Ohio Rev. Code » Chapter 709
Ohio Revised Code

Ohio Rev. Code § 709.031 (2026)

Report on accuracy of legal description - verification of signatures

✓ current as of May 2026
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Effective:
March 27, 2002
Latest Legislation:
Senate Bill 5 - 124th General Assembly
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(A) Within five days after the petition for annexation is filed with the board of county commissioners, the clerk of the board shall refer the legal description of the perimeter and the map or plat of the territory proposed to be annexed to the county engineer for a report upon the accuracy of the legal description of the perimeter, map, or plat. Upon receiving these items, the county engineer shall file, at least twenty-five days before the hearing, a written report with the board based on the engineer's findings, which shall not be conclusive upon the board. Failure of the engineer to make the report shall not affect the jurisdiction or duty of the board to proceed.

(B) The petition may be amended without further notice by leave of the board of county commissioners and with the consent of the agent for the petitioners if the amendment does not add to the territory embraced in the original petition and is made at least fifteen days before the date of the hearing. The board may rerefer the legal description of the perimeter, map, or plat to the county engineer if revisions are made in them, for a report on their accuracy. Upon receiving these items, the county engineer shall file, on or before the date of the hearing, a written report with the board based on the engineer's findings, which shall not be conclusive upon the board. Failure of the engineer to make the report shall not affect the jurisdiction or duty of the board to proceed.

