reglab/housing_qa huggingface dataset:
Ohio Rev Code § 4959.02 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4959 | Right of Way Drainage and Fences|Section 4959.02 | Fences.

Effective: March 9, 1999|Latest Legislation:  Senate Bill 197 - 122nd General Assembly|(A) A company or person having control or management of any railroad except a scenic railway shall construct and maintain in good repair, or otherwise provide for, on each side of the railroad, along the line of the lands of the company owning or operating it, a fence sufficient to turn stock. If, pursuant to section 4907.08 of the Revised Code, the public utilities commission determines that the company or person having control or management of the railroad is in violation of this section, the commission may order the company or person to do any of the following:(1) Construct, replace, or repair the fence;(2) Provide the landowner with the required materials to construct, replace, or repair the fence;(3) Pay the cost of the materials required to construct, replace, or repair the fence.When the commission directs the company or person having control or management of the railroad to provide the landowner with the required materials under division (A)(2) of this section or to pay the cost of the required materials under division (A)(3) of this section, the landowner is responsible for the labor necessary to construct, replace, or repair the fence. Any fence constructed, replaced, or repaired under this section shall be the same as or comparable to existing fence on the property.(B) In determining what remedy to order under division (A) of this section, the commission shall consider all of the following:(1) The volume of train traffic;(2) Train types and speed;(3) The cost of fence repair or replacement;(4) The accessibility to the railroad right-of-way through the property;(5) Any other relevant factors.(C) The commission may order an action or remedy under division (A) of this section only if comparable fencing exists along or within the abutting landowner's property boundaries perpendicular or parallel to the railroad's property line.(D) If an owner of land abutting a scenic railway requests the company or person having control or management of the railway to construct and maintain in good repair such a fence along the abutting line of land of the railway, the company or person having control or management of the railway shall do so, and the cost of constructing and maintaining the fence shall be equally shared between the railway and owner of land.(E) As used in this section, "scenic railway" means a railroad operated not for profit and exclusively as a tourist or historical attraction.
Ohio Rev Code § 4959.03 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4959 | Right of Way Drainage and Fences|Section 4959.03 | Cattle Guards and Crossings.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Before operating a railroad, the company or person having control or management of such railroad shall maintain at every point where a public road, street, lane, or highway used by the public crosses such railroad, safe and sufficient crossings, and on each side of such crossings cattle guards sufficient to prevent domestic animals from going upon such railroad. Such company or person shall be liable for all damages sustained in person or property by reason of the want or insufficiency of such fence, crossing, or cattle guard, or neglect or carelessness in the construction or keeping in repair of such fence, crossing, or cattle guard.
Ohio Rev Code § 4959.04 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4959 | Right of Way Drainage and Fences|Section 4959.04 | Temporary Crossings.

Effective: March 9, 1999|Latest Legislation:  Senate Bill 197 - 122nd General Assembly|In the case of a railroad in process of construction or a proposed railroad which passes through enclosed land, the company or person having control of the railroad during its construction shall provide suitable crossings for the owner or occupant of each farm, make and keep in repair fences along the line of the railroad through the enclosed fields, and protect crops growing thereon. When the company or person agrees with the owner of the lands through which a railroad passes that the owner is to build and keep in repair any portion of the fencing, and if such fencing is destroyed or damaged by fire from passing trains or by the elements, the company or person owning or operating the railroad shall rebuild or repair such fence if the property holder demands it. If the company fails to construct a fence after having received written notice to do so from the owner or occupant of lands through which the railroad passes, after thirty days from the time of serving the notice upon the agent of such company nearest such lands, the owner or occupant may proceed to construct it, and the company shall be liable to the person for the cost thereof.
Ohio Rev Code § 4959.07 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4959 | Right of Way Drainage and Fences|Section 4959.07 | Exception.

