OHIO Revised Code 4955.36 (1999)
Every railroad company is required to destroy or
remove plants, trees, brush, or other obstructive vegetation upon its
right-of-way at each intersection with a public road or highway, for
a distance of six hundred feet or a reasonably safe distance from the
roadway of the public road as shall be determined by the Public Utilities
Commission.
Whenever any railroad fails to destroy or remove such vegetation after 10 day
written notice served on its local agent, the Commission, Board of County Commissioners,
Board of Township Trustees, or legislative authority of a municipal corporation,
in which the intersection is located, having the care of such road or highway,
shall remove such plants, trees, brush, or other obstructive vegetation and shall
recover the cost of removal from the responsible railroad company.
If the railroad company fails to pay the amount demanded with 30 days after notification
by certified mail, the Commission, Board of County Commissioners, Board of Township
Trustees, or legislative authority of a municipal corporation shall certify the
amount demanded to the county auditor to be collected as other taxes and assessments
and upon collection shall be credited to the general fund of the public body
causing the work to be performed.
Q. When gates and lights are installed at a dangerous
crossing, do the railroads pay for the equipment and installation
since they own the tracks?
A. No. Taxpayer dollars (federal/state) for the most part pay for the safety
devices. Even though the average upgrade project costs approximately $150,000,
and federal/state taxpayer funds are used, there is no competitive bidding process.
The railroads submit a cost breakdown (material, labor, plus additives) and states
pay. There is no agency making sure we as taxpayers are getting the best for
our tax dollars.
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