Ohio § 4981.29

§ 4981.29.

(A) In addition to the powers contained in section 4981.14 of the Revised Code , the Ohio rail development commission may do all of the following: (1) Notwithstanding division (A) of section 4981.04 of the Revised Code , adopt a plan for private participation in the financing, design, construction, and

operation of all or part of a rail system; (2) Grant franchises for terms of up to fifty years and enter into franchise agreements

with private corporations or organizations in connection therewith.  A franchise may be awarded for the entire rail system or for a designated portion

of the system, such as a corridor. (3) Use, close, relocate, or alter the grade of existing streets or highways or facilities

of public utilities, and otherwise ensure compatibility of operation of public facilities

with a franchise, whether in connection with the exercise of the commission's power

to appropriate property or otherwise; (4) Consult with and receive services from other state agencies and political subdivisions

in connection with the planning, financing, construction, and operation of the rail

system; (5) In accordance with Chapter 163. of the Revised Code, and subject to the approval

of the director of transportation, appropriate at a franchisee's expense real property

that it may transfer to the franchisee, if the franchisee previously has made reasonable

efforts to obtain the property in question through good-faith negotiations; (6) Make proceeds of bonds issued pursuant to section 4981.15 of the Revised Code available for financing of all or part of a privately operated rail system, and serve

as the issuer of bonds to fund loans it may make to private corporations and organizations

under sections 4981.01 to 4981.26 of the Revised Code ; (7) Preserve and defend the confidentiality of trade secrets and proprietary information

received from private corporations or organizations; (8) Enter into any indemnification agreements that are necessary to reimburse a franchisee

for any injuries or losses suffered by any person and for which the franchisee is

liable and must pay money damages, if the injuries or losses are of such a nature

that, if the commission were the responsible party instead of the franchisee, the

commission would not be liable for the injuries or losses due to any immunity it enjoys

under the laws of this state. (B) The commission shall not regulate the rates or fares charged by a franchisee or the

return on investment received by a franchisee, provided the rates are not discriminatory

and overall return is not unreasonable.  The commission shall not regulate operations of a franchisee so long as the franchisee

operates in accordance with all applicable safety standards.