The term paper township refers to a
civil township
A civil township is a widely used unit of local government in the United States that is subordinate to a county, most often in the northern and midwestern parts of the country. The term town is used in New England, New York, and Wisconsin to ref ...
under
Ohio law
The law of Ohio consists of several levels, including constitutional, statutory, and regulatory, local and common law. The ''Ohio Revised Code'' forms the general statutory law.
Sources
The Constitution of Ohio is the foremost source of state l ...
that nominally exists for certain purposes but does not act as a functioning unit of civil government. Such townships usually exist on paper as a
legal fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales.
Deve ...
due to
municipal annexation
Municipal annexation is the legal process by which a city or other municipality acquires land as its jurisdictional territory (as opposed to simply owning the land the way individuals do). In the United States and Canada, it refers to the incorpor ...
.
Formation
Almost all territory within Ohio is at least nominally part of a
township
A township is a kind of human settlement or administrative subdivision, with its meaning varying in different countries.
Although the term is occasionally associated with an urban area, that tends to be an exception to the rule. In Australia, Ca ...
. Whenever a township falls entirely within a single municipality, or is coextensive with a single municipality, the township government is automatically abolished and consolidated with the municipal government under . This condition can be met in multiple ways:
* A municipality may annex territory until it becomes coextensive with the township. For example, the City of
Cincinnati
Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...
was originally located in
Cincinnati Township in
Hamilton County; the city annexed the township's remaining unincorporated territory in 1834.
* A township may be incorporated wholesale as a municipality. For example, in 1955, the residents of
Van Buren Township in
Montgomery County voted to incorporate as the Village of
Kettering
Kettering is a market and industrial town in North Northamptonshire, England. It is located north of London and north-east of Northampton, west of the River Ise, a tributary of the River Nene. The name means "the place (or territory) of Ket ...
.
* A municipality may withdraw from its surrounding township, creating a township coextensive with the municipality that only exists on paper for the purpose of satisfying the requirement that the entire county lies within a township.
Under other provisions of state law, a township can exist nominally in rump form without a government if the remaining unincorporated portion of a township does not meet the requirements for incorporation or annexation.
In limited cases, territory may fall in no township when either:
* a township successfully petitions under to create a new township exclusive of that part included in municipalities; or
* a township merges into a municipality under through .
Withdrawal
In a legal procedure known as withdrawal, a municipality may request that the board of county commissioners modify the overlapping township's boundaries to exclude the municipality, and erect a new township coextensive with the municipality. The township effectively never exists because its government is immediately abolished.
This
legal fiction
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales.
Deve ...
is common among the state's largest cities and popular among cities and villages in southwestern Ohio, where township government is seen as redundant to municipal government and a cause of higher taxation.
A city or village that overlaps with multiple townships only needs to create a single paper township to withdraw from each township. Because Ohio law does not forbid townships from being located in multiple counties, a municipality in multiple counties may petition multiple county boards of commissioners to create a single paper township shared among all the counties, or petition to create separate paper townships in each county. For example, both
Butler
A butler is a person who works in a house serving and is a domestic worker in a large household. In great houses, the household is sometimes divided into departments with the butler in charge of the dining room, wine cellar, and pantry. Some a ...
and
Hamilton Hamilton may refer to:
People
* Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname
** The Duke of Hamilton, the premier peer of Scotland
** Lord Hamilt ...
counties share a nominal Heritage Township that corresponds with the City of
Fairfield; on the other hand,
Hamilton Hamilton may refer to:
People
* Hamilton (name), a common British surname and occasional given name, usually of Scottish origin, including a list of persons with the surname
** The Duke of Hamilton, the premier peer of Scotland
** Lord Hamilt ...
,
Clermont, and
Warren
A warren is a network of wild rodent or lagomorph, typically rabbit burrows. Domestic warrens are artificial, enclosed establishment of animal husbandry dedicated to the raising of rabbits for meat and fur. The term evolved from the medieval A ...
counties each have a separate, nominal Loveland Township that corresponds to part of the City of
Loveland. When the municipality annexes additional land, township boundaries must be explicitly adjusted to reflect the change; otherwise, the annexation remains in the original township as well as the municipality.
Under 1953 case law, a paper township may not be considered an adjoining township for the purpose of dissolving a township.
A paper township does not have to share the municipality's name. For example:
*
Louisville
Louisville ( , , ) is the largest city in the Commonwealth of Kentucky and the 28th most-populous city in the United States. Louisville is the historical seat and, since 2003, the nominal seat of Jefferson County, on the Indiana border.
