Williams County Court of Common Pleas denied appellees’…”

In Re Incorporation of Vill. of Holiday City, 666 N.E.2d 327 (Ohio Ct. App. 1995). · cites it 4× “02 is more inclusive than those eligible to petition for incorporation under R.C. 707.02, the same class of persons eligible to petition for annexation to a municipal corporation under R.”

Ravin Crossbows, LLC v. Hunter's Mfg. Co., Inc. (N.D. Ohio 2024). “Another section provides that “[t]he supervisory patent examiners are expected to personally check on the pendency of every application which is up for the third or subsequent Office action with a view to finally concluding its prosecution.”

— Ohio Rev. Code § 707.02(A) — 1 case

In Re Incorporation of Vill. of Holiday City, 666 N.E.2d 327 (Ohio Ct. App. 1995). “02 is more inclusive than those eligible to petition for incorporation under R.C. 707.02, the same class of persons eligible to petition for annexation to a municipal corporation under R.”

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