Effective: September 28, 1973
Latest Legislation: House Bill 200 - 110th General Assembly
From the finding and order of the director of transportation that such improvement as provided for in section 5523.02 of the Revised Code is reasonably necessary and expedient, any railroad company or any interurban railway company may, upon the question of such necessity and expediency, take an appeal to the public utilities commission. A party desiring to take an appeal shall file with the director written notice of its intention to do so within thirty days after service upon it of a copy of such finding and order, as provided in section 5523.03 of the Revised Code, and the director shall certify to such commission all original papers on file with him, together with a copy of all orders made by him in said proceeding. Such appeal shall be docketed by the commission and, after not less than ten days' written notice to all interested parties setting forth the time and place when and where said appeal will be heard, it shall hear the same upon the evidence adduced before it and shall determine whether such improvement is necessary and expedient. An appeal from the order of the director, fixing the contribution of a street or interurban railway company to the commission may be taken and shall be heard and decided in the same manner. Any party to such proceedings on appeal, deeming himself aggrieved by the decision of the commission, may prosecute error or appeal to the supreme court as in other cases.
Structure Ohio Revised Code
Title 55 | Roads-Highways-Bridges
Chapter 5523 | Grade Crossings
Section 5523.01 | Relocation or Grade Changes - Elimination of Grade Crossings.
Section 5523.02 | Relocation of State Highway to Eliminate Grade Crossings.
Section 5523.03 | Issuance of Finding and Order on Crossing to Be Abolished - Hearing.
Section 5523.04 | Railroad Company to Co-Operate.
Section 5523.05 | Failure to Agree Upon Necessity of Improvement - Plans - Specifications.
Section 5523.07 | Finding of Court - Modification or Alteration of Plans - Apportionment - Appeal.
Section 5523.08 | Costs Chargeable to the Improvement - Proportion of Costs.
Section 5523.09 | Contract to Be Approved by Attorney General.
Section 5523.10 | Purchase or Appropriation of Property for Grade Crossing Elimination.
Section 5523.11 | Plans of Proposed Improvement.
Section 5523.13 | Director May Prescribe Manner and Time of Payment.
Section 5523.14 | Clearance Under Viaduct.
Section 5523.15 | Co-Operation by Municipal Corporations.
Section 5523.16 | Appeal to Public Utilities Commission.
Section 5523.17 | Improvement to Be Kept in Repair - Responsibility for Bridge Inspection.
Section 5523.18 | Costs of Improvement.
Section 5523.19 | Separated Crossing Not Constructed Under Certain Sections.
Section 5523.20 | Grade Separation When Highway Is Adjacent to or Near a Railroad.