Ohio Rev. Code » Chapter 729
Ohio Revised Code

Ohio Rev. Code § 729.02 (2026)

Resolutions of necessity for construction or repair of sidewalks, curbs, or gutters

✓ current as of May 2026
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Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
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When it is deemed necessary by a municipal corporation to require the construction or repair of sidewalks, curbs, or gutters within the municipal corporation by the owners of the lots or lands abutting thereon, the legislative authority of the municipal corporation shall cause plans, specifications, and an estimate of the cost of such construction or repair to be prepared, showing the location and dimensions of such sidewalks, curbs, or gutters and the specifications for the construction or repair thereof, and filed in the office of the clerk of the legislative authority. After such plans, specifications, and estimate of cost have been filed, as provided in this section, the legislative authority may declare the necessity for the construction or repair of such sidewalks, curbs, or gutters by the adoption of a resolution which shall:

(A) Approve the plans, specifications, and estimate of cost of the proposed construction or repair on file as provided by this section;

(B) Describe the lots and lands abutting upon the sidewalks, curbs, or gutters to be constructed or repaired by the termini of the improvement or by street address;

(C) Set forth that such sidewalks, curbs, or gutters shall be constructed or repaired by the owners of the lots or lands abutting thereon in accordance with the specifications on file in the office of the clerk of the legislative authority of the municipal corporation;

(D) Set forth the time within which such sidewalks, curbs, or gutters shall be constructed or repaired by the owners of the lots and lands abutting thereon, which shall not be less than thirty days from the date of service of notice under section 729.03 of the Revised Code, on the owner of the lots or lands;

(E) State that in the event such sidewalks, curbs, or gutters are not constructed or repaired by the owners of the lots and lands abutting thereon in accordance with such plans and specifications and within the time prescribed in this resolution, the municipal corporation will so construct or repair such sidewalks, curbs, or gutters and assess the cost thereof against the lots and lands abutting thereon.
Notes of Decisions
Cited in 3 cases, 1960–1990 · leading case: D'Antuono v. City of Springfield, 180 N.E.2d 607 (Ohio Ct. App. 1960).
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D'Antuono v. City of Springfield, 180 N.E.2d 607 (Ohio Ct. App. 1960). · cites it 4× “Section 729.02, Revised Code, which provides for notice reads in part as follows: *104 “When the legislative authority of a municipal corporation declares by resolution that certain specified sidewalks, curbing, or gutters shall be constructed or repaired, the clerk of the…”
Stewart v. City of Bay Vill., 591 N.E.2d 1305 (Ohio Ct. App. 8th Dist. 1990). · cites it 2× “assessment therefor, the legislative authority of a municipal corporation may require the construction or repair of sidewalks, curbs, or gutters within the municipal corporation by the owners of lots or lands abutting thereon, and upon the failure of such owners to construct or…”
Williams v. City of Highland Heights, 460 N.E.2d 727 (Ohio Ct. App. 8th Dist. 1983). · cites it 4× “18-1982 was enacted pursuant to R.C. 729.02, which describes the procedure a municipal corporation should follow when it finds that it is necessary to require the construction of sidewalks by the owners of the land abutting such sidewalks.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.