Atley v. Commissioners

Citations

• 77 Ohio St. (N.S.) 285

Syllabus

<p>County ditches — Supervision of work and payment for construction— Commissioners to fix compensation for damages — Sections 4447 and 4461, Revised Statutes — Determination of necessity for ditch — Appeal from finding of commissioners premature, vahen— ' Ditch construction proceedings.</p> <p>1. In proceedings to establish a county ditch by virtue of Section 4447, Revised Statutes, and subsequent cognate sections, the-final order or judgment of the county commissioners contemplated by the last clause of Section 4461, from which an appeal may be taken by an aggrieved party, is the order or judgment finally determining that the proposed ditch is' necessary and will be conducive to the public health, convenience or welfare and that it is the best route, and also determining all claims for compensation and damages, if any are made.</p> <p>2. An appeal taken from the finding of the county commissioners that the ditch is necessary, in advance of the time set for the hearing of such claims for compensation and damages and before they are heard and determined, is premature and may be dismissed by the probate court for that reason.</p>