Ohio § 4957.31

§ 4957.31.

The petition referred to in section 4957.30 of the Revised Code shall set forth the reasons that are supposed to make such change or alteration necessary

or desirable.  The court of common pleas thereupon shall have the jurisdiction of the parties and

the subject matter of the petition, and may proceed to examine the matter, either

by evidence, by reference to a master commissioner, or otherwise.  If satisfied that such construction is reasonably required to accommodate the public,

or to avoid excessive expense, in view of the small amount of traffic on the highway

or railroad, and considering the future uses to which the highway may be adapted,

or in view of the difficulties of other methods of construction, or for other good

and sufficient reasons, the court shall make an order permitting such crossing at

a grade or diversion to be established.  In such order, the court may prescribe that gates, signals, watchmen, or other safeguards

shall be maintained by the railroad company, in addition to the signals and safeguards

prescribed by law, and all such orders shall be binding upon the parties and be observed

by them. All costs and expenses of the proceedings shall be ascertained and allowed by the

court of common pleas and be paid by such party as it decides, or apportioned by the

court between the parties, and may be collected by execution out of such court.