Ohio § 1728.13

§ 1728.13.

(A) A community urban redevelopment corporation does not have the power, nor shall any

financial agreement made pursuant to Chapter 1728. of the Revised Code, provide that

the municipal corporation for its part will undertake, to construct, install, acquire,

maintain, or operate any property, plant, equipment, or facilities which would be

competitive with any public utility as the same is defined in section 4905.02 of the Revised Code or used by any public utility subject to regulation, supervision, or control by any

federal regulatory body. (B) A municipal corporation may not acquire by the exercise of the right of eminent domain,

for any of the purposes of Chapter 1728. of the Revised Code, any property used by

any public utility as the same is defined in section 4905.02 of the Revised Code or used by any public utility subject to regulation, supervision, or control by any

federal regulatory body, in furnishing any commodity or service which, by law, it

is authorized to furnish. (C) If any municipal corporation, or its duly authorized agency, as part of or in connection

with any plan, plan of a project or projects initiated or undertaken in accordance

with Chapter 1728. of the Revised Code, vacates any street, avenue, highway, road,

or other public place or way, referred to in this section as “street,” on, in, or

under which is located any property owned or used by any public utility as defined

in section 4905.02 of the Revised Code , or owned or used by any public utility subject to regulation, supervision, or control

by any federal regulatory body in furnishing any commodity or service which, by law,

it is authorized to furnish, such municipal corporation shall determine, upon the

completion of the vacation proceedings, whether the retention of such property in

the existing location will interfere with the consummation of the project. (D) If such municipal corporation, or its duly authorized agency, determines that the

retention of such property in such location will interfere with the consummation of

the project, it shall make an order requiring the public utility using such property

to remove, relocate, rearrange, or change such property in accordance with such order,

and the cost and expense of such removal, rearrangement, or change, including the

cost of installing such property in a new location or locations or changed condition,

and the cost of any lands or any rights or interest in lands and any other rights

acquired to accomplish such removal, relocation, rearrangement, or change shall be

paid by the municipal corporation or its duly authorized agency as part of the cost

of making land available for use by a community urban redevelopment corporation.  In case of the relocation of any such property, the public utility using the same,

its successors and assigns, may maintain and operate such property with the necessary

appurtenances, in the new locations for as long a period and upon the same terms and

conditions and with the same franchise rights as it had the right to maintain and

operate such property in its former location. (E) If such municipal corporation, or its duly authorized agency, determines that the

retention of such property in its existing location will not interfere with the consummation

of the project, it shall express such determination in a writing which shall be delivered

to such public utility, and such public utility, its successors and assigns, may enter

upon the lands which comprised such street prior to its vacation, for the purpose

of maintaining, repairing, renewing, or removing any such property. (F) If any municipal corporation, or its duly authorized agency, as a part of or in connection

with any plan, plan of a project or projects initiated or undertaken in accordance

with Chapter 1728. of the Revised Code, determines that any property owned or used

by any public utility as defined in section 4905.02 of the Revised Code , or owned or used by any public utility subject to regulation, supervision, or control

by a federal regulatory body, in furnishing any commodity or service which it is authorized

by law to furnish, which is located in, on, along, over, or under any street, shall

be removed, relocated, rearranged, changed, reconstructed, or abandoned, the cost

and expense of the removal, relocation, rearrangement, change, reconstruction, or

abandonment of such property, including the cost of installing, reconstructing, and

replacing such property in a new location or locations and the cost of any lands or

any rights or interest in lands and any other rights acquired to accomplish such removal,

relocation, rearrangement, change, reconstruction, or replacement of such property

shall be paid by the municipal corporation or its duly authorized agency as a part

of the cost of making land available for use by a community urban redevelopment corporation.  In case of the relocation of any such property the public utility using the same,

its successors and assigns, may maintain and operate such property, with the necessary

appurtenances, in the new locations for as long a period and upon the same terms and

conditions as it had a right to maintain and operate such property in its former location.