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2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.24 | Construction and Maintenance of Bridge - Forfeiture.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person or company owning or operating a railroad that fails to comply with the requirements of or violates section 4955.23 of the Revised Code, for each day during the continuance of such failure or violation, shall forfeit to such city one hundred dollars, to be recovered in a civil action in the city's name against the owner or operator of such railroad, or both, as the city elects. Like recovery may be had for subsequent failures and violations.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.25 | Legislative Authority May Regulate Use of Bridge.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a city may prohibit the switching of freight engines, trains, or cars, over or on a crossing or bridge referred to by section 4955.23 of the Revised Code, the sounding of locomotive steam whistles on or near such bridge, and the standing or stopping of a railroad engine over or on such crossing or bridge, and by ordinance, may constitute a violation of such prohibition an offense and provide for the punishment of any person guilty of such violation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.26 | Crossing of Highway to Cemetery.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All railroads constructed across an avenue or public highway leading from a city to a public cemetery of such city located within or without the limits of the city, shall be constructed so as to pass under or over such avenue or highway at an elevation or depression that will allow the unobstructed passage of all vehicles necessary for any person to use on such avenue or highway.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.27 | Private Crossing.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a person owns fifteen or more acres of land in one body through which a railroad passes, which land is so situated that he cannot use a crossing in a public street, lane, road, or other highway in going from his land on one side of the railroad to that on the other side without great inconvenience, at his request the company or person operating such railroad, at the expense of such company or person shall, within four months after such request, construct a good and sufficient private crossing across such railroad and the lands occupied by the company, between the two pieces of land to enable such landowner to pass with a loaded team and over which he may go at all times when such railroad is not being used at the crossing, or so near to it as to render passing thereat dangerous.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.28 | Expense of Private Crossing - Right of Entry.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, for four months after the request by a landowner for that purpose, the company or person neglects to construct a good and sufficient private crossing as provided in section 4955.27 of the Revised Code, after reasonable notice to the agent of the company for receiving and shipping freight at the station on the railroad nearest to the land where it is proposed to construct such crossing by the landowner of the time when he will proceed to construct it, such landowner may enter upon the lands of the company at any point he wishes between the two pieces of his land and construct such crossing. Such company or person is liable to such landowner for all the reasonable expense of such construction, not exceeding fifty dollars, which he may recover in an action against such company or person.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.29 | Exception.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 4955.27 and 4955.28 of the Revised Code do not apply to any case in which compensation for building a private crossing is considered and estimated as part of the consideration to be paid for the right of way, so far as the right to private crossing has been or may be settled or paid for. Such sections do not affect, in any manner, any contract or agreement between any railroad company or person having control or management of a railroad and the proprietor or occupants of lands adjoining, for the construction or maintenance of railroad crossings.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.30 | Freightways May Be Constructed.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A person owning or operating a coal or iron-ore mine, stone quarry, rolling mill, or machine shop, who, as a means of removing the product thereof, uses or desires to use a railway, may construct one and run cars on it, over or under any railroad or public highway, the consent of the owner of the fee in the land at such crossing first being obtained. Such railway shall be so constructed that it will not impede or interfere with the running of cars or the travel upon such railroad or highway, or in any manner injure or impair either, or any switch, building, or appurtenance connected with or belonging to any railroad or highway. When such freightway is constructed over a railroad, it shall be at the height of at least eighteen and one-half feet in the clear above the rails of the railroad.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.31 | Plan Must Be Approved.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before a person constructs a railway across a railroad as provided in section 4955.30 of the Revised Code, he shall submit the plan of construction to the public utilities commission for its approval, which at the cost of such person for traveling expenses or otherwise, must see that the structure in all respects conforms to the requirements of such section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.32 | Use of Horn or Alternative Audible Warning at Highway or Crossing.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) As used in this section, "lite locomotive consist" means a consist of locomotives not attached to any piece of equipment or attached only to a caboose.
(B) When the locomotive in the lead of a train, when a lite locomotive consist, or when an individual locomotive is approaching a public highway or a grade crossing, either of the following shall occur:
(1) The engineer or person in charge of the locomotive shall sound the locomotive horn in accordance with 49 C.F.R. part 222;
(2) An alternative audible warning system approved by the public utilities commission under section 4955.321 of the Revised Code shall be activated in accordance with guidelines established by the commission.
