Recent AG Opinion - 2016-019 Annexation

July 5, 2016

2016-019 Annexation
Syllabus:

 

1. Pursuant to R.C. 709.02(C)(2), an annexation petition shall contain an accurate legal description of the perimeter and an accurate plat or map of the territory proposed for annexation. For purposes of R.C. 709.02(C)(2), an accurate legal description of the perimeter and an accurate map or plat of the territory proposed for annexation consist of one legal description of one perimeter and one map or plat of the territory proposed for annexation.

 

2. For purposes of R.C. 709.02(C)(2), the submission of a copy of a map or plat from the plat book of the county engineer that accurately reflects the area proposed for annexation fulfills the map or plat requirement.

 

3. For purposes of R.C 709.02(C)(2), an accurate legal description, map, or plat, is one that provides information sufficient to enable one to reasonably ascertain the limits and boundaries of the territory proposed for annexation.

 

4. Whether a legal description of the perimeter and a map or plat of the territory proposed for annexation are accurate are questions of fact to be determined by the board of county commissioners.