2016 Op. Ohio Att'y Gen. i (2016)

handle is hein.sag/sagoh0162 and id is 1 raw text is: 










January 8, 2016


The Honorable Kelly A. Riddle
Noble County Prosecuting Attorney
150 Courthouse
Caldwell, Ohio 43724


SYLLABUS:                                                                   2016-001


       1.     The phrase all adjoining owners, as used in R.C. 971.09(B), includes
              owners whose land touches property at a partition fence or division line
              that is the subject of a complaint filed under R.C. 971.09(A)(1)(b) or
              whose land touches the property upon which the partition fence or division
              line is located.

       2.     When a state road touches property at a partition fence or division line that
              is the subject of a complaint filed under R.C. 971.09(A)(1)(b) or touches
              property upon which the partition fence or division line is located, the
              state of Ohio, in its capacity as the Department of Natural Resources, is an
              adjoining owner as that term is used in R.C. 971.09(B), if the
              Department of Natural Resources owns, leases, manages, or otherwise
              controls the land on which the state road is located and the land that abuts
              the road is used to graze livestock.

       3.     When a county or township road touches property at a partition fence or
              division line that is the subject of a complaint filed under R.C.
              971.09(A)(1)(b), or touches property upon which the partition fence or
              division line is located, a county or township with a real property interest
              in recreational trails is an adjoining owner for purposes of R.C.
              971.09(B) if the county or township owns, leases, manages, or otherwise
              controls the land on which the county or township road is located and the
              land that abuts the road is used to graze livestock.

       4.     A board of township trustees has no authority to settle a dispute between
              adjoining owners regarding the proper location of an existing partition
              fence.

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