reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.05 | Levy of Public Way Fees by Municipal Corporation.

Effective:
July 2, 2002
Latest Legislation:
Senate Bill 255 - 124th General Assembly
(A) A municipal corporation shall not require any nonmonetary compensation or free service, or levy any tax, for the right or privilege to occupy or use a public way, and shall not levy a public way fee except in accordance with this section.
(B)(1) A municipal corporation may levy different public way fees based upon the amount of public ways occupied or used, the type of utility service provided by a public utility, or any different treatment required by the public health, safety, and welfare.
(2) A municipal corporation may waive all or a portion of any public way fee for a governmental entity or a charitable organization.
(3) A municipal corporation shall not require any person, including a reseller, that does not occupy or use a public way owned or controlled by the municipal corporation to pay it a public way fee.
(4) A municipal corporation that charges a franchise fee or otherwise receives free service or other nonmonetary compensation as part of a franchise between a cable operator and the municipal corporation shall grant the cable operator, for the occupancy or use of the public way related to the provision of any services provided by the cable operator, a credit, offset, or deduction against any public way fee or like charge for all such payments and the retail value of the free service or other nonmonetary compensation.
(C) Public way fees levied by a municipal corporation shall be based only on costs that the municipal corporation both has actually incurred and can clearly demonstrate are or can be properly allocated and assigned to the occupancy or use of a public way. The costs shall be reasonably and competitively neutrally allocated among all persons occupying or using public ways owned or controlled by the municipal corporation, including, but not limited to, persons for which payments are waived as authorized by division (B) of this section or for which compensation is otherwise obtained. No public way fee shall include a return on or exceed the amount of costs reasonably allocated by the municipal corporation to such occupant or user or pursuant to any reasonable classification of occupants or users.
(D) A municipal corporation that levies a public way fee shall establish and maintain a special fund for all such fees remitted to the municipal corporation and, with respect to that special fund, shall be subject to sections 5705.09, 5705.10, 5705.14, 5705.15, 5705.16, 5705.39, 5705.40, 5705.41, 5705.44, and 5705.45 of the Revised Code and any other applicable provision of Chapter 5705. of the Revised Code concerning the establishment or maintenance of a special fund.
(E) At least forty-five days prior to the date of enactment of a public way ordinance by a municipal corporation, the municipal corporation shall file with the public utilities commission a notice that the ordinance is being considered.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.06 | Appeal of Levy of Public Way Fee.

Effective:
July 2, 2002
Latest Legislation:
Senate Bill 255 - 124th General Assembly
(A) If a public utility does not accept a public way fee levied against it pursuant to the enactment of an ordinance by a municipal corporation, the public utility may appeal the public way fee to the public utilities commission. The appeal shall be made by filing a complaint that the amount of a public way fee, any related classification of public way occupants or users, or the assignment or allocation of costs to the public way fee is unreasonable, unjust, unjustly discriminatory, or unlawful. The complaint shall be filed not later than thirty days after the date the public utility first becomes subject to the ordinance. The complaint is subject to the same procedures as a complaint filed pursuant to section 4905.26 of the Revised Code. The commission shall act to resolve the complaint by issuance of a final order within one hundred twenty days after the date of the complaint's filing.
(B) Only upon a finding by the commission that reasonable grounds are stated for a complaint filed under division (A) of this section, the commission by order shall suspend the public way fee provisions of the municipal ordinance for the duration of the commission's consideration of the complaint. For the purpose of this division, if the commission so suspends an ordinance pursuant to a complaint filed not later than thirty days after the date that the ordinance first takes effect, the suspension shall apply to the public way fee for every occupancy or use of the public way to which the fee would otherwise apply. For any other complaint, the suspension shall apply only to the public utility filing the complaint. The municipal corporation may later collect, for the suspension period, any suspended public way fee only if the commission finds that the public way fee is not unreasonable, unjust, unjustly discriminatory, or unlawful.
(C) If the commission finds that the public way fee or classification complained of is unreasonable, unjust, unjustly discriminatory, or unlawful, it shall determine by order the just and reasonable public way fee or classification.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.08 | Relocation of Facilities.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
If requested by a municipal corporation, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator shall relocate or adjust its facilities within the public way at no cost to the municipal corporation, as long as such request similarly binds all users in or on such public way. Such relocation or adjustment shall be completed in accordance with local law.