(C) The establishment of an alternative audible warning system does not preclude the sounding of a locomotive horn by an engineer or other person in charge of a locomotive in an emergency situation, as determined by the sole judgment of the engineer or other person.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.321 | Alternative Audible Warning System.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The public utilities commission may evaluate alternative systems for providing an audible warning of an approaching locomotive. The commission may approve the use of an audible warning system as an alternative to the horn sounding required under division (B)(1) of section 4955.32 of the Revised Code only if it determines that the alternative audible warning system complies with applicable federal requirements for an audible warning of an approaching train and only if train-activated warning devices also are present at any public highway or grade crossing at which the alternative audible warning system is installed. The commission shall establish guidelines for the use and operation of any alternative audible warning system it approves.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.322 | Immunity From Liability at Private Crossings.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The sounding of a locomotive horn at a private crossing or the failure to sound a locomotive horn at a private crossing is not a basis for a civil action against the railroad company that operated the locomotive, a board of county commissioners, or any local authority, or against the employees or agents of the company, board, or authority.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.33 | Crossbuck Signs.

Effective:
April 20, 2012
Latest Legislation:
House Bill 349 - 129th General Assembly
At all points where its railroad crosses a public road at a common grade, each company shall erect crossbuck signing at positions at each such crossing that are in accordance with the department of transportation manual for uniform traffic control devices, adopted under section 4511.09 of the Revised Code, to give notice of the proximity of the railroad and warn persons to be on the lookout for the locomotive. Any such signing that has been or is erected in accordance with this section may lawfully be continued in use until it is replaced. A company that neglects or refuses to comply with this section is liable in damages for all injuries that occur to persons or property from such neglect or refusal.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.34 | Failure to Erect Warning Signs.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Every engineer or person in charge of a locomotive who fails to comply with section 4955.32 of the Revised Code is personally liable to a penalty of not less than fifty nor more than one hundred dollars, to be recovered by civil action at the suit of the state in the court of common pleas of a county in which the public highway or grade crossing is located.
The company in whose employ such engineer or person in charge of a locomotive is, as well as the engineer or person in charge, is liable in damages to a person or company injured in person or property by such neglect or act of such engineer or person in charge.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.35 | Blocking of Frogs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every railroad company operating a railroad or part of a railroad within this state shall adjust, fill, or block all angles in frogs, switches, and crossings on its railroads and in its yards, divisional stations, and terminal stations where trains are made up, with sheet steel, wrought or malleable iron, or other metallic appliances, which shall be so placed and be of such design as will prevent the wedging of the feet of employees and other persons in such angles. All such appliances or devices shall be approved by the public utilities commission before installation.
Whoever, owning, operating, or controlling a railroad fails to comply with this section shall forfeit twenty-five dollars for each day of such failure, to be recovered in a civil action in the name of the state and paid into the state treasury.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.36 | Removal of Obstructive Vegetation at Crossings.

Effective:
November 24, 1967
Latest Legislation:
House Bill 533 - 107th General Assembly
Every railroad company shall destroy or remove plants, trees, brush, or other obstructive vegetation upon its right-of-way at each intersection with a public road or highway, for a distance of six hundred feet or a reasonably safe distance from the roadway of such public road or highway as shall be determined by the public utilities commission.
When any railroad company fails to destroy or remove such vegetation after ten-day written notice served on its local agent, the commission, board of county commissioners, board of township trustees, or legislative authority of a municipal corporation, in which the intersection is located, having the care of such road or highway, shall remove such plants, trees, brush, or other obstructive vegetation and shall recover the cost of removal from the responsible railroad company. If the company fails to pay the amount demanded within thirty days, after such company has been notified by certified mail at the address to which tax bills are sent, the commission, board of county commissioners, board of township trustees, or legislative authority of a municipal corporation shall certify the amount demanded to the county auditor of the county in which the work was performed to be collected as other taxes and assessments and upon collection shall be credited to the general fund of the public body causing said work to be performed.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.41 | Railroad Quiet Zones - Definitions.

Effective:
November 18, 2004
Latest Legislation:
House Bill 247 - 125th General Assembly
As used in sections 4955.41 to 4955.47 of the Revised Code:
(A) "Railroad quiet zone" means a designated area including and adjacent to one or more consecutive public grade crossings that are equipped with automatic gates and lights that conform to the manual on uniform traffic control devices and for which one or more supplemental safety measures are implemented and used pursuant to sections 4955.41 to 4955.47 of the Revised Code.
