Legal Question in Real Estate Law in Ohio
Number of feet in highway right of way
Recently, I inherited a parcel of property in Ohio. At this time the county has elected to repair the county high way that runs adjecently to the property. The surveyors report that I have says that the right of way for this county road is 40 ft. The county engineer informs me that the right of way is not 60 ft. If so, when was legislation changed, and how do I find this particular law. I have searched the Ohio Code (Anderson's), and can find nothing that gives the number of feet in right of way clearances. Can you help?
2 Answers from Attorneys
Width of right-of-way
Right-of-way width is not set by statute. Whenever a governmental entity acquires right-of-way, it acquires a certain width. Sometimes right-of-way is donated and the deed designates the width. You need to check with the County Engineer to see on his plat what the width of any right-of-way is in the county where the property is located.
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If you build on it-they will remove it
Ohio Revised Code 5553.03 says all roads inOhio shall be at least 30 feet, but its widthis to be determined by the board of countycommissioners. Hire local counsel to check itout.
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