Effective: March 9, 1999|Latest Legislation:  Senate Bill 197 - 122nd General Assembly|Sections 4959.02 to 4959.04 of the Revised Code, relating to fences, do not apply to any case in which compensation for building a fence has been or may be taken into consideration and estimated as a part of the consideration to be paid for the right-of-way, so far as the fence has been or may be settled or paid for. Those sections do not affect, in any manner, any contract or agreement between a railroad company, or person having the control and management of a railroad, and the proprietors or occupants of lands adjoining for the construction or maintenance of fences and cattle guards.
Ohio Rev Code § 4959.08 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4959 | Right of Way Drainage and Fences|Section 4959.08 | Company May Build Fence at Landowner's Expense.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|If an owner of lands abutting on the line of lands of a company, who is legally bound to build or repair the fence dividing his lands from the lands of the company, fails to build or repair such fence within the time in which he is bound to build or repair it, the company may build or repair such fence and present an itemized account of the cost of labor and materials so expended to such owner for payment. If it is not settled or paid within thirty days, the company may recover from such person the reasonable cost of such labor and materials.
Ohio Rev Code § 4959.09 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4959 | Right of Way Drainage and Fences|Section 4959.09 | Right to Use Culvert for Cattle Way.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|An owner of land through which a railroad is constructed, and upon which there is a culvert, waterway, or opening through the embankment of the railroad of sufficient height for such purpose, may use such culvert, waterway, or opening, as a stock or cattle way under the track of the railroad so as to permit stock to pass and repass. The landowner shall build and maintain all necessary fences on both sides of the opening, and shall not, by use or otherwise, permit the foundations of structures about such opening to be injured or interfered with.
Ohio Rev Code § 4959.10 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4959 | Right of Way Drainage and Fences|Section 4959.10 | Forfeitures for Not Constructing and Repairing Fences.

Effective: March 9, 1999|Latest Legislation:  Senate Bill 197 - 122nd General Assembly|A company or person having the control and management of a railroad, who fails to comply with any provision of this chapter, shall forfeit and pay, for each day the company or person so fails, a sum not exceeding fifty dollars per day, to be recovered in a civil action in the name of the state for the use of the county in which suit is brought.
Ohio Rev Code § 4959.11 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4959 | Right of Way Drainage and Fences|Section 4959.11 | Destruction of Noxious Weeds.

Effective: January 9, 1961|Latest Legislation:  House Bill 1 - 104th General Assembly|The superintendent or manager of a toll road, railroad, or electric railway shall destroy all brush, briers, burrs, vines, Russian thistle, Canadian thistle, common thistle, wild lettuce, wild mustard, wild parsnip, ragweed, milkweed, ironweed, and all other noxious weeds growing or being cut within the limits of such toll road, railroad, or railway, or within the limits of any right of way belonging to the company owning such toll road, railroad, or railway, whether or not it is in actual operation on such right of way, between such days as are specified in section 5579.04 of the Revised Code.In default of such destruction, and for five days thereafter, the board of township trustees of a township through which such toll road, railroad, or railway passes, shall cause it to be done, and shall have a right of action against such company for the amount of such work, with one hundred per cent penalty and costs of action, to be recovered before any judge or a county court or judge of a municipal court having jurisdiction in the area in which the work was done.
Ohio Rev Code § 4961.01 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.01 | Tracks Maintained and Operated by Railroads.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Any railroad company may maintain and operate, or construct, maintain, and operate, a railroad, with such main tracks, sidetracks, turnouts, offices, depots, roundhouses, machine shops, water tanks, telegraph lines, and other necessary appliances, as it deems necessary, between the points named in its articles of incorporation, commencing at or within, and extending to or into any municipal corporation or place named as a terminus of its railroad.
Ohio Rev Code § 4961.02 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.02 | Electricity as Motive Power.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Upon any railroad in this state, electricity may be used as a motive power in the propulsion of cars. Before a line of poles and wires may be constructed through or along the streets, alleys, or public grounds of a municipal corporation, plans of the construction must be submitted to and approved by its legislative authority.
Ohio Rev Code § 4961.03 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.03 | Highway and Aerial Transportation Authorized.

