Dean C. Ringle, P.E., P.S. Franklin County Engineer

In 1880 the Revised Statutes were adopted, with all statute laws grouped into four categories: Political, Civil, Remedial and Penal

By 1951 it was decided that there were “antiquated, unnecessary, ineffective and useless laws” The General Assembly eliminated 2,361 sections of Statute from the General Code

The Revised Code was organized into 31 Titles or Chapters All Chapters are odd numbers Each Political Entity has their own Chapter

Chapter 27 Courts Chapter 53 Real Property Chapter 55 Roads-Bridges-Highways

1880 – 1910 ~ Revised Statutes 1910 – 1953 ~ General Code 1953 – present ~ Revised Code

 Date Vol. Page " It shall be the duty of said Commissioners to order said road to be opened a necessary width, not exceeding 66 feet". Date Vol. Page 4-13 (Repeals 2-207, and all previous acts)" shall order said road to be opened not exceeding 50 feet in width".

 Date Vol. Page 7-125, (Repeals 4-13) " shall order such road to be opened a necessary width not exceeding 66 feet Date Vol. Page (Repeals 7-125, " shall order a road opened a necessary width, not exceeding 60 feet"

 Date Vol. Page (Repeals ) " Commissioners shall set forth in their order the width of the road, not exceeding 60 feet nor less than 30 feet". Date Vol. Page " That when the General Assembly shall by law authorize any state roads or roads to be laid out and established" "they shall be 66 feet in width"

 Date Vol. Page (Repeals ) " that all roads and highways which have been or may hereafter by laid out and established agreeably to law, within this state, shall be opened and kept in repair or in the manner hereinafter provided, "and all county roads and township roads shall hereafter be laid out and established agreeably to the provisions of this act" and all county roads shall be 60 feet wide. Effective June 1, 1824.

 Date Vol. Page (Repeals ) "and all state roads that shall be hereafter established agreeably to the provisions of this act shall be opened and considered public highways 60 feet wide". Effective October 1, Date Vol. Page (This act supersedes all previous county road acts) "That all roads and highways which have been or may hereafter be, laid out and established agreeably to law, within this state, shall be opened and kept in repair in the following manner. " "and all county roads shall be 60 feet wide". Effective October 1, 1831.

 Date Vol. Page (Amendment to and repeals that part of requiring that all county roads shall be 60 feet wide) "County Commissioners, when they shall establish any county road, shall cause to be entered on their records the width of such road, provided such road shall not be opened less than forty nor more than 60 feet wide“ "and upon petition the commissioners may reduce the width of any road which has been already laid out and established, to a width not less than 40 feet. This law does not apply to Hardin, Allen, Van Wert, Putnam, Paulding, Williams, Henry, and Lucas Counties".

 Date Vol. Page (Repeals , 42-18, ) " That all county and township roads shall hereafter be laid out and established not less than 30 nor more than 60 feet wide, and in all cases shall be determined by the viewers of the same." Effective March 1, Date Vol. Page (Repeals ) " That all state roads be hereafter laid out by petition to the County Commissioners" roads shall be opened and considered public highways 60 feet wide".

 Date Vol. Page (Repeals ) " That all county roads and highways which shall hereafter be laid out and established, shall be not less than 30 nor more than 60 feet wide and in all cases the widths shall be determined by the viewers of the same". Effective April 7, Date Vol. Page "County Commissioners of their respective counties and trustees of their respective townships shall have power to increase or reduce the width of any county or township roads, provided they are not increased more than the maximum or minimum limits as fixed by law." Effective March 27, 1867.

 Date R. S (Revised Statute 4637 supersedes all previous acts) "-----all County roads hereafter laid out and established shall not be less than 30 nor more than 60 feet wide, to be determined by the viewers of the same as hereinafter provided, except that when the road is upon a state line, the County Commissioners may determine the width, not less than 15 nor more than 30 feet of the land to be taken in this state.

 ESTABLISHMENT OF WIDTH WHERE RECORDS HAVE BEEN LOST {General Code & ORC } Section General Code relates to lost road records and reads as follows: "As to all County roads whose records have been lost or destroyed as aforesaid (by fire, riot or civil commotion) and are not reproduced under the next four preceding sections prima facie, the center of the road as now fenced shall be taken as the true center and prima facie the width of such road shall be 60 feet" {Apr. 12, 1884}.

 Date (General Code 6861) {ORC } All public roads hereafter located and established by the County Commissioners shall be of such width, not less than 30 feet, as may be determined by the County Surveyor, subject to the approval of the County Commissioners.

