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Commissioners deny Madison Township request to vacate portion of Walker Street over stormwater, easement concerns

August 13, 2025 | Richland County, Ohio


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Commissioners deny Madison Township request to vacate portion of Walker Street over stormwater, easement concerns
The Richland County Board of Commissioners voted to deny a Madison Township request to vacate a portion of Walker Street after staff reported the right-of-way contains township stormwater infrastructure and the county lacks a clear legal mechanism to preserve maintenance rights if the road is vacated.

County engineer Kevin Payne told the board the dedicated right-of-way measures approximately 60 feet by 138 feet, lies between Lots 398 and 399 of a 1926 plat, and meets the definition of a road in the county code. Payne said the right-of-way "has never been improved for roadway purposes" but currently handles stormwater drainage for an adjacent improved segment of Walker Road and nearby streets. He also noted overhead utilities and an underground storm sewer in the parcel.

Payne flagged a legal question: although utilities typically retain easement rights after a vacation, the county could need a formal legal opinion on whether township stormwater sewer facilities would remain maintainable if the right-of-way were vacated and ownership transferred to adjoining property owners.

Property owners present described existing catch basins and tile installed about 15 years ago that convey runoff through the parcel; neighbors said the drainage serves surrounding streets. Commissioners and township trustees discussed potential encroachments shown on aerial photos and said a recorded survey would be necessary to establish exact property lines and any building or driveway encroachments.

After discussion, the board recessed the public hearing and then returned to vote. A motion to deny the vacation passed on a recorded roll call.

The board directed that any future petition include a legal opinion on maintenance rights for township stormwater infrastructure and, if necessary, a survey to identify encroachments. No timetable for re-submission was set at the meeting.

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