Ohio § 6121.19

§ 6121.19.

When the Ohio water development authority finds it necessary to change the location

of any portion of any public road, state highway, railroad, or public utility facility

in connection with the construction of a water development project, it shall cause

the same to be reconstructed at such location as the division of government having

jurisdiction over such road, highway, railroad, or public utility facility deems most

favorable.  Such construction shall be of substantially the same type and in as good condition

as the original road, highway, railroad, or public utility facility.  The cost of such reconstruction, relocation, or removal and any damage incurred

in changing the location of any such road, highway, railroad, or public utility facility

shall be paid by the authority as a part of the cost of such water development project. When the authority finds it necessary that any public highway or portion thereof be

vacated by reason of the acquisition or construction of a water development project,

the authority may request the director of transportation, in writing, to vacate such

highway or portion thereof in accordance with section 5511.07 of the Revised Code if the highway or portion thereof to be vacated is on the state highway system, or,

if the highway or portion thereof to be vacated is under the jurisdiction of the county

commissioners, the authority shall request the director, in writing, to petition the

county commissioners, in the manner provided in section 5553.041 of the Revised Code , to vacate such highway or portion thereof.  The authority shall pay to the director or to the county, as the case may be, as

a part of the cost of such water development project, any amounts required to be deposited

with any court in connection with proceedings for the determination of compensation

and damages and all amounts of compensation and damages finally determined to be payable

as a result of such vacation. The authority may make reasonable regulations for the installation, construction,

maintenance, repair, renewal, relocation, and removal of railroad or public utility

facilities in, on, over, or under any water development project.  Whenever the authority determines that it is necessary that any such facilities

installed or constructed in, on, over, or under property of the authority pursuant

to such regulations be relocated, the public utility owning or operating such facilities

shall relocate or remove them in accordance with the order of the authority.  The cost and expenses of such relocation or removal, including the cost of installing

such facilities in a new location, the cost of any lands, or any rights or interests

in lands, and any other rights, acquired to accomplish such relocation or removal,

may be paid by the authority as a part of the cost of such water development project.  In case of any such relocation or removal of facilities, the railroad or public

utility owning or operating them, its successors, or assigns may maintain and operate

such facilities, with the necessary appurtenances, in the new location in, on, over,

or under the property of the authority for as long a period and upon the same terms

as it had the right to maintain and operate such facilities in their former location.