Ohio § 5515.02

§ 5515.02.

(A) As used in this section,“road” or “highway” has the same meaning as in section 5501.01 of the Revised Code and also includes any part of the right-of-way. (B) All individuals, firms, and corporations using or occupying any part of a road or

highway on the state highway system with telegraph or telephone lines, steam, electrical,

or industrial railways, oil, gas, water, or other pipes, mains, conduits, or any object

or structure, other than by virtue of a franchise or permit granted and in force,

shall remove from the bounds of the road or highway, their poles and wires connected

therewith, and any tracks, switches, spurs, or oil, gas, water, or other pipes, mains,

conduits, or other objects or structures, when in the opinion of the director of transportation

they constitute obstructions, or they interfere or may interfere with the contemplated

construction, reconstruction, improvement, maintenance, repair, or use by the traveling

public of the roads or highways. (C) All individuals, firms, or corporations so occupying any road or highway on the state

highway system, under and by virtue of a franchise or permit granted and in force,

shall relocate their properties and all parts thereof within the bounds of the road

or highway when in the opinion of the director they constitute obstructions, or they

interfere with or may interfere with the contemplated construction, reconstruction,

improvement, maintenance, repair, or use of the road or highway.  The relocation within the bounds of the road or highway shall be in the manner and

to the extent prescribed by the director. (D) If, in the opinion of the director, such individuals, firms, or corporations have

obstructed any road or highway on the state highway system, or if any of their properties

are so located that they do or may interfere with the contemplated construction, reconstruction,

improvement, maintenance, repair, or use of the road or highway, the director shall

notify such individual, firm, or corporation directing the removal of the obstruction

or properties, or the relocation of the properties.  If the individual, firm, or corporation does not within five days from the service

of the notice proceed to remove or relocate the obstruction or properties and complete

the removal or relocation within a reasonable time, the director may remove or relocate

the same by employing the necessary labor, tools, and equipment.  Any notice required under this section shall be made by personal service, certified

mail, or express mail. (E) If, in the director's opinion, the obstruction or properties present an immediate

and serious threat to the safety of the traveling public, the director may remove

or relocate the obstruction or properties without prior notice. (F) When the director performs a removal or relocation under this section, the costs

and expenses shall be paid by the director out of any appropriation of the department

of transportation available for the establishment, construction, reconstruction, improvement,

maintenance, or repair of highways, and the amount thereof shall be certified to the

attorney general for collection by civil action. (G) No person shall knowingly fail to remove or relocate an obstruction or property when

required to do so under this section.