Ohio § 723.431

§ 723.431.

At the time of or subsequent to the adoption by the legislative authority of a municipal

corporation of a resolution declaring it necessary to improve, pave, repave, surface,

or resurface a street or other public thoroughfare, in which are located rails, ties,

roadbed, or tracks owned or operated by a street railway company which have become

worn out or defective, such legislative authority may by resolution declare the necessity

of requiring such company, at the time the street or thoroughfare is torn up for such

improvement to remove, renew, replace, repair, or reconstruct the rails, ties, roadbed,

and tracks therein in accordance with the plans and specifications prepared by the

engineer of such municipal corporation.  Such plans and specifications, together with the engineer's estimate of the cost

shall be on file and open to public inspection in the office of the clerk of the legislative

authority. A certified copy of such resolution, together with a written notice setting forth

the time in which the company may file objections shall be sent to the company by

certified mail.  Such objections shall be heard by the legislative authority at the next regular

meeting and the decision of the legislative authority shall be final. If such objections are filed, and after holding such hearing, the legislative authority

may, by ordinance, order and require that at the time at which the street or other

public thoroughfare is torn up for such improvement, paving, repaving, surfacing,

or resurfacing, the company owning or operating such rails, ties, roadbed, and tracks

shall renew, replace, reconstruct, or repair them in accordance with the plans and

specifications.  Any modifications or corrections thereof that are made by the legislative authority

and a certified copy of such ordinance shall be sent to such company by certified

mail.