Ohio § 5561.04

§ 5561.04.

The board of county commissioners, desiring to proceed under sections 4957.06 and 5561.01 to 5561.15 of the Revised Code , shall, after receipt of the certificate of necessity and expediency from the director

of transportation, as provided in section 5561.03 of the Revised Code , hold a public hearing as to the expediency of constructing such improvement, notice

of which shall be given by publication in a newspaper of general circulation in the

county, for two weeks prior to the date set for such hearing or as provided in section 7.16 of the Revised Code , and shall be served upon the railroad or interurban railway companies in the manner

for the service of summons in civil actions, not less than twenty days prior to the

date of such hearing. The board, after such hearing and for the purpose of making or causing such an improvement

to be made, may, by resolution adopted by unanimous vote, require the railroad company,

in co-operation with the county engineer or any engineer designated by the board,

to prepare and submit to the board within six months, unless longer time is mutually

agreed upon in writing, plans and specifications for such improvements, specifying

the number, character, and location of all piers and supports which are to be permanently

placed in any road or highway, specifying the grades to be established for the roads

and the height, character, and estimated cost of any viaduct or way above or below

any railroad track, and the change of grade required to be made of such tracks including

side tracks and switches.  But in changing the grade of any railroad, no grade shall be required in excess

of that adopted by the railroad company for its construction work on that division

or part of the railroad on which the improvement is to be made, without the consent

of the railroad company, nor shall the railroad company's tracks be required to be

placed below high-water mark. Such resolution shall be published in the same manner as resolutions of the legislative

authority of a municipal corporation declaring the necessity of a contemplated public

improvement, and shall be served by the sheriff upon the railroad or interurban railway

companies in the manner provided for the service of summons in civil actions.  If the proposed public improvement is to be made within a municipal corporation,

notice of the passage of the same shall be served upon the municipal corporation by

delivering to the clerk of the village or legislative authority of a city a true copy

thereof. If, at the expiration of six months from the passage of such resolution, the railroad

company has refused or failed to co-operate 1 in the preparation of such plans and specifications, or if the county engineer or

engineer designated by the board and the railroad company fail to agree upon the plans

and specification of such improvement, then either the railroad company or the county

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

made to the court of common pleas of such county.  Either the county or company, after the expiration of six months from the passage

of the resolution, may apply to such court by petition, accompanied by the necessary

plans prepared by the county or railroad company, covering the grade crossing proposed

to be abolished.  Such plans must show the grades to be established for such roads or highways, the

changes to be made in the location of roads or highways, the height, character, and

estimated cost of any viaduct or way above or below the railroad tracks, the number,

character, and location of piers, abutments, or supports to be permanently located

in the roads or highways, and the change of grade to be made in any railroad tracks,

including sidetracks and switches. 1

 Prior and current versions differ;  although no amendment to this language was indicated

in 2011 H 153, “co-operate” appeared as “cooperate” in 1973 H 200.