As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 295 5
1999-2000 6
SENATOR OELSLAGER 8
_________________________________________________________________ 10
A B I L L
To amend sections 129.42, 4582.10, 4582.21, 4582.35, 12
5501.20, 5501.31, 5501.32, 5501.34, 5501.45, 13
5501.50, 5511.01, 5511.07, 5515.02, 5515.04, 14
5521.01, 5525.14, and 5529.03, to enact section 15
5525.23, and to repeal sections 4582.07, 4582.08,
4582.09, 4582.32, 4582.33, 4582.34, and 5501.37 16
of the Revised Code to revise the law governing 17
Department of Transportation construction
contracts, to revise the sale and acquisition of 18
property by the Department of Transportation, to 20
make other changes in the law governing the
Department of Transportation, and to repeal 21
requirements for a port authority to have a plan 22
for future development.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 129.42, 4582.10, 4582.21, 26
4582.35, 5501.20, 5501.31, 5501.32, 5501.34, 5501.45, 5501.50, 27
5511.01, 5511.07, 5515.02, 5515.04, 5521.01, 5525.14, and 5529.03 28
be amended and section 5525.23 of the Revised Code be enacted to 29
read as follows: 30
Sec. 129.42. All moneys received from the sale of any 39
certificates of obligation issued pursuant to section 129.41 of 40
the Revised Code, and all moneys required by the terms of 41
agreements under section 5501.36 of the Revised Code to be paid 42
by the director of transportation to the commissioners of the 43
sinking fund shall be paid into a special fund hereby designated 44
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as "special highway acquisition fund .........." (designation to 45
be provided) and said special fund shall be applied solely to the 46
payment of the cost of acquiring real property as provided in 47
section 5501.36 of the Revised Code or to the payment of 48
principal and interest of said certificates of obligation. There 49
shall be a separate such special fund for each issue of 50
certificates of obligation. There is hereby created a lien upon 51
each such fund and such real property in favor of holders of such 52
certificates of obligation. Moneys in any such special fund may 53
be invested in direct obligations of the United States government 54
prior to the anticipated need for such moneys and the 55
commissioners shall be guided in the investment of such moneys by 56
the instructions of the director. 57
The clerk of the commissioners of the sinking fund shall be 59
paid from the several respective special highway acquisition 60
funds, suitable compensation in addition to that prescribed by 61
section 129.01 of the Revised Code. All the other expenses of 62
the commissioners of the sinking fund in connection with this 63
section and sections 129.41, 5501.36, 5501.37, and 5501.38 of the 64
Revised Code, not otherwise provided for, shall be paid from the 65
appropriate special highway acquisition fund. 66
Out of the proceeds of sale of an issue of certificates of 68
obligation issued pursuant to section 129.41 of the Revised Code, 69
or from the additional consideration running from the director to 70
the commissioners of the sinking fund under an agreement 71
contemplated by section 5501.36 of the Revised Code, or from 72
both, there shall be set aside into a certificate of obligation 73
redemption account in the said special fund the sum required to 74
pay interest coming due during the life of said certificates of 75
obligation in the then current biennium, which amount shall be 76
used only for that purpose. In the event an issue of 77
certificates of obligation is renewed for a biennium beyond the 78
biennium of original issue, the agreement securing said renewal 79
issue shall provide in like manner for the setting aside of the 80
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sum to pay interest coming due in the then current biennium to 81
the extent that such amounts are not otherwise provided for in 82
said account. As provided in section 5501.36 of the Revised 83
Code, direct obligations of the United States government may be 84
substituted in whole or in part for the sum or sums otherwise 85
required under this section. Such agreements under section 86
5501.36 of the Revised Code shall define the circumstances under 87
which moneys to be paid by the director to the commissioners of 88
the sinking fund as purchase price must be paid into the 89
appropriate special fund, with restrictions on its use to acquire 90
additional real property thereunder, so as to avoid any 91
possibility of default in the payment of interest on certificates 92
of obligation or in the payment of principal thereof at maturity 93
or prior redemption. 94
In a single biennium, more than one issue of certificates 96
of obligation may be authorized and secured by a single agreement 97
and supplements thereto under section 5501.36 of the Revised Code 98
notwithstanding that such certificates of obligation may be 99
issued, sold, and delivered at different times, with different 100
dates and bearing different rates of interest. 101
Sec. 4582.10. The port authority shall foster and 110
encourage the participation of private enterprise in the 111
development of port authority facilities to the fullest extent it 112
considers practicable in the interest of limiting the necessity 113
of construction and operation of such facilities by the port 114
