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2014 Op. Ohio Att'y Gen. [i] (2014)

handle is hein.sag/sagoh0160 and id is 1 raw text is: January 17, 2014

The Honorable Jeff Adkins
Gallia County Prosecuting Attorney
Gallia County Courthouse
18 Locust Street, Room 1267
Gallipolis, Ohio 45631-1267
SYLLABUS:                                                                 2014-001
1.     Neither a county nor township is required to maintain an alley in a residential
subdivision located in the unincorporated territory of the county when (1) the
alley was not established as a public road by statutory appropriation and (2) no
language in the subdivision's plat or other evidence indicates that the alley has
been dedicated and accepted for use as a public road or established as a public
way of travel by prescription.
2.     Neither a county nor township is required to clear obstructions from an alley in
a residential subdivision located in the unincorporated territory of the county
when (1) the alley was not established as a public road by statutory
appropriation and (2) no language in the subdivision's plat or other evidence
indicates that the alley has been dedicated and accepted for use as a public
road or established as a public way of travel by prescription.
3.     Neither county nor township officials are required to prevent encroachments
that adversely affect travel on an alley in a residential subdivision located in
the unincorporated territory of the county when (1) the alley was not
established as a public road by statutory appropriation and (2) no language in
the subdivision's plat or other evidence indicates that the alley has been
dedicated and accepted for use as a public road or established as a public way
of travel by prescription.

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