Last updated May 28, 2021 at 5:37 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4939 | Use of Municipal Public Way › Section 4939.09 | Exceptions for Prior Franchises or Agreements.

Effective:
August 1, 2018
Latest Legislation:
House Bill 478 - 132nd General Assembly
(A) Nothing in sections 4939.01 to 4939.08 of the Revised Code applies to a franchise or to any agreement with a public utility, cable operator, or operator, for the balance of its term, if the franchise or agreement meets all of the following, as applicable:
(1)(a) With respect to a public utility or cable operator, the franchise was granted, or the agreement was authorized by ordinance or otherwise and was entered into, by a municipal corporation prior to July 2, 2002.
(b) With respect to an operator, the agreement was authorized by ordinance or otherwise and was entered into by a municipal corporation and the operator prior to the effective date of the amendments to this section by S.B. 331 of the 131st general assembly.
(2) The franchise or agreement authorizes the occupation or use of public ways.
(3) The public utility or operator agrees with the applicable public way fees, or nonmonetary compensation, if any, or the cable operator pays the applicable fee or utilizes the credit, offset, or deduction specified in division (B)(4) of section 4939.05 of the Revised Code.
(B)(1) Except as otherwise provided in division (A) of section 4939.06 of the Revised Code, nothing in sections 4939.01 to 4939.08 of the Revised Code applies to an ordinance both governing public ways and enacted by a municipal corporation prior to September 29, 1999, unless, on or after that date, the ordinance is materially modified.
(2) Division (B)(1) of this section does not apply to operators and their facilities.
(C) Nothing in sections 4939.01 to 4939.08 of the Revised Code authorizes a municipal corporation to levy a fee, other than a public way fee authorized by section 4939.05 of the Revised Code, on a pipeline company or an operator of a pipeline facility regulated under the "Accountable Pipeline Safety and Partnership Act of 1996," 110 Stat. 3793, 49 U.S.C.A. 60101, or on an operating partner or affiliated business unit operating under guidelines of the federal energy regulatory commission as they relate to the construction and operation of a pipeline.
(D) Nothing in sections 4939.01 to 4939.08 and this section of the Revised Code prohibits a municipal corporation from doing either of the following:
(1) Charging a cable operator a franchise fee in accordance with the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 542;
(2) Allowing a credit, offset, or deduction against the payment of a construction permit fee for any franchise fee a cable operator pays to the municipal corporation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.01 | Authority to Construct Street Railways.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Street railways, with single or double tracks, sidetracks, and turnouts, may be constructed or extended within or without, or partly within and partly without, any municipal corporation. Offices, depots, and other necessary buildings for street railways may be constructed.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.02 | Grant of Right to Construct.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The right to construct or extend a street railway within or beyond the limits of a municipal corporation may be granted only by its legislative authority by ordinance. The right to construct such street railway without the limits of a municipal corporation may be granted only by the board of county commissioners by an order entered on its journal. The legislative authority or the board may fix the conditions upon which such street railways may be constructed, operated, extended, and consolidated.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.03 | Grantee Not to Be Released From Obligation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After a grant to construct or extend a street railway, or the renewal of any such grant, has been made by general or special ordinance or by the order of the board of county commissioners, neither the municipal corporation nor the board shall release a grantee from any obligations or liabilities imposed by the grant or renewal during the term for which such grant or renewal was made.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.04 | Right to Occupy Tracks of Existing Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No right shall be given by municipal or county authorities to occupy the track, single or double, or other structure, of existing street railways for more than one eighth of the distance between the termini of the route, as actually constructed, operated, and run over, of the company or person to whom such grant is made. In granting permission to extend existing routes in cities, the cities and companies owning such route shall have all the rights and powers which they possess under existing laws and contracts.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.05 | Extension to Be Constructed as New Route.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No extension of a street railway located wholly outside a city, or of one wherever located, which is built in pursuance of a right obtained from authority other than that of a municipal corporation, shall be made within the limits of such city, except as a new route.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.06 | Written Consent of Property Owners Required.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No grant referred to in section 4951.02 of the Revised Code shall be made until there is produced to the legislative authority of a municipal corporation or the board of county commissioners the written consent of the owners of more than one half of the front footage of the lots and lands abutting on the street or public way along which it is proposed to construct such street railway or extension, and evidence that ordinances of the legislative authority relating to such grant have in all respects been complied with, whether the railway proposed is an extension of an old or the granting of a new route.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.07 | Written Consent Not Required.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a grant is made by the legislative authority of a municipal corporation, either for a new route or as an extension of an existing route, in case the number of tracks is not increased beyond the number for which consent originally was obtained, on and along any part of a street or public way upon which a street railway has been operated within one year preceding under a grant or renewal of a grant which has expired or within two years will expire or when such a grant is made by the legislative authority of a municipal corporation or the board of county commissioners of a county on and along any part of a street or public way upon the order or finding of any court of competent jurisdiction, or a judge of such court, in a hearing upon or growing out of a grade crossing elimination proceeding, in which hearing such court or judge has determined that the reasonable and practical solution of the manner of eliminating a grade crossing requires that such a street railway or interurban railroad be relocated or rerouted for a certain distance fixed by the court, it shall not be necessary to produce to the legislative authority or board any written consents from the owners of the lots and land abutting on such part of a street or public way.
