Ohio § 4957.18

§ 4957.18.

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 by 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.