authority. For this purpose the port authority shall upon a 115
written request by any person, partnership, or corporation, filed 116
with the secretary of the board of directors within thirty days 117
following the journalization of the order of the adoption of an 118
official plan as provided in sections 4582.07 and 4582.08 of the 119
Revised Code, submit a proposal to provide, operate, and maintain 120
any facility included in such plan, by publication of and 121
invitation for bids therefor based upon specifications prepared 122
by the board of directors. 123
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The board of directors may accept, subject to section 125
123.151 of the Revised Code, the bid of the person, partnership, 126
or corporation it considers best qualified by financial 127
responsibility and business experience to construct and operate 128
such facility or facilities in accordance with its official plan. 129
Sec. 4582.21. As used in sections 4582.22 to 4582.59 of 139
the Revised Code: 140
(A) "Port authority" means a body corporate and politic 142
created pursuant to authority of section 4582.22 of the Revised 143
Code. A port authority created pursuant to section 4582.22 of 144
the Revised Code need not be adjacent to, connected with, or have 145
located within its jurisdiction a body of water. 146
(B) "Submerged lands" means the lands presently underlying 148
the waters of Lake Erie or formerly underlying the waters of Lake 149
Erie and now artificially filled between the natural shoreline 150
and the harbor line or the line of commercial navigation where no 151
harbor line has been established. 152
(C) "Uplands" means lands contiguous to or fronting upon 154
any submerged lands in this state. 155
(D) Unless otherwise defined, "publication" means 157
publication once a week on the same day of the week for three 158
consecutive weeks in a newspaper of general circulation in the 159
county or counties wherein such publication is required to be 160
made. Publication shall be complete on the date of the last 161
publication. 162
(E) "Aviation facilities" means any facilities used, 164
available for use, or designed for use for the safe navigation, 165
landing or taking off of aircraft; for the safety, storage, 166
maintenance and repair of aircraft; for the comfort and 167
accommodations of the users of air transportation, including 168
persons, cargo, mail, and other property, and for the safe and 169
efficient operation and maintenance of airports and any care of 170
such facilities. 171
(F) "Governmental agency" means a department, division, or 173
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other unit of state government, a municipal corporation, county, 174
township, or other political subdivision, or any other public 175
corporation or agency having the power to acquire, construct, or 176
operate port authority facilities, the United States or any 177
agency thereof, and any agency, commission, or authority 178
established pursuant to an interstate compact or agreement. 179
(G) "Person" means any individual, firm, partnership, 181
association, or corporation, or any combination thereof. 182
(H) "Port authority facility" or "facility" means any 184
commercial, industrial, distribution, residential, recreational, 185
or research facility located within the jurisdiction of the port 186
authority, including, but not limited to, aviation facilities, 187
marinas, water ports, trucking terminals, railroad terminals, 188
warehouses, wharves, piers, docks, or transportation equipment, 189
together with all real and personal property, property rights, 190
easements, and interests that may be appropriate for the 191
operation of the facility. As used in division (H) of section 192
4582.33, and sections 4582.50 and 4582.52 of the Revised Code, 193
"port authority facility" or "facility" does not include 194
residential facilities. 195
(I) "Cost" as applied to a port authority facility means 197
the cost of acquisition and construction of such facility, and 198
the cost of acquistion ACQUISITION of all land, rights-of-way, 199
property rights, easements, franchise rights, and interests 200
required for such acquisition and construction, the cost of 201
demolishing or removing any buildings or structures on land so 202
acquired, including the cost of acquiring any lands to which such 203
buildings or structures may be moved, the cost of acquiring or 204
constructing and equipping a principal office of the port 205
authority, the cost of diverting highways, interchange of 206
highways, access roads to private property, including the cost of 207
land or easements for such access roads, the cost of public 208
utility and common carrier relocation or duplication, the cost of 209
all machinery, furnishings, and equipment, financing charges, 210
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interest prior to and during construction and for no more than 211
eighteen months after completion of construction, engineering, 212
expenses of research and development with respect to port 213
authority facilities, legal expenses, plans, specifications, 214
surveys, studies, estimates of cost and revenues, working 215
capital, other expenses necessary or incident to determining the 216
feasibility or practicability of acquiring or construction such 217
facility, administrative expense, and such other expenses as may 218
