In re Appeal in the Morrison Single County Ditch No. 1330

The question presented involves the constitutionality of a ditch assessment calculated by using the “Preble County” formula. Appellants contend that two factors in that formula, “degree of need” for improvement and “degree of problem correction,” violate the applicable statutory and constitutional requirements for ditch assessments.

This court stated in In re Appeal in the Joint Cty. Ditch No. 1 (1930), 122 Ohio St. 226, 236, that an assessment disproportionate to the benefit received was in effect an unconstitutional taking of private property. R.C. 6131.15 states, in pertinent part, that “*…