This section does not permit a person owning property abutting on a street along, in, or over which a street railway is about to be constructed to withdraw his consent after an ordinance granting the right to construct and operate it has been read the second time, if at least thirty days elapsed since the first reading of such ordinance, in the legislative authority of the municipal corporation or other body authorized to make the grant.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.08 | Appropriating Property.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
When the legislative authority of a municipal corporation or board of county commissioners makes a grant as provided in section 4951.02 of the Revised Code, the company or person to whom it is made may appropriate, in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code, property necessary for the street railway if the owner fails expressly to waive his claim to damages by reason of the construction and operation of the railway.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.11 | Appropriation of Property by Directors.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
When it is deemed necessary by a majority of the directors of a domestic or foreign corporation owning or operating a street railway in a municipal corporation to appropriate private property in such municipal corporation, in order to avoid dangerous or difficult curves or grades or unsafe or unsubstantial ground or foundations, to extend or shorten its railway line, or to provide land on which to extend its power plant, such corporation may appropriate so much private property as is necessary for the extension of such power plant, or for the construction, operation, and maintenance of the tracks, poles supports, wires, cables, and necessary appliances of such railway other than power houses, machine shops, stations, or substations, in the manner provided by and subject to sections 163.01 to 163.22, inclusive, of the Revised Code.
For the purposes provided in this section such corporation may change the location of any part of its railway.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.12 | Use of Public Highways.

Effective:
October 11, 1955
Latest Legislation:
House Bill 70 - 101st General Assembly
Companies incorporated under section 1701.04 of the Revised Code, for the purpose of owning or operating street railway companies, may construct, maintain, and operate street railways for the transportation of passengers, packages, express matter, United States mail, baggage, and freight upon the highways in this state outside of municipal corporations or upon private right of ways.
Such companies may occupy and use for their tracks, cars, necessary fixtures, and appliances, the public highways outside of municipal corporations with the consent of the public authorities in charge of or controlling such highways, and with the written consent of the majority, measured by the front foot, of the property holders abutting on each of such highways.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.13 | Consent of Authority Controlling Public Highway.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If the public highway along which a street railway is to be constructed is owned by a person or company, or is within the control or management of the board of public works or other public officer, such owner or officer may agree with the person or company constructing the railway as to the conditions upon which the highway may be occupied.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.14 | Crossings.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
Whenever it is deemed necessary by a majority of the board of directors of a street railway company to cross the streets, avenues, alleys, ways, or any part thereof, of any municipal corporation or any public highway outside of a municipal corporation, the legislative authority of such municipal corporation, or the public officers owning or having charge of such highways outside of municipal corporations, may agree with such company as to the manner and mode of such crossing and the compensation to be paid for it. If the parties fail to agree, such company may proceed in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code. In its final order the court shall fix the manner and mode of such crossing. Upon compliance with such decree, the company may construct and maintain such crossing in accordance with the order in said cause.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.15 | Appropriation of Private Property.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
Street railways and interurban or suburban railroads using other than steam as motive power, when necessary, may enter upon and use private property in the construction, alteration, and operation of its railway or any part of it. For such purpose they have all rights and powers of appropriation that railroad companies possess and shall proceed in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.16 | Appropriation of Property for Depots.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
Where the tracks of any street railway extend into or through any municipal corporation and the street railway company deems it necessary to enter upon and use any private property within such municipal corporation for the construction and maintenance of either passenger stations or freight depots to be used in the operation of such railway, such company may appropriate private property within municipal corporations for such purposes in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.18 | Leases, Purchases, and Traffic Arrangements.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Street railway and suburban and interurban railroad companies may lease, purchase, or make traffic arrangements with any other street railway company as to so much of its tracks and other property as is necessary or desirable to enable them to enter or pass through a municipal corporation, upon the conditions applicable to other street railways. Any existing railway company owning or operating a railway shall receive the cars, freight, packages, or passengers of any other railway upon the same conditions as they carry for the general public.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.19 | Consolidation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Street railway companies referred to by section 4951.18 of the Revised Code may consolidate on the terms applicable to the consolidation of railroad companies. No increase of fare shall be allowed on any street railway route by reason of such consolidation.