be necessary or incident to the acquisition or construction of 219
the facility, the financing of such acquisition or construction, 220
including the amount authorized in the resolution of the port 221
authority providing for the issuance of port authority revenue 222
bonds to be paid into any special funds from the proceeds of such 223
bonds and the financing of the placing of such facility in 224
operation. Any obligation, cost, or expense incurred by any 225
governmental agency or person for surveys, borings, preparation 226
of plans and specifications, and other engineering services, or 227
any other cost described above, in connection with the 228
acquisition or construction of a facility may be regarded as part 229
of the cost of such facility and may be reimbursed out of the 230
proceeds of port authority revenue bonds as authorized by this 231
chapter. 232
(J) "Owner" includes a person having any title or interest 234
in any property, rights, easements, or interests authorized to be 235
acquired by sections 4582.21 to 4582.59 of the Revised Code. 236
(K) "Revenues" means all rentals and other charges 238
received by the port authority for the use or services of any 239
port authority facility, any gift or grant received with respect 240
to any port authority facility, any moneys received with respect 241
to the lease, sublease, sale, including installment sale or 242
conditional sale, or other disposition of a port authority 243
facility, moneys received in repayment of and for interest on any 244
loans made by the port authority to a person or governmental 245
agency, whether from the United States or any department, 246
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administration, or agency thereof, or otherwise, proceeds of such 247
port authority revenue bonds to the extent the use thereof for 248
payment of principal or of premium, if any, or interest on the 249
bonds is authorized by the port authority, proceeds from any 250
insurance, condemnation, or guaranty pertaining to a facility or 251
property mortgaged to secure bonds or pertaining to the financing 252
of the facility, and income and profit from the investment of the 253
proceeds of port authority revenue bonds or of any revenues. 254
(L) "Public roads" includes all public highways, roads, 256
and streets in the state, whether maintained by the state, 257
county, city, township, or other political subdivision. 258
(M) "Construction," unless the context indicates a 260
different meaning or intent, includes reconstruction, 261
enlargement, improvement, or providing furnishings or equipment. 262
(N) "Port authority revenue bonds," unless the context 264
indicates a different meaning or intent, includes port authority 265
revenue notes, port authority revenue renewal notes, and port 266
authority revenue refunding bonds, except that notes issued in 267
anticipation of the issuance of bonds shall have a maximum 268
maturity of five years as provided in section 4582.48 of the 269
Revised Code and notes or renewal notes issued as the definitive 270
obligation may be issued maturing at such time or times with a 271
maximum maturity of forty years from the date of issuance of the 272
original note. 273
Sec. 4582.35. The port authority shall foster and 282
encourage the participation of private enterprise in the 283
development of the port facilities to the fullest extent it deems 284
CONSIDERS practicable in the interest of limiting the necessity 286
of construction and operation of such facilities by the port 287
authority. For this purpose the port authority shall, upon a 288
written request by any person, partnership, or corporation, filed 289
with the secretary of the board of directors within thirty days 290
following the journalization of the order of the adoption of an 291
official plan as provided in sections 4582.32 and 4582.33 of the 292
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Revised Code, submit a proposal to provide, operate, and maintain 293
any facility included in the plan, by publication of and 294
invitation for bids therefor based upon specifications prepared 295
by the board of directors. 296
The board of directors may accept the bid of the person, 298
partnership, or corporation it deems best qualified by financial 299
responsibility and business experience to construct and operate 300
the facility or facilities in accordance with its official plan. 301
Sec. 5501.20. (A) As used in this section: 310
(1) "Career professional service" means that part of the 312
competitive classified service that consists of employees of the 313
department of transportation who, regardless of job 314
classification, meet both of the following qualifications: 315
(a) They are supervisors, professional employees who are 317
not in a collective bargaining unit, confidential employees, or 319
management level employees, all as defined in section 4117.01 of 320
the Revised Code.
(b) They exercise authority that is not merely routine or 323
clerical in nature and report only to a higher level unclassified 324
employee or employee in the career professional service. 325
(2) "Demoted" means that an employee is placed in a 327
position where the employee's wage rate equals, or is not more 328
than twenty per cent less than, the employee's wage rate 329
immediately prior to demotion or where the employee's job 330
responsibilities are reduced, or both.
