Ohio § 5535.15

§ 5535.15.

(A) The board of county commissioners, board of township trustees, or legislative authority

of a municipal corporation may maintain, repair, construct, reconstruct, improve,

or widen any section of a road under the control of the state or another political

subdivision if all of the following apply: (1) The county, township, or municipal corporation proposing the project declares to

the state or political subdivision the reasonable necessity of the construction or

improvement.  The declaration shall be by resolution or ordinance.  A certified copy shall be sent to the director of transportation when a state highway

is the subject of the proposal and to the affected political subdivision when any

other highway is the subject of the proposal. (2) The documents, plans, reports, or other materials relating to the project comply

with applicable design development criteria of the department of transportation and

the federal highway administration, which compliance is determined by the director

in the manner provided in section 5521.13 of the Revised Code ; (3) The county, township, or municipal corporation proposing the project certifies to

the state or political subdivision, in the resolution or ordinance required by division

(A)(1) of this section, that all funds necessary to complete the project are available

either privately or from the county, township, or municipal corporation proposing

the project. The county, township, or municipal corporation proposing the project may acquire by

gift, purchase, condemnation, or otherwise, any lands required for the construction

or improvement. (B) Upon compliance with the requirements of division (A) of this section, the county,

township, or municipal corporation proposing the project may proceed only with the

consent of the department.  The state or other political subdivision having control over the road may contribute

to the cost of the construction or improvement. (C) Any person may appeal an action taken by a county, township, or municipal corporation

under this section.  The appeal may be taken to the probate court or the court of common pleas of any

county in which any part of the construction or improvement is located, and shall

be limited to a determination of compliance with division (A) of this section. (D) After completion of the project, the state or political subdivision having control

of the road shall repair and maintain it if the project is accepted by the state or

political subdivision.  Upon such acceptance, the county, township, or municipal corporation constructing

or improving the road under this section may contribute to the cost of repair and

maintenance of the road.  If the project is not accepted by the state or political subdivision having control

of the road, the county, township, or municipal corporation constructing or improving

the road shall repair and maintain it.