reglab/housing_qa huggingface dataset:
Ohio Rev Code § 5561.03 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.03 | Hearing by Director of Transportation.

Effective: September 28, 1973|Latest Legislation:  House Bill 200 - 110th General Assembly|As a condition precedent to the exercise of jurisdiction under sections 4957.06 and 5561.01 to 5561.15 of the Revised Code, by a board of county commissioners, such board shall transmit to the director of transportation a full written description of the grade crossing which it is proposed to abolish, showing its location, the reasons which tend to make necessary its elimination, the names of the railroads or interurban railways owning the tracks crossing such state or intercounty highway, and the manner in which the improvement proposed should be accomplished.On receipt of such description the director shall conduct a hearing as to the necessity and the expediency of the proposed improvement, after thirty days' notice in writing of the time and place of holding such hearing has been given to the board and to the railroad or interurban railway companies concerned in such proposed elimination. Notice shall be served by the sheriff upon the railroad or interurban railway companies, in the manner provided for the service of summons in civil actions. If after such hearing, the director is of the opinion that such improvement is reasonably necessary and expedient, he shall so certify in writing to the board, sending a copy of such certificate to all railroad or interurban railway companies involved. But if the director is not of such opinion he shall so state in his certificate, and thereupon no further proceedings shall be taken upon such application to the director.
Ohio Rev Code § 5561.05 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.05 | Hearing - Finding - Appeal.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Upon the filing the petition as provided by section 5561.04 of the Revised Code, accompanied by plans, the railroad company or county opposed to the prayer thereof, or directly interested therein, may, within sixty days file an answer to such petition and present other plans for the abolition of such crossing. After the expiration of such period the court of common pleas shall proceed to a hearing upon the petition and any answers that have been filed, which hearing must be advanced upon the docket upon motion of either party. After examination of all plans presented to it and after hearing the evidence, the court shall make a finding as to whether such plans or any of them are reasonable and practicable.If the court finds any of the plans presented are reasonable and practicable, it shall order the changes made in accordance with the most reasonable and practicable plan presented to the court, or as amended by its order entered by consent of the parties. The county shall make such changes in the roads or highways as may be necessary, and the railroad company shall make the changes necessary in the tracks and roadbed, in order to comply with the rulings of the court.If more than one company owns tracks on the crossing in question, the court shall apportion among them the fifteen per cent provided by section 5561.06 of the Revised Code to be paid by such companies, and when making such apportionment the courts shall take into consideration the difference in costs of construction and benefits derived by such companies. If the court finds that none of the plans are reasonable or practicable, the improvement shall not be made upon such plans.Either party may appeal or prosecute error as in other cases, the hearing of which shall be advanced upon the docket upon motion of either party.If the county or railroad company refuses or neglects to comply with the orders or findings made by the court under this section, the court may enforce its orders or findings by mandamus, mandatory injunction, or contempt of court, upon the application of either party to such proceedings.
Ohio Rev Code § 5561.06 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.06 | Apportionment of Cost Between County and Railroad - Right of Action.

Effective: September 28, 1973|Latest Legislation:  House Bill 200 - 110th General Assembly|The cost of constructing a grade crossing improvement, including the making of ways, crossings, or viaducts, above or below the railroad tracks, and the raising or lowering of the grades of the railroad tracks and sidetracks for such distance as required by the county and made necessary by such improvement, including the cost of moving or changing existing structures and other incidental expenses, together with the cost of land or property purchased or appropriated, and damages to owners of abutting or other property, shall be borne, unless otherwise agreed upon, eighty-five per cent by the county and fifteen per cent by such railroad company, including any interurban railroad company, the crossing of whose tracks with such highway is involved.The county shall have a right of action against such company for the recovery of the fifteen per cent of the costs payable by it, with interest from the time it becomes due such county and company may agree as to what part of the work is to be done by the company, and also fix the amount to be allowed or credited to the company for doing the work. Such company may deduct from its fifteen per cent of the cost of the improvement, the expense incurred by it in the change of its grade required by the county or made necessary by it under such specifications, but only in case the amount of the expense has been agreed upon in writing between the county and the company. If the amount of work done by the company, or made necessary by reason of such change of grade on lowering or raising its tracks, exceeds fifteen per cent of the cost of the improvement, then it may recover the amount with interest in excess of fifteen per cent of the expenses, in an action at law against the county.In connection with any such improvement, the board of county commissioners or the director of transportation, and the railroad company or any interurban railway company whose tracks are to be raised or lowered, or over or under whose tracks the proposed improvement is to pass, may agree as to the proportions of such construction, the cost of which is to be shared, and upon the percentages of the cost to be borne by the county or state, and by the railroad company or interurban railway company, but if no such agreement is made this section shall apply.
Ohio Rev Code § 5561.07 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.07 | Notice of Change of Grade to Abutting Owners.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Before any work is done which may be required in the making of a proposed grade crossing improvement, the board of county commissioners shall, by resolution, require notice of its intention to make such improvement, in accordance with the plans and specifications agreed upon or ordered, to be given to the owner of each piece of property abutting on any road, the grade of which will be changed by the proposed improvement.
Ohio Rev Code § 5561.08 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.08 | Service of Summons and Publication.