(3) "Employee in the career professional service with 332
restoration rights" means an employee in the career professional 334
service who has been in the classified civil service for at least 335
two years and who has a cumulative total of at least ten years of 336
continuous service with the department of transportation. 337
(B) Not later than the first day of July of each 340
odd-numbered year, the director of transportation shall adopt a 341
rule in accordance with section 111.15 of the Revised Code that 343
establishes a business plan for the department of transportation 344
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that states the department's mission, business objectives, and 345
strategies and that establishes a procedure by which employees in 346
the career professional service will be held accountable for 347
their performance. The director shall adopt a rule that 348
establishes a business plan for the department only once in each 349
two years. Within sixty days after the effective date of a rule 351
that establishes a business plan for the department, the director
shall adopt a rule in accordance with section 111.15 of the 353
Revised Code that identifies specific positions within the 354
department of transportation that are included in the career 355
professional service. The director may amend the rule that 356
identifies the specific positions included in the career
professional service only within sixty days after WHENEVER the 357
director adopts a rule that establishes a business plan for the 358
department DETERMINES NECESSARY. Any rule adopted under this 360
division is subject to review and invalidation by the joint 361
committee on agency rule review as provided in division (D) of 363
section 111.15 of the Revised Code. The director shall provide a 364
copy of any rule adopted under this division to the director of 366
budget and management. 367
Except as otherwise provided in this section, an employee 370
in the career professional service is subject to the provisions 371
of Chapter 124. of the Revised Code that govern employees in the 373
classified civil service.
(C) After an employee is appointed to a position in the 376
career professional service, the employee's direct supervisor
shall provide the employee appointed to that position with a 378
written performance action plan that describes the department's 379
expectations for that employee in fulfilling the mission, 380
business objectives, and strategies stated in the department's
business plan. No sooner than four months after being appointed 381
to a position in the career professional service, an employee 383
appointed to that position shall receive a written performance 384
review based on the employee's fulfillment of the mission, 385
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business objectives, and strategies stated in the department's 386
business plan. After the initial performance review, the 387
employee shall receive a written performance review at least once 388
each year or as often as the director considers necessary. The 389
department shall give an employee whose performance is 391
unsatisfactory an opportunity to improve performance for a period 392
of at least six months, by means of a written corrective action 393
plan, before the department takes any disciplinary action under 394
this section or section 124.34 of the Revised Code. The 395
department shall base its performance review forms on its 396
business plan.
(D) An employee in the career professional service may be 399
suspended, demoted, or removed because of performance that 400
hinders or restricts the fulfillment of the department's business 401
plan or for disciplinary reasons under section 124.34 or 124.57 402
of the Revised Code. An employee in the career professional 403
service may appeal only the employee's removal to the state 404
personnel board of review. An employee in the career 407
professional service may appeal a demotion or a suspension of 408
more than three days pursuant to rules the director adopts in 409
accordance with section 111.15 of the Revised Code. 411
(E) An employee in the career professional service with 414
restoration rights has restoration rights if demoted because of 415
performance that hinders or restricts fulfillment of the mission, 416
business objectives, or strategies stated in the department's 417
business plan, but not if involuntarily demoted or removed for 418
any of the reasons described in section 124.34 or for a violation 419
of 124.57 of the Revised Code. The director shall demote an 421
employee who has restoration rights of that nature to a position 423
in the classified service that in the director's judgment is
similar in nature to the position the employee held immediately 425
prior to being appointed to the position in the career
professional service. The director shall assign to an employee 426
who is demoted to a position in the classified service as 428
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provided in this division a wage rate that equals, or that is not 429
more than twenty per cent less than, the wage rate assigned to 430
the employee in the career professional service immediately prior 431
to the employee's demotion.
(F) This section establishes a pilot program for employees 434
in the career professional service of the department of 435
transportation. At the end of each fiscal biennium that this 436
program is in effect, the director of transportation shall 438
prepare a report describing and evaluating the operation of the 439
program and forward a copy of the report to the governor, 440
director of administrative services, speaker of the house of 441
representatives, and president of the senate.
(G) No person shall be appointed to a position in the 443
career professional service of the Department of Transportation 444
after June 30, 2003, including for the purpose of filling a 445
vacancy within the career professional service that occurs for 446
any reason.