(B) "Supplemental safety measure" means a supplementary safety measure, and the guidelines for the use and operation of that measure, that are prescribed in 49 C.F.R. 222.41(a) and (e) and Appendix (A), as set forth in 65 F.R. 2230 to 2270.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.43 | Railroad Quiet Zones - Notice to Railroads - Order Regarding Audible Warning Signals.

Effective:
November 18, 2004
Latest Legislation:
House Bill 247 - 125th General Assembly
(A) At least ninety days prior to the date of first operation of a railroad quiet zone established pursuant to section 4955.42 of the Revised Code, the municipal corporation or township shall provide detailed, written notice of the established zone by certified mail, return receipt requested, to each railroad operating over a public grade crossing included in the zone, the highway or traffic control authority or law enforcement authority having responsibility for control of vehicular traffic at the crossings, the public utilities commission, the director of public safety, and the associate administrator for safety for the federal railroad administration.
(B) For each railroad quiet zone established pursuant to section 4955.42 of the Revised Code, the commission shall issue an order expressly prohibiting any engineer or other person in charge of a locomotive from sounding any locomotive whistle, horn, bell, or other audible warning device within the distance of each public crossing in the zone, as that distance is designated in the order of the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.44 | Railroad Quiet Zones - Other Laws Preempted - Emergency Exception - Suspension of Status.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) On and after the date of first operation of a railroad quiet zone established pursuant to section 4955.42 of the Revised Code, divisions (B)(1) and (2) of section 4955.32 of the Revised Code do not apply with respect to the zone.
(B) The establishment of a railroad quiet zone pursuant to sections 4955.41 to 4955.47 of the Revised Code does not preclude the sounding of a locomotive whistle, horn, bell, or other audible device by an engineer or other person in charge of the locomotive to address a perceived potential for injury, death, or loss to person or property, as determined by the sole judgment of the engineer or other person.
(C) The commission may suspend summarily the operation of a quiet zone established pursuant to section 4955.42 of the Revised Code if the commission, through any source, obtains sufficient, credible evidence showing that a condition at a public grade crossing located within a quiet zone has changed to such an extent that, even with the continuing existence of the supplemental safety measures at the crossing, the quiet zone no longer qualifies as such under federal law or the commission determines that public safety is otherwise compromised at the crossing. Within fifteen days following the quiet zone suspension date described in this division, the commission shall hold a hearing in the general vicinity of the quiet zone in question to determine whether the quiet zone suspension should be lifted or continued, or whether commission approval of the quiet zone should be rescinded and the quiet zone eliminated.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.45 | Railroad Quiet Zones - Report to Commission - Crossing Inspections - Additional Safety Measures.

Effective:
November 18, 2004
Latest Legislation:
House Bill 247 - 125th General Assembly
(A) Each municipal corporation or township that has established a railroad quiet zone pursuant to sections 4955.41 to 4955.47 of the Revised Code shall submit a report to the commission every three years after the date of first operation of the zone. The report shall be in such form and contain such information as the commission shall prescribe by rule, including, but not limited to, information on the number of traffic citations issued at the crossing, roadway traffic counts at the crossing, and changes to the crossing and roadway due to construction or improvements.
(B) Once every three years after the date of first operation of a railroad quiet zone established pursuant to section 4955.42 of the Revised Code, the public utilities commission shall inspect each public grade crossing in the zone and issue a report documenting the compliance of the zone with the commission order issued under that section. The commission also may inspect such a crossing at any other time.
(C) The commission at any time and by order, after notice and opportunity for the filing of comments, may require at a public grade crossing in a railroad quiet zone established pursuant to section 4955.42 of the Revised Code the implementation and use of such safety measures as it considers necessary and appropriate to ensure that safety measures are appropriate and adequate for the crossing or to ensure compliance with an order issued under division (C) of that section or with the guidelines for the use and operation of those measures as set forth in Appendix (A) of 65 F.R. 2230 to 2270, including to the extent such guidelines are applicable upon any adoption of regulations pursuant to the "Swift Rail Development Act," Pub. L. No. 103-440, 108 Stat. 4615, 49 U.S.C. 20153.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.47 | Railroad Quiet Zones - Railroads and Employees Not Liable for Acts in Compliance.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
No railroad company and no employee or agent of the company shall be charged, or is liable in damages to person or property, for any failure to sound an audible warning by whistle, horn, bell, or other audible warning device at a railroad grade crossing to which any of the following apply:
(A) The crossing is equipped in accordance with division (B)(2) of section 4955.32 of the Revised Code.