Effective: September 29, 2011|Latest Legislation:  House Bill 153 - 129th General Assembly|Notice of the passage of a resolution for a grade crossing improvement shall be served by the sheriff of the county, upon the owner of each piece of property which will be affected by any change of grade, in the manner provided for the service of summons in civil actions. If any of such owners are nonresidents of the county, or if it appears from the return that they cannot be found, the notice shall be published for at least two weeks in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code. Notice shall be completed at least twenty days before any work is done on such improvement, and the sheriff's return shall be prima-facie evidence of the facts recited therein. Section 727.18 of the Revised Code shall apply to the notice provided for in this section, and to all claims for damages by reason of such improvement. Such claims shall be filed with the county auditor within the time, and rights thereunder shall pass to vendees, as provided in such section. After the expiration of the time provided for the filing of claims, the board of county commissioners, when claims have been filed within the time limited, shall determine, by resolution, whether such claims are to be judicially inquired into before commencing or after the completion of the proposed improvement. Thereupon, the county prosecutor shall make application for a jury, to the court of common pleas, or probate court of the county, before commencing or after the completion of the improvement, as the board determines, and all proceedings upon such application shall be governed by the laws relating to similar applications provided for in cases of city improvements.
Ohio Rev Code § 5561.09 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.09 | Payment.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|The board of county commissioners may, by resolution, prescribe the manner and time of payment by a railroad company of the proportion of the cost of the proposed grade crossing improvement which such company shall pay.
Ohio Rev Code § 5561.10 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.10 | Height of Crossing Above Grade.

Effective: October 1, 1953|Latest Legislation:  Senate Bill 361 - 100th General Assembly|Any way, crossing, or viaduct constructed over the tracks of any railroad company under sections 5561.01 to 5561.09, inclusive, of the Revised Code, shall be of such height as not to be of less than twenty-one feet in the clear, from the top surface of the rails in the railroad track to the lowest point of projection of such overhead way, crossing, or viaduct, unless such company consents to, or the court orders a less height. In no event shall the court of common pleas order a less height than sixteen feet three inches.
Ohio Rev Code § 5561.11 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.11 | Appropriation of Property.

Effective: January 1, 1966|Latest Legislation:  Senate Bill 94 - 106th General Assembly|The land or property required to make alterations in the road or other way, or any right, title, or interest in a road or other way, required for the erection of piers or supports necessitated by a proposed grade crossing improvement, and the land or property required to make any alteration in the railroad, necessitated by the proposed improvements, shall be purchased or appropriated by the county or railroad company in the manner provided for in sections 163.01 to 163.22, inclusive, of the Revised Code. The county shall not appropriate land held or owned by a railroad company and necessary for the use of the company in maintaining and operating its road.
Ohio Rev Code § 5561.12 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.12 | Cost of Repairs.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|After the completion of construction work, grade crossings and approaches shall be kept in repair as follows:(A) When the public way crosses a railroad or interurban railway, by an overhead bridge, the cost of maintenance must be borne by the county or state, as may be provided by law.(B) When the public way passes under a railroad or interurban railway, the bridge and its abutments shall be kept and maintained by the railroad or interurban railway company in such proportions as are fixed by agreement between the parties, or, in the absence of such agreement, in such proportions as are fixed by the court of common pleas of the county in which the improvement is located, and the public way and its approaches shall be maintained and kept in repair by the county in which they are situated or by the state.
Ohio Rev Code § 5561.13 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.13 | Townships and Municipal Corporations - Bond Issues - Tax Levies.