Sec. 5501.31. The director of transportation shall have 455
general supervision of all roads comprising the state highway 456
system. The director may alter, widen, straighten, realign, 457
relocate, establish, construct, reconstruct, improve, maintain, 459
repair, and preserve any road or highway on the state highway 460
system, and, in connection therewith, relocate, alter, widen, 461
deepen, clean out, or straighten the channel of any watercourse 462
as the director considers necessary, and purchase or appropriate 464
property for the disposal of surplus materials or borrow pits, 465
and, where an established road has been relocated, establish, 466
construct, and maintain such connecting roads between the old and 467
new location as will provide reasonable access thereto. 468
The director may purchase or appropriate property necessary 470
for the location or construction of any culvert, bridge, or 471
viaduct, or the approaches thereto, including any property needed 472
to extend, widen, or alter any feeder or outlet road, street, or 473
way adjacent to or under the bridge or viaduct when the 474
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extension, widening, or alteration of the feeder road, street, or 475
way is necessary for the full utilization of the bridge or 476
viaduct, or for any other highway improvement. The director also 477
may purchase or appropriate, for such length of time as is 478
necessary and desirable, any additional property required for the 479
construction and maintenance of slopes, detour roads, sewers, 480
roadside parks, rest areas, recreational park areas, PARK AND 481
RIDE FACILITIES, PARK AND CARPOOL OR VANPOOL FACILITIES, 482
BIKEWAYS, BICYCLE PATHS, scenic view areas, drainage systems, or 484
land to replace wetlands incident to any highway improvement, 485
that the director is or may be authorized to locate or construct. 487
Title to property purchased or appropriated by the director shall 488
be taken in the name of the state either in fee simple or in any 489
lesser estate or interest that the director considers necessary 490
or proper, in accordance with forms to be prescribed by the 491
attorney general. The deed shall contain a description of the 492
property and be recorded in the county where the property is 493
situated and, when recorded, shall be kept on file in the 494
department of transportation.
Provided that when property, other than property used by a 496
railroad for operating purposes, is acquired in connection with 497
improvements involving projects affecting railroads wherein the 498
department is obligated to acquire property under grade 500
separation statutes, or on other improvements wherein the 501
department is obligated to acquire lands under agreements with 502
railroads, or with a public utility, political subdivision,
public corporation, or private corporation owning transportation 504
facilities for the readjustment, relocation, or improvement of 506
their facilities, a fee simple title or an easement may be 508
acquired by purchase or appropriation in the name of the 509
railroad, public utility, political subdivision, public 510
corporation, or private corporation in the discretion of the 511
director. When the title to lands, which are required to adjust, 512
relocate, or improve such facilities pursuant to agreements with 514
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the director, is taken in the name of the state, the lands THEN, 515
in the discretion of the director, THE TITLE TO SUCH LANDS may be 516
conveyed in fee simple or the right acquired to the railroad, 518
public utility, political subdivision, or public corporation for 520
which they were acquired. The conveyance shall be prepared by 521
the attorney general and executed by the governor and bear the 522
great seal of the state of Ohio.
The director, in the maintenance or repair of state 524
highways, is not limited to the use of the materials with which 525
the highways, including the bridges and culverts thereon, were 526
originally constructed, but may use any material that is proper 528
or suitable. The director may aid any board of county 529
commissioners in establishing, creating, and repairing suitable 530
systems of drainage for all highways within the jurisdiction or 531
control of the board and advise with it as to the establishment, 532
construction, improvement, maintenance, and repair of the 533
highways. 534
Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 536
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., 537
and 5535. of the Revised Code do not prohibit the federal 538
government, or any individual or corporation, from contributing a 539
portion of the cost of the establishment, construction, 540
reconstruction, relocating, widening, resurfacing, maintenance, 541
and repair of the highways. 542
Except in the case of maintaining, repairing, erecting 544
traffic signs on, or pavement marking of state highways within 545
villages, which is mandatory as required by section 5521.01 of 546
the Revised Code, and except as provided in section 5501.49 of 547
the Revised Code, no duty of constructing, reconstructing, 548
widening, resurfacing, maintaining, or repairing state highways 549
within municipal corporations, or the bridges and culverts 550
thereon, shall attach to or rest upon the director, but the 551
director may construct, reconstruct, widen, resurface, maintain, 553
and repair the same with or without the cooperation of any 554
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municipal corporation, or with or without the cooperation of 555
boards of county commissioners upon each municipal corporation 556
consenting thereto. 557
Sec. 5501.32. The director of transportation may purchase 566
property in fee simple in the name of the state by warranty deed, 567
and all or any part of a tract of land when the acquisition of a 568
part of the land needed for highway purposes will result in 569
substantial damages to the residue by severance, controlled 570
access, or isolation. The warranty deed shall contain a 571
description of the property suitable for platting on tax maps. 572
Any instrument by which real property is acquired pursuant to 573
this section shall identify the agency of the state that has the 574
use and benefit of the real property as specified in section 575
5301.012 of the Revised Code.