(B) The crossing is located in a railroad quiet zone established pursuant to section 4955.42 of the Revised Code.
(C) The crossing is located in a jurisdiction in which such sounding is restricted or prohibited by law.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4955 | Tracks; Crossings › Section 4955.51 | Wayside Detector System Installation and Operation.

Effective:
June 30, 2023
Latest Legislation:
House Bill 23 - 135th General Assembly
(A)(1) Except as otherwise provided in division (A)(2) of this section, any person responsible for the installation of wayside detector systems alongside or on a railroad shall ensure that each system location is not more than ten miles from the adjacent system location.
(2) If the natural terrain does not allow for the placement of the next adjacent system location within ten miles from the prior system location, the next adjacent system location shall be installed not more than fifteen miles from the prior system location.
(B) When a wayside detector system detects a defect in a passing train, rolling stock, on-track equipment, or its component equipment and parts, if the message regarding the defect is not immediately sent to the operator of that train, rolling stock, or on-track equipment, the person that receives the message shall immediately notify the operator of the defect.
(C) The department of transportation and the public utilities commission, as part of their work with each railroad company under division (B) of section 4955.50 of the Revised Code, shall ensure both of the following:
(1) The manner in which wayside detector systems are installed and placed complies with division (A) of this section;
(2) The manner in which wayside detector system messages are sent and received complies with division (B) of this section.
Last updated May 3, 2023 at 12:47 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.01 | Alteration or Elimination of Grade or Other Crossings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the legislative authority of a municipal corporation in which a railroad and a street or other public highway cross each other at a grade or otherwise, or the board of county commissioners of a county in which a railroad and a public road or highway cross each other at grade, and the board of directors of the railroad company are of the opinion that the security and convenience of the public require alterations in such crossing, the approaches to such crossing, the location of the railroad or public way, or the grades thereof, so as to avoid a crossing at grade, or that such crossing should be discontinued with or without building a new way in substitution for it, and if they agree as to the alterations they may be made as provided in sections 4957.02 to 4957.09, inclusive, of the Revised Code. The board of county commissioners of a county has the same powers with respect to that part of a state, county, or township road which lies within the limits of a municipal corporation as are conferred upon municipal corporations to alter, or require to be altered, any railroad crossings, or to require any improvement in connection with them to be made, and to apportion the cost thereof between the county and such railroad as is provided in sections 4957.10 to 4957.26, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.02 | Resolution to Alter or Abolish.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When it is deemed necessary by a municipal corporation or a county to join with any railroad company in the alteration or abolition of a grade or other crossing, the legislative authority of the municipal corporation, by a two-thirds vote of all the members elected to it, or the board of county commissioners of the county, by a unanimous vote, by resolution, shall declare such necessity and intent, and state in it the manner in which the alterations in the crossing are to be made, giving the method of constructing the new crossing with the grades for the railroad and public way, what land or other property it is necessary to appropriate and how the cost is to be apportioned between the municipal corporation or county and the railroad company, and by whom the work of construction is to be done and how its cost is to be apportioned between the municipal corporation or county and the railroad company.
