Ohio § 5523.05

§ 5523.05.

If at the expiration of three months from the time of the entering of the finding

and determination for the proposed grade crossing improvement by the director of transportation

the railroad companies involved and the director have refused, failed, or neglected

to agree upon the necessity of the improvement, or upon the plans, specifications,

and estimates covering the proposed project, the companies involved or the director

may submit the matter of determining the method by which the improvement shall be

made, and plans, specifications, and estimates covering the same, to the court of

common pleas of the county in which the crossing is located.  The companies involved or the director, after the expiration of three months from

the entering of the finding and determination for the proposed improvement by the

director, may apply to such court by petition setting out a method of accomplishing

the proposed improvement, accompanied with the plans, specifications, and estimates

covering the same.  Such plans, specifications, and estimates must show the grades to be established

for and the changes to be made in the location of the highway or extension, the height,

character, and estimated cost of any structure or way above or below the railroad

tracks, the number, character, and location of piers, abutments, or supports to be

permanently located within the bounds of the highway or extension, and the change

of grade to be made in any railroad tracks including sidetracks and switches.