Such companies shall be subject to the regulations provided for street railways and have all the powers, insofar as they are applicable, that other street railway companies possess.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.20 | Consolidation of Street Railway Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the lines or authorized lines of railway of street railway companies meet or intersect, or conveniently can be operated from one power house, or power houses owned, under lease, or operated by one of such companies, or when such line of a street railway company, and that of an inclined-plane railway or railroad company, or any railway operated by electricity conveniently may be connected, to be operated to mutual advantage, or when such line of a street railway company and that of an inclined-plane railway or railroad company or the railway of any company operated by electricity conveniently can be operated from one power house or power house owned, under lease, or operated by one of such street railway companies, inclined-plane railway or railroad companies, or by any company the railway of which is operated by electricity, such companies, or two or more of them, if they are not competing lines, may consolidate themselves into a single company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.21 | Exceptions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Section 4951.20 of the Revised Code as to competing lines does not apply to companies whose lines are nearby or wholly situated in a municipal corporation of this state, or to the railway of any street railway company organized in this state which is made or is in process of construction to the boundary line of the state, or to a point within or without the state. Such company may consolidate its capital stock with that of any company in an adjoining state, the lines of whose railways have been made or are in process of construction to the same points, in the manner and with the effect provided by law for the consolidation of railroad companies.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.22 | Consolidation of Electric Railway Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the railways of any street railway company, organized under the laws of this state, are constructed or in process of construction, and are or will be operated by electricity, and connect, or will or can be made to connect with the railways of another street railway company formed by the consolidation of companies organized under the laws of this state, or by the consolidation of a company organized under the laws of this state and a company organized under the laws of an adjoining state, whose railways are constructed or in process of construction, and are or will be operated by electricity, so that cars may pass over such railways continuously without break or interruption, such street railway company and such consolidated street railway company may consolidate themselves into a single company in the same manner and with like effect as is provided by law for the consolidation of railroad companies. Companies owning and operating competing railways shall not consolidate under this section, but this limitation does not apply to companies whose railways are nearby or wholly situated in a municipal corporation of this state.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.23 | Interurban Railroad May Contract for Use of Tracks in Cities.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When an interurban railroad company is incorporated and organized under the laws of this state for the purpose of building, acquiring, owning, leasing, operating, and maintaining a railroad to be operated by electricity or other motive power from one municipal corporation or point in this state to another municipal corporation or point in this state, it may agree with a street railway company owning or operating a street railway in such municipal corporation that its passenger cars may be run and propelled over and along the tracks of such street railway company on such terms as may be agreed upon, in the manner, upon the conditions, and for the length of time that the cars owned or operated by such street railway company are operated in such municipal corporation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.24 | Privileges and Obligations of Street Railways Apply to Interurban Railroads.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
While they are running and being operated over and along the tracks of a street railway company in a municipal corporation, the cars of an interurban railroad company are entitled to the privilege enjoyed by and subject to the obligations imposed upon the cars of such street railway company owning or operating its cars in such municipal corporation. They shall be operated only by the motive power which operates the cars of such street railway company. When authorized by not less than two thirds in amount of the stockholders of each company proposing to enter into such arrangement and agreement, ratified by a majority of the directors, and executed by the proper officers of such companies, such arrangement and agreement gives such interurban railroad company full authority to operate its cars on the tracks of such street railway company in such municipal corporation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.25 | Additional Grant Unnecessary.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