(C) The board of township trustees of any township containing any territory proposed for annexation and any owners of real estate in the territory proposed for annexation may request that reasonable proof be presented of the authority of a person signing the petition on behalf of any person other than a natural being, the state, or a political subdivision of the state. The request shall be in writing and be filed with the board of county commissioners and with the agent for the petitioners at least fifteen days prior to the hearing on the petition. When such a request is filed, the agent for the petitioners shall present to the board of county commissioners at the hearing held under section 709.032 of the Revised Code sufficient evidence by affidavit or testimony to establish that the owner is a person other than a natural being, the state, or a political subdivision of the state and that the owner authorized the person whose signature is on the petition to sign the petition on its behalf. If the board does not find the evidence sufficient to establish this authority, it shall remove the signature from the petition.
Notes of Decisions
Cited in 38 cases, 1969–2020 · leading case: Cincinnati Milacron, Inc. v. Doughman, 64 Ohio St. 3d 585 (Ohio 1992).
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Cincinnati Milacron, Inc. v. Doughman, 64 Ohio St. 3d 585 (Ohio 1992). · cites it 11× “R.C. 709.031 and 709.032. After the hearing, the board decides whether to grant or deny the petition pursuant to R.”
State ex rel. Vill. of Chagrin Falls v. Geauga Cnty. Bd. of Commissioners, 775 N.E.2d 512 (Ohio 2002). · cites it 4× “The board did not conduct a hearing under former R.C. 709.031(A) 1 on the village’s second annexation petition.”
Taylor v. City of London, 723 N.E.2d 1089 (Ohio 2000). · cites it 5× “R.C. 709.031 and 709.032. Following the evidentiary hearing, the commissioners must approve or deny the petition based upon factors contained in R.”
In Re Annexation of 1,544.61 Acres, 470 N.E.2d 486 (Ohio Ct. App. 1984). · cites it 5× “The public hearing required by R.C. 709.031 et seq. was held before the Summit County Council, which subsequently denied the annexa *232 tion petition.”
Taylor v. London, 2000 Ohio 278 (Ohio 2000). · cites it 5× “R.C. 709.031 and 709.032. {¶ 11} Following the evidentiary hearing, the commissioners must approve or deny the petition based upon factors contained in R.”
In Re Petition for Annexation of 162.631 Acres, 556 N.E.2d 200 (Ohio Ct. App. 1988). · cites it 5× “Therefore, applying M. J. Kelley Co., supra, the hearing provided in this annexation proceeding was a quasi-judicial hearing.”
City of Cleveland v. City of Fairview Park, 545 N.E.2d 1287 (Ohio Ct. App. 1988). · cites it 4× “‘ ‘(B) Notice has been published as required by section 709.031 of the Revised Code. *34 “(C) The persons whose mames are subscribed to the petition are owners of real estate located in the territory in the petition, and as of the time the petition was filed with the board of…”
State ex rel. Chagrin Falls v. Geauga Cty. Bd. of Commrs., 2002 Ohio 4906 (Ohio 2002). · cites it 2× “The board did not conduct a hearing under former R.C. 709.031(A)1 on the village’s second annexation petition.”
State ex rel. City of Painesville v. Lake Cnty. Bd. of Commissioners, 757 N.E.2d 347 (Ohio 2001). · cites it 2× “Pursuant to R.C. 709.031, the board referred the petition to Lake County Engineer Thomas P.”
State ex rel. Unterbrink v. Elida Local Schs. Bd. of Edn., 2020 Ohio 5378 (Ohio Ct. App. 2020). · cites it 5× “At the time, former R.C. 709.031 required that “[t]he board of county commissioners shall set a time and place for hearing the petition * * * and shall immediately notify the agent of the petitioners of such time and place.”
Miami Twp. Bd. of Trs. v. Caton, 556 N.E.2d 1140 (Ohio 1990). · cites it 2× “03), (ii) delivery of a notice to the clerk of the municipal legislative authority of the notice of the substance of the petition and the time and place where the annexation petition will be heard, which notice is published in a newspaper of general circulation in the county…”
In re Appeal of Bass Lake Cmty., Inc., 449 N.E.2d 771 (Ohio 1983). · cites it 2× “07 states, in pertinent part: “(A) Within sixty days from the filing of the papers relating to the annexation * * * any person interested, and any other person who appeared in person or by an attorney in the hearing provided for in section 709.”
Show all 38 citing cases →
Ohio Rev. Code § 709.031(A): 4 cases
State ex rel. Vill. of Chagrin Falls v. Geauga Cnty. Bd. of Commissioners, 775 N.E.2d 512 (Ohio 2002). “The board did not conduct a hearing under former R.C. 709.031(A) 1 on the village’s second annexation petition.”
State ex rel. Chagrin Falls v. Geauga Cty. Bd. of Commrs., 2002 Ohio 4906 (Ohio 2002). “The board did not conduct a hearing under former R.C. 709.031(A)1 on the village’s second annexation petition.”
State ex rel. Unterbrink v. Elida Local Schs. Bd. of Edn., 2020 Ohio 5378 (Ohio Ct. App. 2020). “At the time, former R.C. 709.031 required that “[t]he board of county commissioners shall set a time and place for hearing the petition * * * and shall immediately notify the agent of the petitioners of such time and place.”
Joreski v. Teeple, 577 N.E.2d 419 (Ohio Ct. App. 1989).
Ohio Rev. Code § 709.031(B): 2 cases
In Re Petition for Annexation of 162.631 Acres, 556 N.E.2d 200 (Ohio Ct. App. 1988). “Therefore, applying M. J. Kelley Co., supra, the hearing provided in this annexation proceeding was a quasi-judicial hearing.”
State ex rel. Cornell v. Greene Cty. Bd. Commrs., 2014 Ohio 5584 (Ohio Ct. App. 2014).
Ohio Rev. Code § 709.031(C): 3 cases
State ex rel. City of Painesville v. Lake Cnty. Bd. of Commissioners, 757 N.E.2d 347 (Ohio 2001). “Pursuant to R.C. 709.031, the board referred the petition to Lake County Engineer Thomas P.”
State ex rel. Painesville v. Lake Cty. Bd. of Commrs., 2001 Ohio 1609 (Ohio 2001).
Baycliffs Corp. v. Vill. of Marblehead, 742 N.E.2d 209 (Ohio Ct. App. 2000).
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