...
's Constitution Township is named after the city's nickname.
*
Fairfield's Heritage Township was created by the county commissioners of Butler and Hamilton counties because Butler County already had a Fairfield Township – the one from which Fairfield withdrew.
*
Canal Fulton's Milan Township is named after one of two villages that Canal Fulton annexed in the 1850s.
Unpopulated townships
A township can consist of unincorporated territory but lack a government because it has no resident population. On January 23, 1981,
Wayne Township in Montgomery County was re-incorporated as the city of
Huber Heights. However, a small portion of Wayne Township east of the
Mad River was part of
Wright-Patterson Air Force Base
Wright-Patterson Air Force Base (WPAFB) is a United States Air Force base and census-designated place just east of Dayton, Ohio, in Greene County, Ohio, Greene and Montgomery County, Ohio, Montgomery counties. It includes both Wright and Patte ...
. Under , territory on
military installations
A military base is a facility directly owned and operated by or for the military or one of its branches that shelters military equipment and personnel, and facilitates training and operations. A military base always provides accommodations for ...
can not be incorporated without the approval of the
Secretary of Defense. Thus, that portion of Wayne Township still nominally exists, but has no local government. It is currently the only unpopulated township in Ohio.
Decades earlier in 1943,
Millcreek Township in
Hamilton County became defunct, leaving no local government, after annexations by Cincinnati and withdrawals by other villages reduced the township to only a cemetery without even a resident property owner eligible to vote for annexation.
Prevalence
As of the
2010 Census, 15 townships in Ohio had no government because a city or village had become coextensive with it, and one because it had no population. A total of 258 municipal corporations (179 cities and 79 villages) have fully or partially withdrawn from functioning townships to create paper townships. Of those partially withdrawn, 24 are cities and three are villages.
Economic implications
Municipalities can dramatically reduce a real township's territory and tax base by withdrawing from the township and subsequently annexing additional territory.
Columbia Township in Hamilton County and
Lemon Township in Butler County were once large and populous but gradually shrank to small, discontiguous neighborhoods as surrounding cities and villages withdrew and continued to annex township land. To remain viable, a township may merge with another township or municipality either through a
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
or with the consent of the relevant boards of trustees or councils.
Since 2002, a municipality must reimburse a township for lost tax revenue when land is transferred to a paper township after annexation. Previously, the reimbursement had to take place upon annexation, even if the land remained within the original township.
Political implications
Paper townships are a relatively obscure phenomenon that can create major surprises in election administration. In 1890, a defunct, largely forgotten
Storrs Township in Hamilton County upended the
Ohio Democratic Party
The Ohio Democratic Party (ODP) is the affiliate of the Democratic Party in the U.S. state of Ohio. Summit County Council President Elizabeth Walters has been the party's chairwoman since January 2021.
U.S. Senator Sherrod Brown is the top Oh ...
's
gerrymandering
In representative democracies, gerrymandering (, originally ) is the political manipulation of electoral district boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency. The m ...
scheme, potentially affecting the balance of power in the
United States House of Representatives
The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
, when a state redistricting act was inadvertently worded in a way that failed to place the township's residents in any congressional district. A joint congressional resolution was introduced to temporarily revert the districts to their former boundaries.
See also
*
Administrative divisions of Ohio
The administrative divisions of Ohio are List of counties in Ohio, counties, municipalities (List of cities in Ohio, cities and List of villages in Ohio, villages), List of townships in Ohio, townships, Special district (United States), special dis ...
*
Coterminous municipality
A coterminous municipality, sometimes also known as a coterminous city or a coterminous town-village, is a form of local government in some U.S. states in which a municipality and one or more civil townships are coterminous and have partial or com ...
*
Defunct townships of Cuyahoga County, Ohio
Cuyahoga County, Ohio, United States is divided into 21 townships.
When Cuyahoga County was founded, it was divided into civil townships for purposes of rural government, as were other Ohio counties. By 1990, this county was the most urbanized ...
*
Paper street
A paper street or paper road is a street or road that appears on maps but has not been built. Paper streets generally occur when city planners or subdivision developers lay out and dedicate streets that are never built. Commercial street map ...
*
Urban secession
References
Further reading
*
{{Terms for types of administrative territorial entities
Defunct townships in Ohio
Legal fictions
Local government in Ohio