It is not necessary for an interurban railroad company, in case it uses in a municipal corporation only the tracks of a street railway company owning or operating a street railway in such municipal corporation, to obtain an additional grant, franchise, or right, except by the agreement referred to by section 4951.23 of the Revised Code with such street railway company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.26 | Fare Charged Within City.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The fare charged by an interurban railroad company which has contracted for the use of tracks as provided by section 4951.23 of the Revised Code for transporting passengers within the municipal corporation shall not be greater than that fixed in the franchise held or owned by the street railway company. When there is a public park or cemetery on the line of such railway, within one mile of, and owned by, such municipal corporation, such company for such fare must so transport passengers to and from such park or cemetery the same as if either was within the limits of such corporation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.27 | Lease or Purchase of Electric or Gas Light, Heat, Power, or Fuel Company.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A company maintaining and operating a street railway or a railroad operated by electricity may lease or purchase all the property, franchises, rights, and privileges of any company organized for the purpose of supplying either electricity or natural or artificial gas, or both, for power, light, heat, or fuel purposes, or which has been engaged in such business in whole or part in any municipal corporation within this state, the latter being hereby vested with corresponding power to let or sell, upon such conditions as are agreed upon between the companies. No such lease or purchase may be perfected until a meeting of the stockholders of each of the companies has been called for that purpose by the directors, on thirty days' notice to each stockholder, at such time and place and in such manner as is provided for the annual meetings of the companies, and the holders of at least two thirds of the stock of each company, in person or by proxy at such meeting or at any properly adjourned meeting, assent to such lease or purchase.
A stockholder who refuses to assent to such lease or sale and so signifies by notice in writing to the lessee or purchaser within ninety days thereafter is entitled to demand and receive compensation in the manner provided for the compensation of stockholders dissenting from the sale or lease of a railroad.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.28 | Liabilities of the Company Leased or Purchased.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A company leasing or purchasing the property, rights, and franchises of an electric light and power company, natural or artificial gas company, or electric light and power and natural or artificial gas company, as provided in section 4951.27 of the Revised Code, has all the rights, power, and authority of the company whose property, rights, and franchises are so leased or purchased. The liability of the electric light and power company, natural or artificial gas company, or electric light and power and natural or artificial gas company shall in no manner be affected by such lease or sale.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.29 | Railway Company May Acquire Property of Other Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A company organized for street railway purposes may lease or purchase any street railway, or railroad operated as such and by electric power, or inclined-plane railway, together with all the property, franchises, rights, and privileges respecting the use and operation of such railway, situated or existing in whole or part in this state, constructed and held by any other company, the latter being hereby invested with corresponding power to let or sell on such conditions as are agreed upon between the companies.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.30 | Agreements With Other Companies.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Two or more street railway or electric railway companies may enter into any agreement for their common benefit consistent with and calculated to promote the objects for which they were created. No such lease or purchase shall be perfected until a meeting of the stockholders of each of the companies has been called for that purpose by the directors of such companies, on thirty days' notice to each stockholder at such place and in such manner as is provided for annual meetings of the companies, and the holders of at least two thirds of the stock of each company, in person or by proxy at such meeting or at any properly adjourned meeting, assent to such lease or purchase. Any stockholder who refuses to assent to such lease or sale and so signifies by notice in writing to the lessee or purchaser within ninety days thereafter is entitled to demand and receive compensation in the same manner and by such proceedings as are provided for the sale of stock of a stockholder dissenting to a sale or lease of a railroad.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.31 | Fare Cannot Be Increased.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a lease or purchase is made as provided in sections 4951.29 and 4951.30 of the Revised Code, there shall be no increase of the existing rates of fare by reason of such lease or purchase, nor shall any fare be charged upon any of the separate routes so leased or purchased in excess of the fare charged over such separate routes prior to the lease or purchase of them. When a lease or purchase is made, the fare charged for one continuous route or ride in the same general direction over all such leased or purchased lines within any municipal corporation shall not exceed the maximum fare charged over any one of such lines prior to such lease or purchase.