Effective: June 11, 2012|Latest Legislation:  House Bill 487 - 129th General Assembly|Any railroad company owning or operating a railroad in this state may own, control, operate, or manage motor vehicles for the purpose of transporting persons or property, or both, upon the public highways for hire, subject to Chapters 4921. and 4923. of the Revised Code. Any railroad company may also own and operate equipment for and engage in the business of aerial transportation. Any railroad company may acquire, own, and hold capital stock and securities of corporations organized for or engaged in the businesses authorized in this section and may operate the properties, or any part thereof, of such corporations, and may enter into working arrangements and agreements with such corporations.
Ohio Rev Code § 4961.04 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.04 | Terminus on State Line.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|When a terminus named in the articles of incorporation of a railroad company is a county upon the line or boundary of the state, the president and board of directors of the company, upon the location of the railroad in that county, shall make and acknowledge a certificate definitely fixing the location in such county and file it with the secretary of state.
Ohio Rev Code § 4961.05 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.05 | Changes of Line or Termini.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|By a resolution adopted by a majority of its board of directors, at a meeting duly called for the purpose, with the written consent of three fourths in interest of its stockholders, a railroad company may change the line of railroad, or any part thereof, and either of the proposed termini, of its railroad. No change shall be made which will involve the abandonment of any part of the railroad, either partly or completely constructed. Any subscription of stock made upon the faith of the location of the railroad, or a part thereof, upon a line of railroad abandoned by the change, shall be canceled at the written request of a subscriber who has not consented to such change, filed with the secretary or other chief officer of the company, within six months after such change.When such change is made, it shall be described in such resolution, an authenticated copy of which, under the seal of the company, shall be filed with the secretary of state and by him recorded, with proper reference, on the record of the articles of incorporation of the company. When so filed, such change shall be considered as made, and is as valid and binding as if the changed line had been the line originally described in the articles.
Ohio Rev Code § 4961.06 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.06 | Mortgage on Changed Line of Railroad.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|When the company referred to in section 4961.05 of the Revised Code has issued its mortgage bonds for the construction of its railroad, the record of the mortgage securing them, in each county through or into which the changed line of the railroad passes, is as effectual to create a lien upon the changed line of railroad and upon the property of the company as if the mortgage contained a complete description of the changed line and of such property.
Ohio Rev Code § 4961.07 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.07 | Route May Be Changed.

Effective: October 11, 1955|Latest Legislation:  House Bill 70 - 101st General Assembly|When a railroad company, the line of whose railroad has not been finally located in whole or in part, finds it necessary, in order to avoid dangerous or difficult curves, grades, or dangerous or unsubstantial grounds or foundations, or for other reasonable cause, to pass through a county not named in the articles of incorporation, or to avoid passing into or through a county named in them, other than a county in which a terminus of the railroad has been fixed by its articles of incorporation, or in which is located a municipal corporation or place by or through which the line of such railroad is to pass, its president and board of directors, or a majority of such board, under their hands and seals, may make a certificate declaring such necessity and the cause thereof, and name in it the counties through which it is necessary to pass or to avoid, which certificate shall be signed and filed as provided in section 1701.73 of the Revised Code. A copy of the certificate, certified by the secretary of state is evidence of the facts stated in such certificate. This section does not authorize the abandonment of any part of the company's line of railroad which is finally located, or a change of the general route of the line of such railroad or the terminal points named in the articles of incorporation.
Ohio Rev Code § 4961.08 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.08 | Damages for Diversion.

Effective: October 7, 1977|Latest Legislation:  House Bill 42 - 112th General Assembly|When, under section 4961.07 of the Revised Code, a railroad company's line of railroad is diverted from a county named in the articles of incorporation, such company is liable to any person owning land in the county for damages caused by the change or diversion. All subscribers to the capital stock of the company on the line of that part of its railroad so changed shall be released from all obligation to pay their subscriptions.Saving the rights of infants, lunatics, and persons imprisoned, for six months after their disability is removed, no action shall be brought for damages caused by such change or diversion, unless it is begun within six months from the filing of the certificate for the change with the secretary of state, and the publication of notice thereof by the company for four consecutive weeks in a newspaper published in such county.
Ohio Rev Code § 4961.09 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.09 | Change of Location or Grade.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|For the purpose of avoiding annoyance to public travel, dangerous or difficult curves or grades, or unsafe or unsubstantial grounds or foundations, or when the roadbed has been injured or destroyed by the current of a river, watercourse, or other unavoidable or reasonable cause, a railroad company may change the location or grade of any portion of its railroad, but shall not depart from the general route prescribed in the articles of incorporation.
Ohio Rev Code § 4961.10 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.10 | Appropriation of Land to Make Change.

