Ohio Revised Code
Chapter 723 | Streets; Public Grounds
Section 723.041 | Permanent Easement in Vacated Street for Public Utility Facilities.

Effective: October 16, 1961
Latest Legislation: Senate Bill 412 - 104th General Assembly
When any street, alley, or public highway, or a portion thereof, is vacated or narrowed by a municipality pursuant to the provisions of any section of Chapter 723. of the Revised Code, and the relocation of any conduits, cables, wires, towers, poles, sewer lines, steam lines, pipelines, gas and water lines, tracks, or other equipment or appliances of any railroad or public utility, whether owned privately or by any governmental authority, located on, over, or under the portion of the street, alley, or highway affected by such vacation or narrowing, is not required for purposes of the municipality, including urban renewal, any affected railroad or public utility shall be deemed to have a permanent easement in such vacated portion or excess portion of such street, alley, or highway for the purpose of maintaining, operating, renewing, reconstructing, and removing said utility facilities and for purposes of access to said facilities.

Structure Ohio Revised Code

Ohio Revised Code

Title 7 | Municipal Corporations

Chapter 723 | Streets; Public Grounds

Section 723.01 | Legislative Authority to Have Care, Supervision, and Control of Public Roads, Grounds and Bridges.

Section 723.011 | Control of Sidewalks, Curbs, and Gutters.

Section 723.012 | Wooden Flagpole Along Right-of-Way.

Section 723.02 | Opening Streets.

Section 723.03 | Dedication of Streets - Acceptance by Legislative Authority.

Section 723.04 | Change of Name, Vacating, or Narrowing Streets on Petition.

Section 723.041 | Permanent Easement in Vacated Street for Public Utility Facilities.

Section 723.05 | Change of Name, Vacating, or Narrowing Streets Without Petition.

Section 723.06 | Notice Not Required.

Section 723.07 | Notice of Application to Be Published.

Section 723.08 | Effect of Order of Vacation.

Section 723.09 | Vacation or Establishment of Street or Alley by Court.

Section 723.10 | Notice of Petition.

Section 723.11 | Hearing of Adverse Claims.

Section 723.12 | Street Not to Be Closed Until Damages Paid.

Section 723.121 | Conveyance of Lands Not Needed for Municipal Purposes by Legislative Authorities.

Section 723.13 | Municipal Corporations May Construct or Repair Viaduct - Bonds.

Section 723.14 | Expenditure of Construction or Repair Funds.

Section 723.15 | Proceeds of Bond Issue When Authorized by Election.

Section 723.16 | Owner Defined.

Section 723.17 | Petition for Sprinkling Streets.

Section 723.18 | Sprinkling Ordinance.

Section 723.19 | Procurement.

Section 723.20 | Tax Levy for Sprinkling - Street Railway Companies to Pay Portion of Cost.

Section 723.21 | Legislative Authority May Require Street Railway Company to Sprinkle Its Right of Way.

Section 723.22 | Municipal Corporation May Contract for Sprinkling.

Section 723.23 | Surface Treatment of Streets.

Section 723.31 | Treatment With Oil Regarded as a Cleaning and Repairing of Streets and Alleys.

Section 723.32 | Surface Treatment and Sprinkling of Streets by Board of Education.

Section 723.33 | Legislative Authority May Require Bridge or Railway to Be Lighted.

Section 723.34 | Specifications in Lighting Ordinance.

Section 723.35 | Notice of Lighting Requirement Shall Be Given.

Section 723.36 | Procedure on Failure of Owner to Light Bridge or Railway.

Section 723.37 | Assessment for Expense of Lighting.

Section 723.38 | Terms of Construction and Operation of Street Railway Fixed by Legislative Authority.

Section 723.39 | Notice Required of Application to Establish Street Railway Route.

Section 723.40 | Consent of Property Owners Necessary.

Section 723.41 | Grant Not Valid for More Than Twenty-Five Years.

Section 723.42 | Grade of Streets When Street Railway Is Constructed.

Section 723.43 | Pavement of Streets Where Railways Are Constructed.

Section 723.431 | Removal or Repair of Street Railway.

Section 723.44 | Extension of Street Railway May Be Granted.

Section 723.45 | Franchises to Interurban Railways for the Purpose of Securing Terminals.

Section 723.46 | Condemnation Proceedings.

Section 723.47 | Term of Grant.

Section 723.48 | Regulation of Rate of Speed.

Section 723.49 | Damage From Excavation.

Section 723.50 | Depth of Excavation Allowable.

Section 723.51 | Municipal Corporations May Change Streams and Highways.

Section 723.52 | Estimate of Cost of Construction by Force Account - Competitive Bidding - Rejection of Bids.

Section 723.53 | Account of Cost of Construction by Force Account or Direct Labor.

Section 723.54 | Inspection of Bridges.

Section 723.55 | Restriction Upon Contract to Construct or Repair Bridges.