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.32 | Construction of Inclined-Plane Railways.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An inclined-plane railway company may construct, operate, and maintain an inclined-plane railway for the conveyance of passengers and freight, or either, with such offices, depots, and other buildings as it deems necessary. Such company may establish and maintain a park or pleasure grounds and for such purpose acquire and hold real estate.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.33 | Construction of Street Crossings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When the part of the railway of an inclined-plane railway company which is operated by steam power crosses a public street or highway, it must pass either over or under such street or highway, and shall be constructed in a manner and at such distance above or below it as not to obstruct the ordinary use of the street or highway.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.34 | Construction of Elevated and Underground Railroads and Railways.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A city owning or having charge of any public road, street, alley, way, or ground of any kind, or any part thereof, may grant to any railroad company, street railway company, suburban railroad company, or interurban railroad company the right to construct, maintain, and operate by electricity, any elevated railroad along and over such public road, street, alley, way, or ground, except a public landing, or across them subject to existing laws concerning crossings, so far as they are applicable, and to erect and maintain in such road, street, alley, way, or ground the necessary tracks, piers, stays, supports, and stations, and the approaches therefor, which stations shall be on a level with the track, and when necessary to construct tunnels for such railroad, and operate by electricity any underground railroad, along and under such public roads, streets, alleys, ways, or grounds, and to erect and maintain stations, stairways, and approaches and also to construct suitable terminals and way stations.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.35 | Elevated and Subway Structures Must Not Obstruct Travel or Impair Streets.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Elevated structures and crossings referred to in section 4951.34 of the Revised Code shall be of such height and construction as not to prevent substantially the ordinary use of, and traffic upon, roads, streets, alleys, ways, or grounds, whether by pedestrians, vehicles, streetcars, or otherwise, except temporarily when necessary in the construction of the elevated structures and crossings.
Tunnels for elevated railroads, or subways for underground railroads shall be constructed as not to impair the stability of the roads, streets, alleys, or public grounds, or prevent the use of any sewers, street railway tracks and appliances, pipes, wires, and conduits used for any purpose in the streets, alleys, ways, or grounds except temporarily when necessary in the construction of the tunnels or subways, except as provided in sections 4951.35 to 4951.38, inclusive, of the Revised Code. Such elevated structures, crossings, tunnels, and subways shall be constructed in accordance with general plans approved by the director of public service of the city. All such work of construction shall be subject to the supervision and control of the director of public service.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.37 | Grant of Rights and Privileges Valid.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any ordinance of any city purporting to grant any rights or privileges contained in sections 4951.35 to 4951.38, inclusive, of the Revised Code, to any company, which grant has been accepted and on account of it money has been expended in good faith, is as valid and effective as if the power in said city to so grant such rights and privileges had been expressly granted to the city.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.38 | Right to Lease Space in Tunnel or Subway.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of a city may authorize the company operating an elevated or underground railroad to lease space in its tunnel or subway for the purpose of placing pipes, conduits, tubes, and wires for artificial or natural gas, water, sewer, heating, telegraph, telephone, signal service, United States mail, or electricity for light, heat, and power purposes, to any company which has been authorized by the city to engage in, and which company is actually engaged in, the business in connection with which the use of such space is to be made. Such lease shall be made and such space occupied in such manner and on such conditions, as the legislative authority determines and approves. The legislative authority may place or cause to be placed in such tunnel or subway any pipes, lines, and conduits for any of its service, including those named in this section, without charge, except for cost of construction, provided that such placing shall not interfere with the company's use of the subway.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.39 | Conditions of Grant.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A grant to construct an elevated or an underground railroad shall only be made upon such conditions as are agreed upon by the legislative authority of the city, and the company operating such elevated or underground railroad. Every such grant shall provide for the rate of fare within the limits of such city.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.40 | Appropriation of Property for Elevated or Underground Railroad.