Such resolution shall be published and notice of its passage given to owners of property abutting on the proposed improvement, in the manner provided as to resolutions of a city legislative authority declaring the necessity of a contemplated public improvement. Claims for damages caused must be filed in the manner and within the time prescribed in such cases.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.03 | Ordinance or Resolution to Proceed With Improvement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In not less than thirty nor more than ninety days after the passage of the resolution referred to in section 4957.02 of the Revised Code, the legislative authority of a municipal corporation or the board of county commissioners shall determine whether it will proceed with the proposed improvement. If it is decided to proceed with the improvement, an ordinance by the legislative authority or resolution by the board shall be passed, which ordinance or resolution must contain, in addition to the conditions stated in such resolution, the plans and specifications of the proposed alteration and improvement, a statement of the damages claimed or likely to accrue by reason of it, how the payment of such damages is to be apportioned between the municipal corporation or county and the railroad company, and who shall supervise the work of construction. Upon the acceptance of this resolution or ordinance by resolution by the company through its board of directors, it shall constitute an agreement, valid and binding on the municipal corporation or county and the company respectively. Such agreement shall be filed in the court of common pleas of the county in which the crossing is located for entry upon its records, whereupon it shall have the same effect as a decree of the court.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.04 | Acquiring Necessary Property - Sale to Railroad Company.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
The land or property required to make the alteration in the street or highway necessitated by a proposed crossing improvement, shall be purchased or appropriated by the municipal corporation or county in the manner provided for in sections 163.01 to 163.22, inclusive, of the Revised Code. The land or property required to make the alteration in the railroad necessitated by the proposed improvement shall be purchased or appropriated by the railroad company in the manner provided for in sections 163.01 to 163.22, inclusive, of the Revised Code. The municipal corporation or county may also acquire the land or property, or a part thereof, required to make the alteration in the railroad and subsequently sell the same or a part thereof at private sale to the railroad for such purposes, and execute and deliver a deed for it.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.05 | Apportionment of Cost.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The cost of the construction of the improvement in a crossing, including the cost of land or property purchased or appropriated, and the payment of damages to abutting property shall be apportioned as follows:
(A) The railroad company, or companies if several railroads cross a public way at or near the same point, shall pay, unless otherwise agreed upon, fifteen per cent;
(B) The municipal corporation or county shall pay eighty-five per cent.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.06 | Cost of Maintenance of Bridge Borne by County or State.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After the completion of the crossing alteration, the crossings and approaches shall be kept in repair as follows:
(A) When the public way crosses a railroad, or railroad and interurban railroad, by an overhead bridge, the cost of maintenance must be borne by the county or the state as may be provided by law.
(B) When the public way passes under a railroad, or railroad and interurban railroad, the bridge and its abutments shall be kept and maintained by the railroad company, or the railroad company and interurban railroad company, as the case may be, in such proportions as are fixed by agreement between the parties or, in the absence of such agreement, in such proportions as may be 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 as may be provided by law.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.07 | Assessment and Determination of Damages.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All claims for damages by reason of a crossing improvement, filed as provided in section 4957.02 of the Revised Code, shall be assessed and determined as in other cases of public improvements within cities, wherein like claims are made, either before the beginning or after the completion of the proposed crossing improvement, as the legislative authority of the municipal corporation or board of county commissioners decides, when it is determined to proceed with such improvement.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.08 | Company Failing to Comply With Agreement.

Effective:
November 1, 1977
Latest Legislation:
House Bill 219 - 112th General Assembly
If a railroad company fails to comply with any provision of an agreement entered of record in a court of common pleas as provided in section 4957.03 of the Revised Code, on application of a city director of law or prosecuting attorney, stating the nature of its failure, the court shall make orders and decrees to enforce the terms of the agreement and the requirements of law relating to it, and to secure compliance with it by the railroad company, as it deems just and proper. If necessary, the court may enjoin the company from the use of its tracks and the operation of its railroad on and over the crossing in question until it complies with the order or decree as is made.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.09 | Grade Crossing on County Line Road.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a grade crossing is on a county line road, the boards of county commissioners of the counties in which such crossing is situated may join in all the proceedings necessary for the abolition of such grade crossing. That part of the cost of making such change in the crossing and of keeping it in repair which is not agreed to be paid by the railroad company shall be paid by the counties in equal proportions. The money for such purpose shall be raised as in cases of county road crossings.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.10 | Powers as to Grades Above or Below Railroad Tracks.