Ohio Revised Code

Ohio Rev. Code § 707.07 (2026)

Order of incorporation

✓ current as of May 2026
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After the hearing on a petition to incorporate, the board of county commissioners shall enter an order on its journal allowing the incorporation if it finds that:

(A) The petition contains all the matters required in section 707.02 of the Revised Code and the statements in the petition are true.

(B) Notice has been published as is required by section 707.05 of the Revised Code.

(C) The number of valid signatures on the petition constituted 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.

(D) The territory included in the proposed municipal corporation is compact and is not unreasonably large; municipal services, such as police and fire protection, street construction and maintenance, sanitary and storm sewers, planning, zoning, and subdivision control, and parks and recreational facilities are capable of being financed by the proposed municipal corporation with a reasonable local tax, using the current assessed valuation of properties as a basis of calculation; and the general good of the community, including both the proposed municipal corporation and the surrounding area, will be served if the incorporation petition is granted.

Notes of Decisions
Cited in 11 cases, 1955–1996 · leading case: Bd. of Trs. v. for Incorporation of Holiday City, 70 Ohio St. 3d 365 (Ohio 1994).
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Bd. of Trs. v. for Incorporation of Holiday City, 70 Ohio St. 3d 365 (Ohio 1994). · cites it 3× “R.C. 707.07 lists the various findings which the county commissioners must make before they may enter an order approving an incorporation.”
Cincinnati Milacron, Inc. v. Doughman, 64 Ohio St. 3d 585 (Ohio 1992). “The second legislative change involved the discretion of the board of county commissioners in annexation proceedings.”
In re Petition for Incorporation of the Vill. of Holiday City, 1994 Ohio 405 (Ohio 1994). · cites it 6× “R.C. 707.07. For example, the board must consider the "general good" of the community.”
State, Ex Rel. Dickerson v. Rike, 177 N.E.2d 681 (Ohio Ct. App. 1960). · cites it 10× “) The duties of the Board of County Commissioners with respect to the organization of a village are set forth in Section 707.07, Revised Code, which provides as follows: *231 “After the hearing on a petition to incorporate, presented as required in Section 707.”
State Ex Rel. Loofbourrow v. Bd. of Cnty. Commissioners, 132 N.E.2d 259 (Ohio Ct. App. 1955). · cites it 4× “06, Revised Code, is clearly defined by Section 707.07, which requires that the annexation be allowed if it finds certain enumerated facts to be true.”
In re Petition to Annex 320 Acres to the Vill. of S. Lebanon, 1992 Ohio 134 (Ohio 1992). “5 However, under the present statutes any owner, including corporations and trustees, may file annexation petitions. The second legislative change involved the discretion of the board of county commissioners in annexation proceedings.”
Toledo Edison Co. v. for Incorporation of Holiday City, 688 N.E.2d 571 (Ohio Ct. App. 1996). · cites it 3× “Second, party standing is also granted under R.C. 707.07(D). That section provides that the board of commissioners may grant the petition for incorporation if it finds that “the general good of the community, including both *488 the proposed municipal corporation and the…”
In Re Incorporation of Vill. of Holiday City, 666 N.E.2d 327 (Ohio Ct. App. 1995). · cites it 3× “After the hearing, the board shall grant the petition if it finds, pursuant to R.C. 707.07, that: “(A) The petition contains all the matters required in section 707.”
State ex rel. Loofbourrow v. Bd. of Cnty. Commrs., 167 Ohio St. (N.S.) 156 (Ohio 1957). · cites it 4× “These sections refer to the incorporation of villages, and *162 in Section 707.07, Revised Code, there are set out the various requirements for organization.”
State Ex Rel. Loofbourrow v. Bd. of Commrs., 150 N.E.2d 498 (Ohio Ct. App. 1957). · cites it 2× “By this process the Legislature sets out the procedure of annexation by petition to the county commissioners, whether upon petition of the village pursuant to ordinance of its council or by petition of the resident freeholders of the contiguous territory, and that procedure by…”
Chadwell v. Cain, 169 Ohio St. (N.S.) 425 (Ohio 1959). · cites it 2× “) Section 707.07, Revised Code, reads in part: “After the hearing on a petition * * * the Board of County Commissioners shall enter an order on its journal allowing the incorporation if it finds that: “(A) The petition contains all the matters required; “(B) The statements in…”
— Ohio Rev. Code § 707.07(1) — 1 case
In Re Incorporation of Vill. of Holiday City, 666 N.E.2d 327 (Ohio Ct. App. 1995). “After the hearing, the board shall grant the petition if it finds, pursuant to R.C. 707.07, that: “(A) The petition contains all the matters required in section 707.”
— Ohio Rev. Code § 707.07(D) — 4 cases
Bd. of Trs. v. for Incorporation of Holiday City, 70 Ohio St. 3d 365 (Ohio 1994). “R.C. 707.07 lists the various findings which the county commissioners must make before they may enter an order approving an incorporation.”
In re Petition for Incorporation of the Vill. of Holiday City, 1994 Ohio 405 (Ohio 1994). “R.C. 707.07. For example, the board must consider the "general good" of the community.”
Toledo Edison Co. v. for Incorporation of Holiday City, 688 N.E.2d 571 (Ohio Ct. App. 1996). “Second, party standing is also granted under R.C. 707.07(D). That section provides that the board of commissioners may grant the petition for incorporation if it finds that “the general good of the community, including both *488 the proposed municipal corporation and the…”
In Re Incorporation of Vill. of Holiday City, 666 N.E.2d 327 (Ohio Ct. App. 1995). “After the hearing, the board shall grant the petition if it finds, pursuant to R.C. 707.07, that: “(A) The petition contains all the matters required in section 707.”
— Ohio Rev. Code § 707.07(E) — 2 cases
Bd. of Trs. v. for Incorporation of Holiday City, 70 Ohio St. 3d 365 (Ohio 1994). “R.C. 707.07 lists the various findings which the county commissioners must make before they may enter an order approving an incorporation.”
In re Petition for Incorporation of the Vill. of Holiday City, 1994 Ohio 405 (Ohio 1994). “R.C. 707.07. For example, the board must consider the "general good" of the community.”
— Ohio Rev. Code § 707.07(I) — 2 cases
Cincinnati Milacron, Inc. v. Doughman, 64 Ohio St. 3d 585 (Ohio 1992). “The second legislative change involved the discretion of the board of county commissioners in annexation proceedings.”
In re Petition to Annex 320 Acres to the Vill. of S. Lebanon, 1992 Ohio 134 (Ohio 1992). “5 However, under the present statutes any owner, including corporations and trustees, may file annexation petitions. The second legislative change involved the discretion of the board of county commissioners in annexation proceedings.”
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