Ohio Rev. Code » Chapter 709
Ohio Revised Code

Ohio Rev. Code § 709.42 (2026)

Hearing - decision

✓ current as of May 2026
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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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If, upon the hearing of a cause of action as provided by section 709.41 of the Revised Code, the court of common pleas finds that the lands are farm lands, and are not within the original limits of the municipal corporation, that by reason of the same being or remaining within the municipal corporation the owner thereof is taxed and will continue to be taxed thereon for municipal purposes in substantial excess of the benefits conferred by reason of such lands being within the municipal corporation, and that said lands may be detached without materially affecting the best interests or good government of such municipal corporation or of the territory therein adjacent to that sought to be detached; then an order and decree may be made by the court, and entered on the record, that the lands be detached from the municipal corporation and be attached to the most convenient adjacent township in the same county. Thereafter the lands shall not be a part of the municipal corporation but shall be a part of the township to which they have been so attached. The costs shall be taxed as may seem right to the court.
Notes of Decisions
Cited in 4 cases, 2010–2017 · leading case: Campbell v. City of Carlisle, 2010-Ohio-5707, 939 N.E.2d 153.
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Campbell v. City of Carlisle, 2010-Ohio-5707, 939 N.E.2d 153. · cites it 10× “Accordingly, the court denied the petition for detachment because the Campbells had failed to demonstrate a requirement for detachment imposed by R.C. 709.42. {¶ 3} The Campbells appealed to the Twelfth District Court of Appeals.”
Reywal Co. v. City of Dublin, 933 N.E.2d 1164 (Ohio Ct. App. 10th Dist. 2010). · cites it 19× “1: The court of common pleas erred in granting summary judgment to Appellee because Appellants are entitled to detachment as their farmland is and will continue to be “taxed in substantial excess of the benefits conferred” by Appellee pursuant to R.C. 709.42, or, at the very…”
Rewyal Co. Ltd. P'ship v. Dublin, 2017-Ohio-367. · cites it 5× “R.C. 709.42, 6 No. 15AP-635 which addresses the hearing and decision on detachment, sets forth the remaining three requirements: If, upon the hearing of a cause of action as provided by section 709.”
Hahn Adventure, L.L.C. v. Thornville, 2014-Ohio-3387. · cites it 7× “41 and R.C. 709.42. In said petition, appellee sought detachment of the aforesaid parcels, a total of 290 acres (more or less), from the Village of Thornville into Thorn Township.”
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