Effective:
January 1, 1966
Latest Legislation:
Senate Bill 94 - 106th General Assembly
After a grant referred to in section 4951.34 of the Revised Code has been made the company operating the elevated or underground railroad may appropriate private property necessary for the use and enjoyment of the grant, including terminals and way stations, for the purpose of constructing and operating its railroad in the manner and upon the terms provided for in sections 163.01 to 163.22, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.41 | Damages to Other Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any company which constructs an elevated track upon or a tunnel or an underground railroad below the roads, streets, alleys, ways, or grounds of a city is responsible for injuries done by such construction to private or public property lying upon or near such streets, alleys, ways, or grounds, which may be recovered by civil action brought by the owner before the proper court at any time within two years from the completion of the tracks or railroad.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.42 | Purchase of Railroad by City.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Each city making a grant as provided in sections 4951.34, 4951.35, and 4951.39 to 4951.41, inclusive, of the Revised Code, may provide in such grant, upon such conditions as are agreed upon by the legislative authority of the city and the company operating the elevated or underground railroad, for the ultimate purchase and ownership by the city of such railroad or any part of it.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.43 | Acceptance or Rejection of Grant.

Effective:
August 22, 1995
Latest Legislation:
House Bill 99 - 121st General Assembly
Every railroad, street railway, suburban railroad, or interurban railroad company to whom a grant has been made as provided in sections 4951.34, 4951.35, and 4951.39 to 4951.42 of the Revised Code, shall notify in writing the authorities making the grant of its rejection or acceptance of the grant at a time fixed by such authorities at the time of making the grant. If, after a grant has been made and accepted by any railroad, street railway, suburban railroad, or interurban railroad company, within sixty days after such acceptance there is filed with the mayor of the city making the grant a petition protesting against it and signed by such a number of the electors of the city qualified to vote at the most recent general election, as equals ten per cent of the number of votes cast for mayor at the most recent election for mayor, he shall certify such fact to the proper election officials.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.44 | Submission of Grant to Electors.

Effective:
July 2, 2010
Latest Legislation:
House Bill 48 - 128th General Assembly
The officials in charge of the general election shall arrange, provide for, and conduct the submission of the question of a grant as provided in section 4951.43 of the Revised Code to such electors. The question whether the grant shall be made shall be submitted to the electors of such city at the succeeding general election occurring more than ninety days after the expiration of the sixty days provided in such section. If the grant is for the construction of elevated tracks, the ballots shall read "Elevated Railroad Grant--Yes", "Elevated Railroad Grant--No". If the grant is for the construction of underground tracks, the ballots shall read "Underground Railroad Grant--Yes", "Underground Railroad Grant--No". If the grant is for the construction of partly elevated and partly underground tracks, the ballots shall read "Elevated and Underground Railroad Grant--Yes", "Elevated and Underground Railroad Grant--No". If at such election a majority of the votes cast on such question is against such grant, such grant is void.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.45 | Electric Railways or Interurban Railroads Operating Cars Along Third Rail Required to Maintain Fences.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any company or person having the control or management of an electric or street railway or interurban railroad which operates its cars by electricity conducted through or along a third rail shall construct, or cause to be constructed, and maintain in good repair on each side of its right of way through which such third rail extends, a fence sufficient to turn stock. Such company or person shall cause to be maintained at every point where any public road, street, lane, or highway crosses such railway or railroad, safe and sufficient crossings, and on each side of such crossings cattleguards sufficient to prevent domestic animals from going thereupon. Such company or person is liable for all damages sustained in person or property in any manner by reason of any neglect or carelessness in the construction or maintenance of any such fence, crossing, or cattleguard, whether such damage is sustained from the contact of said domestic animals with said cars or from contact with, or by reason of, electricity passing through or along such third rail.
Sections 4951.45 to 4951.47, inclusive, of the Revised Code, do not require the building and maintenance of such fence between the right of way of such electric or street railway or interurban railroad, and the right of way of any railroad or electric railway where said right of ways are parallel and abut upon each other, and such railroad or electric railway maintains a fence on the opposite side of its right of way.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4951 | Street Railways and Interurban Railroads › Section 4951.46 | Abutting Owner May Construct and Maintain Fence.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If any company or person neglects or refuses to construct and maintain a fence as provided in section 4951.45 of the Revised Code, the owner of any land abutting on the line of the right of way of such person or company may construct the fence, so far as his lands abut on the right of way. When such owner has completed the fence, he may present for payment, to the ticket agent of the company at the station nearest the track so fenced, an itemized statement of the expenses of such construction. If such person or company neglects or refuses for thirty days to pay such account, such landowner may recover the reasonable cost of such fence from the owner of the railroad or railway in any court of competent jurisdiction.