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any municipal corporation may raise or lower, or cause to be raised or lowered, the grade of any street or way owned by it, either within or without its municipal limits, above or below railroad tracks, and may require any railroad company operating a railroad across such streets or ways to raise or lower the grade of its tracks and may construct ways or crossings above the tracks of any railroad, or require the railroad company to construct ways or crossings that are to be passed under its tracks. "Railroad" includes interurban railroads and "railroad company" includes interurban railroad companies engaged in the operation of cars by electricity or other motive power. Any municipal corporation may require such railroad company to erect permanent piers, abutments, or any other appropriate supports in the ways, crossings, streets, roads, or alleys, whenever in the opinion of the legislative authority of the municipal corporation, the raising or lowering of the grade of any such railroad tracks, or the raising or lowering of the construction of such ways, crossings, or other supports may be necessary, upon the conditions set forth in sections 4957.10 to 4957.26, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.11 | Changes in Location of Public Ways.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the legislative authority of a municipal corporation deems it necessary in the abolishment of grade crossings to change the location of any street, alley, road, or way such legislative authority may relocate such street, alley, road, or way, or any part thereof, may vacate the whole or any portion of such street, alley, road, or way abandoned by such relocation, and cause the improvements contemplated to be placed in such relocated street, alley, road, or way.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.12 | Preparation of Plans and Specifications.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation, for the purpose of making or causing a crossing improvement to be made, by ordinance may require the railroad company, in co-operation with the engineer of the municipal corporation, or the engineer designated in such ordinance, to prepare and submit to such legislative authority, within three months unless longer time is mutually agreed upon in writing, plans and specifications for such improvement, specifying the number, character, and location of all piers and supports which are to be permanently placed in any street or way in such municipal corporation, specifying the grades to be established for the streets and the height, character, and estimated cost of any viaduct or way above or below any railroad track, and the change of grade required to be made of such tracks, including the sidetracks and switches. In changing the grade of any railroad, no grade shall be required to exceed the established maximum or ruling grade governing the operations of engines of that division or part of the railroad on which the improvement is to be made, without the consent of the company, nor shall the company's tracks or such highway, street, or way, be required to be placed below high-water mark.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.13 | Court to Determine Manner of Improvement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If at the expiration of three months from the passage of the ordinance referred to in section 4957.12 of the Revised Code, the railroad company has refused or failed to co-operate in the preparation of plans and specifications, or if the engineer of the municipal corporation, or engineer designated in such ordinance by the legislative authority of the municipal corporation, and the company fail to agree upon the plans and specifications for such improvement, then either the company or municipal corporation may submit the matter of determining the method by which the improvement shall be made to the court of common pleas having jurisdiction in the county in which the municipal corporation is situated.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.14 | Petition to Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Either the municipal corporation or the railroad company, after the expiration of three months from the passage of the ordinance referred to by section 4957.12 of the Revised Code, may apply to the court of common pleas by petition accompanied by the necessary plans prepared by the municipal corporation or company, asking that any grade crossing be abolished. Such plans must show the grades to be established for such streets, the changes to be made in the location of streets, alleys, roads, or ways, the height, character, and estimated cost of any viaduct or way above or below railroad tracks, the number, character, and location of piers, abutments, and supports to be permanently located in the streets, alleys, roads, or ways in the municipal corporation, and the change of grade to be made in any railroad tracks, including sidetracks and switches.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.15 | Procedure.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the filing of a petition under section 4957.14 of the Revised Code, accompanied by plans, the railroad company or municipal corporation opposed to the prayer of such petition, or directly interested in it, shall have the right, within sixty days thereafter, to file an answer to such petition and to present other plans for the abolition of such crossing. After the expiration of such period of sixty days, the court 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 the security and convenience of the public require that alterations be made in the crossing or the approaches to it, or in the location of the railroad or public way, or any grades thereof, so as to avoid a crossing at common grade, or that such crossings, or any of them, be discontinued with or without building a new way in substitution therefor, and whether such plans or any of them are reasonable and practicable.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.16 | Order of the Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the court finds that the public security and convenience require the changes to be made, and that the plans presented by the petitioner or any of the parties answering thereto are reasonable and practicable, as provided in section 4957.15 of the Revised Code, it shall order the changes to be made in accordance with the most reasonable and practicable plan presented to the court. The municipal corporation shall be required to make such changes in the streets, roads, or highways as are necessary, and the railroad company to 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 the part of the expenses payable by the companies among such companies. If the court finds that the security and convenience of the public do not require that alterations be made in such crossing, or that none of the plans are reasonable or practicable, the improvement shall not be made upon such plans.
