Ohio Revised Code

Ohio Rev. Code § 743.40 (2026)

Manner of appropriation - restrictions thereon

✓ current as of May 2026
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Appropriation of lands under section 743.39 of the Revised Code shall be made in accordance with sections 719.01 to 719.21, inclusive, of the Revised Code. As far as the rights of the public therein are concerned, the board of county commissioners as to county and state roads, the board of township trustees as to township roads, and the legislative authority of a municipal corporation as to streets and alleys, in their respective jurisdictions, may grant a municipal corporation the right to lay tubing, pipes, conduits, poles, and wires therein, subject to such regulations and restrictions as they prescribe. The right to appropriate for any such purpose shall not extend to the erection of any tank, station, reservoir, building, or lands therefor, or to more than one continuous pipe, conduit, or tubing, or land therefor, in or through a municipal corporation unless the legislative authority first consents thereto.

Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: City of St. Marys v. Dayton Power & Light Co., 607 N.E.2d 881 (Ohio Ct. App. 1992).
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City of St. Marys v. Dayton Power & Light Co., 607 N.E.2d 881 (Ohio Ct. App. 1992). “The amended answer, which was proffered for the record, asserted eleven defenses including new and complex issues such as alleged violations of appellant’s equal protection rights and the unconstitutionality of R.C. 743.40. We find no abuse of discretion in the trial court’s…”
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.