Ohio Rev. Code » Chapter 707
Ohio Revised Code

Ohio Rev. Code § 707.28 (2026)

Division of property and funds when village or city is incorporated from township

✓ current as of May 2026
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Effective:
December 20, 2005
Latest Legislation:
Senate Bill 107 - 126th General Assembly
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When a village or a city is incorporated from a portion of a township, or portions of more than one township, a proper division of the real and personal property of the townships, and of the funds for township purposes which are in the treasury, or in the process of collection, of the townships from which the territory is taken, shall, upon application of the village or city treasurer to the probate court of the county in which the territory is situated, be determined and ordered transferred to the village or city, in the case of real or personal property, or, in the case of funds, paid to the village or city treasurer.

In determining the portion of the real and personal property and funds to which the village or city is entitled, the indebtedness of each township shall be taken into consideration. Ten days' notice of a hearing shall be given by the treasurer of the applicant to the township fiscal officer of each township whose property and funds are sought to be divided. The findings and orders of the probate court under this section shall be final.
Notes of Decisions
Cited in 4 cases, 1983–1994 · 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 2× “The crux of appellants’ discontent with the board’s decision granting the incorporation is that the township’s tax base and governmental services may decrease if the village of Holiday City files for a division of township property and funds under R.C. 707.28, or petitions for…”
In re Petition for Incorporation of the Vill. of Holiday City, 1994 Ohio 405 (Ohio 1994). · cites it 3× “Further, R.C. 707.28 provides for a division of township property and funds when an incorporation is eventually granted.”
Vill. of Roaming Shores v. Morgan Twp., 458 N.E.2d 394 (Ohio Ct. App. 1983). · cites it 10× “R.C. 707.28 provides: “When a village or a city is incorporated from a portion of a township, or portions of more than one township, a *50 proper division of the real and personal property of such townships, and of the funds for township purposes which are in the treasury, or in…”
Vill. of Buckeye Lake v. Licking Cnty. Budget Comm., 487 N.E.2d 294 (Ohio 1986). · cites it 2× “R.C. 707.28 which sets forth the procedure for dividing township property and funds in the township treasury when a village is created from a portion of a township.”
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