Either party feeling aggrieved by the decision and order of the court may appeal as in other civil cases, the hearing of which shall be advanced upon the docket upon motion of either party.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.17 | Writ of Mandamus.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a municipal corporation or railroad company refuses or neglects to comply with the orders or findings made by the court as provided in section 4957.16 of the Revised Code, the court may enforce its orders or findings by either mandamus or mandatory injunction, or as for contempt of court, as the necessity of the case requires, upon the application of either party to such proceedings.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.18 | Apportionment of Cost Between Municipal Corporation and Railroad.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The cost of constructing a crossing improvement authorized, 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 is required by such municipal corporation and made necessary by such improvement, 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 municipal corporation and fifteen per cent by such railroad company. The municipal corporation shall have a right of action against any such company for the recovery of fifteen per cent or other agreed proportion of such costs payable by it, with interest from the time they become due. Such municipal corporation and company may agree as to what part of the work shall be done by the company, and may fix the amount, or agree upon a method or basis for calculating and ascertaining the amount, to be allowed or credited to the company for doing the work. Such company shall be entitled to deduct from its fifteen per cent or other agreed proportion of the cost of the improvement, the expense incurred by it in the change of its grade required by the municipal corporation or made necessary by it under such specifications, but only if the amount of expense, or a method or basis for calculating it, has been agreed upon in writing between the municipal corporation and the company. If the amount of work done by the company, or made necessary be reason of such change of grade on lowering or raising its tracks, exceeds fifteen per cent or other agreed proportion of the cost of the improvement, then it shall have the right to recover the amount with interest in excess of fifteen per cent or other agreed proportion of the expenses, in an action at law against the municipal corporation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.19 | Payment of Railroad Company's Proportion of Cost.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a municipal corporation may, by ordinance, prescribe the manner and time of payment by a railroad company of the proportion of the cost of a crossing improvement which the company is required to pay.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.20 | Notice of Intention to Make Improvement.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before any work is done which is required in the making of a proposed crossing improvement, the legislative authority of a municipal corporation shall by ordinance or resolution require notice of its intention to make such improvement in accordance with the plans and specification to be given to the owner of each piece of property abutting upon any street, highway, or public place, the grade of which will be changed by the proposed improvement.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.21 | Claims for Damages and Judicial Inquiry.

Effective:
November 1, 1977
Latest Legislation:
House Bill 219 - 112th General Assembly
The laws relating to the manner of service of the notices, the filing of claims for damages, and the effect of failure to file the claims, shall apply to the notice provided in section 4957.20 of the Revised Code and to all claims for damages by reason of the proposed improvement. After the expiration of the time for the filing of the claims, the legislative authority of the municipal corporation, when claims have been filed within the time limited, shall determine by ordinance or resolution whether the claims are to be judicially inquired into before commencing or after the completion of the proposed improvement. Thereupon, the mayor, or village solicitor, or city director of law of the municipal corporation shall make application for a jury in the manner provided by law to the court of common pleas or probate court of the county in which the municipal corporation, or the larger part of it, is situated, either before commencing or after the completion of the improvement, as the legislative authority determines. All proceedings upon the application shall be governed by the laws relating to the application provided for in other cases of city improvements.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.22 | Height of Viaduct.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any way, crossing, or viaduct constructed over a railroad track in any municipal corporation 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 or projection of such overhead way, crossing, or viaduct, unless the railroad company consents to, or the court of common pleas orders, a less height. In no event shall such court order a less height than sixteen feet and three inches.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4957 | Elimination of Crossings › Section 4957.23 | Acquiring Land for Erection of Piers and Supports.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
The land or property required to make alteration in the street, road, alley, or other way, or any right, title, or interest in a public street, alley, or other way, required for the erection of piers or supports in any municipal corporation, necessitated by a proposed improvement, shall be purchased or appropriated by the municipal corporation or railroad company in the manner provided for in sections 163.01 to 163.22, inclusive, of the Revised Code. The land or property required to make any alteration in a railroad or any right, title, or interest in a public street, road, alley, or way required to permit the erection of piers or supports in any municipal corporation, and structure necessitated by the proposed improvements, shall be purchased or appropriated by the company in the manner provided for in sections 163.01 to 163.22, inclusive, of the Revised Code. The municipal corporation may acquire land or property, or any part thereof, required for the purposes mentioned by this section and subsequently sell the same or a part thereof at private sale to the company, and execute and deliver deeds for it. The municipal corporation shall not appropriate land held or owned by a railroad company and necessary for the use of the company in maintaining and operating its railroad.