Ohio Revised Code

Ohio Rev. Code § 727.09 (2026)

Special assessment proceedings may include more than one improvement

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When it is determined by the legislative authority of a municipal corporation and is recited in the resolution of necessity adopted under section 727.12 of the Revised Code, that the streets, alleys, easements, or other public places, or parts thereof, to be improved by construction of sidewalks, curbs, gutters, sewers, drains, or water lines or by paving, lighting, relocating overhead wires, cables, and appurtenant equipment underground, or treating the surface with dust-laying or preservative substances, sprinkling, sweeping, or cleaning are so situated in relation to each other that in order to complete the improvement thereof in the most practical and economical manner they should be improved at the same time, with the same kind of materials, and in the same manner, then such streets, alleys, easements, or other public places, or parts thereof, may be treated as a single improvement, and one resolution, ordinance, or contract providing for such improvement may include one or more of such streets, alleys, easements, or other public places, or parts thereof, at the discretion of the legislative authority, whose determination in respect thereto shall be final.

Notes of Decisions
Cited in 4 cases, 1960–1983 · leading case: Davis v. City of Willoughby, 173 Ohio St. 338 (1962).
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Davis v. City of Willoughby, 173 Ohio St. 338 (1962). · cites it 18× “The question presented is whether Section 727.09, Revised Code, is applicable to the proceedings of council in the enactment of the resolution of necessity for the construction of the sewer.”
Melvin v. City of Chillicothe, 176 N.E.2d 596 (Ohio Ct. App. 1960). · cites it 4× “The resolution of necessity was enacted pursuant to Section 727.09 of the Revised Code. After the adoption of the resolution the city attempted to comply with the notice requirements of Section 727.”
Williams v. City of Highland Heights, 460 N.E.2d 727 (Ohio Ct. App. 8th Dist. 1983). · cites it 2× “At that time, R.C. 727.09 (Recodification Act of 1953, the provisions of which are now found in R.”
Hodson v. Leister, 178 N.E.2d 107 (Ohio Ct. App. 10th Dist. 1961). · cites it 2× “Section 727.09, Revised Code. Council may appoint a board to deter *419 mine and report the estimated assessment to be charged.”
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