Effective: May 13, 1981|Latest Legislation:  House Bill 95 - 114th General Assembly|The board of township trustees and the legislative authority of any municipal corporation in which a proposed grade crossing improvement is to be made may assume and agree to pay to the county, on behalf of the municipal corporation such portion of the costs of the improvement assumed by the county as the board of township trustees or legislative authority deem reasonable.For the purpose of raising the money to pay the proportion of the cost of such improvement payable by the county, township, or municipal corporation, the bonds of such county, township, or municipal corporation may be issued to the necessary amount. They shall be of such denomination and payable at such place and times as the board of county commissioners, board of township trustees, or legislative authority respectively determine, and shall bear interest not exceeding the rate provided in section 9.95 of the Revised Code, but shall not be sold for less than their par value.After completion of the improvement, a tax may be levied by the county to pay the costs of maintaining and keeping in repair that part of the work required to be maintained and kept in repair by the county.The bond issues and tax levies authorized by this section shall be subject to the limitation prescribed for bond issues and tax levies for the purpose of paying the county's, township's, and municipal corporation's share of the cost of a road improvement carried forward by the state.
Ohio Rev Code § 5561.14 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.14 | Grade Crossings of State and Intercounty Highways.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|In case the tracks of any street or interurban railway company cross, on a state or intercounty highway, the right of way of any railroad company at a point where, under the plans and specifications as provided for in section 5561.04 of the Revised Code, it has been determined to construct improvements, the board of county commissioners, by resolution, may require such street or interurban railway company to bear a reasonable portion of the cost assumed by the county in making the improvement, not exceeding twenty-five per cent of the portion payable by the county. The board shall have a right of action against such company for that part of the cost which the resolution requires it to bear. Such cost shall be a lien upon all the property, real and personal, of such company, situated in such county, from and after the date of the passage of the resolution.The board may, by resolution, provide the mode and time of payment for the proportion of the cost of such improvement to be borne by the company.Such company shall keep in repair, at its own expense, all its tracks affected by the improvement, and shall bear a reasonable proportion of the cost of maintaining, renewing, and repairing all construction work necessary to support the tracks.
Ohio Rev Code § 5561.15 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5561 | County Road Grade Crossings|Section 5561.15 | Appeal From Order of Director.

Effective: September 28, 1973|Latest Legislation:  House Bill 200 - 110th General Assembly|From the finding and order of the director of transportation that a grade crossing improvement is reasonably necessary and expedient, the board of county commissioners or any railroad or interurban railway company may, upon the question of such necessity and expediency, take an appeal to the public utilities commission. A party desiring to take such an appeal shall file with the director written notice of its intention within thirty days after service upon it of the finding and order. The director shall certify to such commission all original papers on file with him, together with a copy of all orders made by him in the proceeding. Such appeal shall be docketed by the commission, and after reasonable notice to all interested parties it shall hear the appeal upon the evidence adduced before it, and shall determine whether the making of such improvement is necessary and expedient. An appeal from the order of the director or the board, fixing the contribution of a company under section 5561.14 of the Revised Code to the commission, may be taken, and shall be heard and decided in the same manner. Any party to such proceedings on appeal, aggrieved by the decision of the commission, may prosecute error to the supreme court.
Ohio Rev Code § 5563.01 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5563 | Appeals in County Road Cases|Section 5563.01 | Execution of Order to Open Road.

Effective: September 24, 1963|Latest Legislation:  Senate Bill 91 - 105th General Assembly|No order of the board of county commissioners for locating, establishing, altering, straightening, widening, or changing the direction of a public road, shall be executed until ten days have elapsed after the board has made its final order in the matter of compensation and damages, on account of such improvement. If, at the end of ten days, any person, firm, or corporation interested, has effected an appeal, then the order shall not be executed until the matters appealed from have been disposed of in the probate court or the common pleas court.Any person, firm, or corporation desiring to appeal to the probate court or the common pleas court, when the improvement is located in two or more counties, may appeal to the probate or common pleas court of either county.
Ohio Rev Code § 5563.02 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5563 | Appeals in County Road Cases|Section 5563.02 | Appeal - Notice - Bond.