Effective: January 1, 1966|Latest Legislation:  Senate Bill 94 - 106th General Assembly|For the purpose of making any change provided by section 4961.09 of the Revised Code, the railroad company shall have all rights, powers, and privileges to enter upon and appropriate lands in the manner provided for in sections 163.01 to 163.22, inclusive, of the Revised Code.
Ohio Rev Code § 4961.11 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.11 | Damages by Change After Completion.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|When the location is changed, as provided by section 4961.09 of the Revised Code, after the railroad has been used for transportation of persons and property, the railroad company is liable for all damages occasioned by the change to the owner of the land upon which the railroad was first constructed.
Ohio Rev Code § 4961.12 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.12 | Construction of Branch Road.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|A railroad company may construct branches from the main line of railroad to municipal corporations or places within the limits of a county through or into which its railroad passes or to a connection with any railroad within this state, or to any coal or other mine, stone-quarry, plastic-clay, pottery-clay, and fire clay pits or banks, marl beds, sand or gravel pits or banks, asphalt deposits, slag banks, or ore or shale banks, if, at a meeting of the stockholders called for that purpose, the holders of a majority of the capital stock of the company, by a vote in person or by proxy, so determine. Upon such determination, the president and board of directors shall make and acknowledge a certificate setting forth the facts and file it with the secretary of state.
Ohio Rev Code § 4961.13 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.13 | Right of Entry.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|A railroad company, domestic or foreign, or municipal corporation which owns or operates a railroad may enter upon any land for the purpose of examining and surveying its railroad line, and may appropriate so much of such land as is necessary for its railroad including necessary sidetracks, depots, workshops, roundhouses, and water-stations, material for construction, except timber, a right of way over adjacent lands sufficient to enable it to construct and repair its road, and the right to conduct water by aqueducts and to make proper drains.
Ohio Rev Code § 4961.15 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.15 | Company May Acquire Lands.

Effective: October 2, 1953|Latest Legislation:  House Bill 464 - 100th General Assembly|A railroad company may acquire by purchase or gift lands in the vicinity of the line of its railroad, or through which it passes, so far as is deemed convenient or necessary by the company to secure a right of way, and such as are granted to aid in the construction of its railroad, and hold or convey them, as the board of directors prescribes. Conveyances made by such railroad company may be signed by the president or a vice-president, or any officer authorized by the board of directors.Conveyances to such companies, acquired by gift, shall be void unless the company to which they are made completes its railroad on the right of way so conveyed within five years from the time of a conveyance for that purpose.
Ohio Rev Code § 4961.151 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.151 | Validity of Deeds.

Effective: January 9, 1961|Latest Legislation:  House Bill 1 - 104th General Assembly|When any deed executed prior to October 2, 1953 or recorded after such date purporting to transfer title to real estate has been executed by an officer or officers other than the president of such railroad company, as provided by section 4961.15 of the Revised Code, such deed and the recordation thereof shall be deemed to have been properly executed as of October 2, 1953 and shall be valid in all respects. Any person claiming title adverse thereto, has the right within two years after October 2, 1953, or in the case of deeds recorded for more than twenty years prior to October 2, 1953, then within one year after such date, to institute proceedings to contest the validity of such deeds. Nothing contained in this section shall affect any suit or action pending on October 2, 1953 or which may have been adjudicated prior to such date in any court of this state, in which the validity of the making, execution, or acknowledgement of any such deed has been or may be challenged.
Ohio Rev Code § 4961.16 (2021)
2021 Ohio Revised Code|Title 49 | Public Utilities|Chapter 4961 | Special Powers of Railroads|Section 4961.16 | Appropriation of Easement.

Effective: January 1, 1966|Latest Legislation:  Senate Bill 94 - 106th General Assembly|If, in the judgment of the board of directors of any domestic or foreign corporation owning or operating a railroad wholly or partly within this state, it is necessary to use and occupy for an elevated track any portion of any public ground lying within the limits of a municipal corporation and dedicated to the public for use as a public ground, common, landing, or wharf, or for any other public purpose, except all streets, avenues, alleys, or public roads, such company may appropriate an easement over so much of such ground as is necessary for such purpose, including the right to maintain the necessary piers and supports for the elevated track. Such appropriation shall be limited to such an easement as is necessary for the construction, maintenance, and uses of such elevated track, in accordance with the plan provided for in section 4961.17 of the Revised Code. Proceedings for appropriation shall be conducted in the manner and upon the terms provided for in sections 163.01 to 163.22, inclusive, of the Revised Code.