  When an application is filed in the court of common pleas by the board of county commissioners, showing that the records of specified roads of the county were lost or destroyed by fire, riot, or civil commotion and that copies thereof or of some of them are in existence, and praying that the verity of such copies as are produced be ascertained and declared by the court, said court shall require notice to be given by publication for six weeks upon such days, not less than once a week, and in such newspapers as it directs, of the filing and prayer of such application, that it will stand for hearing upon some day fixed by the court, and requiring all persons interested to appear on such day and show cause why the application should not be granted. The court shall cause a copy of such publication to be served at each occupied house on premises abutting on such roads, upon any person dwelling therein, and on the owner of each lot or tract of land abutting on the roads, or his agent, if he is found in the county, at least one week before the day fixed for such hearing.  Effective Date: ORC Restoration of road records

  Upon the day fixed therefor, and upon such days thereafter as the court of common pleas directs by entry on its journal, the court shall proceed to hear and determine whether the papers produced before it pursuant to an application by a board of county commissioners under section of the Revised Code, or any of them, are accurate or substantial copies of the lost or destroyed records, fairly and honestly made. In considering the accuracy of such copies, the court shall hear any evidence which in its judgment clarifies the matter without regard to the ordinary rules of evidence. As often as the court finds any of such papers to be accurate or substantial copies of such records, the court shall enter such finding upon its journal and direct transcripts of such copies to be made by such persons as it selects. As often as any of such transcripts are completed to the satisfaction of the court, an entry of that fact must be made upon its journal. Thereupon the clerk of the court of common pleas shall certify on such transcript that it has been approved by the court, and deliver it to the board. Transcripts so certified prima facie have the same effect as the original from which the copies were made  Effective Date: ORC Proceedings for restoration of road records

  If at any time after the filing of an application as provided in section of the Revised Code, and before the final determination thereof, it appears to the court of common pleas that any person has in his possession or under his control papers purporting to be copies of a lost road record, or the originals from which they were made, and such person refuses to produce them to the court, the court shall issue a rule requiring such person to show cause why he does not produce such papers and enforce it by proceedings for contempt as in other cases. If the production of such papers is ordered by the court, the party ordered to produce them shall pay all the costs under this section  Effective Date: ORC Proceedings when copies in existence

  As to every county road the records of which have been lost or destroyed, and which records are not reproduced under section to , inclusive, of the Revised Code, the center of the road as fenced on April 12, 1884, is prima facie the true center, and the width of such road is prima facie sixty feet. Effective Date: ORC County roads

 ORC Width of county roads (A) Except as provided in division (B) of this section, all public roads located and established by the board of county commissioners subsequent to September 6, 1915, shall be of such width, not less than thirty feet, as is determined by the board. If a public road is established upon a county or state line, the board may determine the width of the strip of land in the county to be used for such purposes, but such width shall not be less than fifteen feet. Effective Date:

(B) The board of county commissioners may locate and establish public roads that are less than thirty but not less than twenty feet in width, when all of the following conditions are met: (1) The roads have been in continuous existence and use as private roads since at least 1952, and are located in land platted as a subdivision outside of the limits of a municipal corporation; (2) It is proved to the satisfaction of the board that the acquisition of additional land necessary to meet the width otherwise applying under division (A) of this section will involve or result in damage to structures or dwellings adjacent to the roads; (3) The county engineer submits to the board a detailed report on the kinds and amount of traffic using the roads, and showing that the lesser width is adequate to serve anticipated traffic volumes without endangering persons using the roads. Effective Date:

SUMMARY STATE ROADS From 1824 to all state roads are 66 feet wide. From to the present time all state roads are 60 feet wide.

COUNTY ROADS From 1792 to any width necessary. From to any width necessary not over 66 feet. From to any width necessary not over 60 feet. From to any width necessary not over 66 feet. From to any width necessary not over 60 feet.

From to any width between 30 feet and 60 feet, with specified width to be set forth in Commissioners order. From to all county roads shall be 60 feet wide. From to any width between 40 feet and 60 feet, the width to be recorded when established. The act of 1844 also permits any roads previously established to be reduced to a width not less than 40 feet upon petition to the Commissioners.

From to any width between 30 feet and 60 feet to be determined by viewers. From to the present time any width over 30 feet. Between 1867 and 1880 the County Commissioners had the power to increase or reduce the width of any County or Township road provided that they were not increased or decreased more than the limits allowed by law.

For purposes of RC , the term “county road” does not include township roads. OAG ***NOTE*** Not all present State Roads were established as State Roads. Not all present County Roads were established as County Roads. Not all present Township Roads were established as Township Roads.