Effective: January 1, 1966|Latest Legislation:  Senate Bill 94 - 106th General Assembly|Any person, firm, or corporation interested therein, may appeal from the final order or judgment of the board of county commissioners, made in any road improvement proceeding and entered upon their journal, determining any of the following matters:(A) The order establishing the proposed improvement;(B) The order dismissing or refusing to grant the prayer of the petition for the proposed improvement.Any person, firm, or corporation desiring to appeal from the final order or judgment of the board upon any such questions, shall, at the final hearing upon matters of compensation or damages, give notice in writing of an intention to appeal, specifying therein the matters to be appealed from.In case the petition for an improvement is dismissed, or the prayer thereof is not granted, then a person, firm, or corporation desiring to appeal therefrom must give notice as provided by this section on the date when the order is made dismissing said petition, or refusing to grant the prayer thereof, and file the bond required within the time prescribed.The board shall fix the amount of the bond to be given by the appellant, which amount shall be reasonable, and cause an entry thereof to be made upon its journal. The appellant, within ten days thereafter, shall file with the county auditor a bond in the amount so fixed, with sureties to be approved by the county auditor. Such bond shall be conditioned to pay all costs made on the appeal, if the appellant fails to sustain such appeal or it is dismissed.Minors or other persons under disability, or their respective guardians, may appeal to the probate court or the common pleas court without giving bond for the payment of costs. The court shall cause an entry showing such disability to be made on the journal. The estates of such persons shall be liable for all costs adjudged against them or their legal representatives.
Ohio Rev Code § 5563.03 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5563 | Appeals in County Road Cases|Section 5563.03 | Board of County Commissioners Shall Transmit Papers to Court.

Effective: September 24, 1963|Latest Legislation:  Senate Bill 91 - 105th General Assembly|Within ten days after the filing of an appeal bond or the making of the journal entry as provided by section 5563.02 of the Revised Code, the board of county commissioners shall transmit to the probate court or to the common pleas court the original papers in the road improvement proceedings, and a certified transcript of the record of the board of all proceedings in connection therewith. Upon receipt thereof the court shall docket the cause, and the appellants shall be designated as plaintiffs and the board and other parties in interest as defendants.
Ohio Rev Code § 5563.04 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5563 | Appeals in County Road Cases|Section 5563.04 | Hearing of Preliminary Questions and Motions.

Effective: September 24, 1963|Latest Legislation:  Senate Bill 91 - 105th General Assembly|The probate judge or common pleas judge shall designate a day, not exceeding five days after the docketing of the cause as provided by section 5563.03 of the Revised Code for the hearing of all preliminary questions and motions on an appeal and the examination of the papers and proceedings. On the day fixed all preliminary motions and questions arising upon the appeal shall be heard and determined, and if the court finds that the proceedings are irregular, or that the appeal is not perfected according to law, the court shall dismiss such appeal, at the cost of the appellants, and certify the court's proceedings and the dismissal to the board. The court may waive technical defects, errors, or omissions in such proceedings.
Ohio Rev Code § 5563.05 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5563 | Appeals in County Road Cases|Section 5563.05 | Trial by Jury - Selection of Jurors.

Effective: May 22, 2012|Latest Legislation:  House Bill 268 - 129th General Assembly|If the probate judge or common pleas judge finds that an appeal in a road improvement case has been properly perfected, and that the proceedings are substantially regular, the judge shall fix a day, not more than twenty days after the finding, for the trial of the case by jury. The jury shall be selected from the jurors drawn as prescribed in Chapter 2313. of the Revised Code.
Ohio Rev Code § 5563.06 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5563 | Appeals in County Road Cases|Section 5563.06 | Consolidation of Cases.

Effective: September 24, 1963|Latest Legislation:  Senate Bill 91 - 105th General Assembly|If more than one party appeals, the probate court or common pleas court shall order the cases to be consolidated and tried together, but the rights of each person, firm, or corporation, as to compensation or damages, shall be separately determined by the jury in its verdict.
Ohio Rev Code § 5563.08 (2021)
2021 Ohio Revised Code|Title 55 | Roads-Highways-Bridges|Chapter 5563 | Appeals in County Road Cases|Section 5563.08 | Oath of Jurors.

Effective: September 24, 1963|Latest Legislation:  Senate Bill 91 - 105th General Assembly|The probate court or common pleas court shall administer to the jurors in road improvement cases an oath that they will faithfully, impartially, and to the best of their ability, determine the particular matters appealed from, and render a true verdict, according to the evidence, under the charge of the court.