The director, in the name of the state, may sell all the 577
right, title, and interest of the state in any part of land not 578
required for highway purposes, provided the director shall have 579
the parcel of land appraised by a department prequalified 580
appraiser. 581
Except as otherwise provided in this section, the director 583
shall advertise the sale of land not required for highway 585
purposes in a newspaper of general circulation in the county in 586
which the land is situated for at least two consecutive weeks
prior to the date set for the sale. The land may be sold at 588
public auction to the highest bidder for not less than two-thirds 589
of its appraised value, but the director may reject all bids that 590
are less than the full appraised value of the land. 591
If, however, land not required for highway purposes is 593
appraised as having a current fair market value of five thousand 595
dollars or less, the director may sell the land to the sole 596
abutting owner through a private sale at a price not less than 597
its appraised value. If there is more than one abutting owner, 598
the director may invite all of the abutting owners to submit 599
sealed bids and may sell the land to the highest bidder at not 600
15
less than its appraised value.
All expense incurred in the sale of each parcel of land 602
shall be paid out of the proceeds of the sale and the balance 603
shall be deposited in the highway fund from which the purchase 604
was made. 605
The deed to the purchaser of land under this section shall 608
be prepared by the auditor of state, executed by the governor,
countersigned by the secretary of state, and shall bear the great 610
seal of the state.
Sec. 5501.34. (A) In the event that circumstances alter 619
the highway requirements after the director of transportation has 620
purchased and acquired property from the administrator of 621
workers' compensation or retirement board, or otherwise, so that 622
the REAL property, or part thereof, is no longer required for 623
highway purposes, the director, in the name of the state, may 624
sell all the right, title, and interest of the state in any of 625
the real property. As soon as reasonably practical after AFTER 626
determining that any A PARCEL of the real property is no longer 628
required for highway purposes, the director shall have the parcel 630
of land appraised by a department prequalified appraiser. 631
(B) Except as otherwise provided in this section, the 633
director shall advertise the sale OF REAL PROPERTY THAT IS NO 634
LONGER REQUIRED FOR HIGHWAY PURPOSES in a newspaper of general 636
circulation in the county in which the land REAL PROPERTY is 637
situated for at least two consecutive weeks prior to the date set 639
for the sale. The land REAL PROPERTY may be sold at public 640
auction to the highest bidder for not less than two-thirds of its 642
appraised value, but the director may reject all bids that are 643
less than the full appraised value of the land REAL PROPERTY. 644
However, if no sale has been effected after an effort to sell 646
under this paragraph DIVISION, the director may set aside the 647
appraisement APPRAISAL, order a new appraisement APPRAISAL, and, 649
except as otherwise provided in this section, readvertise the 651
property for sale.
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(C) If land not REAL PROPERTY NO LONGER required for 653
highway purposes is appraised or reappraised as having a current 656
fair market value of five TWENTY thousand dollars or less, the 659
director may sell the land REAL PROPERTY to the sole abutting 660
owner through a private sale at a price not less than the 661
appraised value. If there is more than one abutting owner, the 662
director may invite all of the abutting owners to submit sealed 663
bids and may sell the land REAL PROPERTY to the highest bidder at 664
not less than its appraised value. 666
(D) If such land REAL PROPERTY NO LONGER REQUIRED FOR 668
HIGHWAY PURPOSES is APPRAISED OR reappraised as having a fair 669
market value of one TWO thousand dollars or less, and no sale has 671
been effected after an effort to sell to the abutting owner or 673
owners, the director may readvertise and ADVERTISE THE SALE OF 674
SUCH REAL PROPERTY IN ACCORDANCE WITH DIVISION (B) OF THIS 675
SECTION. THE DIRECTOR MAY sell the land at public auction to the 677
highest bidder WITHOUT REGARD TO ITS APPRAISED VALUE, BUT THE
DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE FULL 678
APPRAISED VALUE OF THE REAL PROPERTY. 679
(E) THE DEPARTMENT SHALL PAY ALL EXPENSES INCURRED IN THE 681
SALE OF A PARCEL OF REAL PROPERTY OUT OF THE PROCEEDS OF THE SALE 682
AND SHALL DEPOSIT THE BALANCE OF THE PROCEEDS IN THE HIGHWAY FUND 684
USED TO ACQUIRE THAT PARCEL OF REAL PROPERTY.
(F) UPON A DETERMINATION THAT REAL PROPERTY PREVIOUSLY 686
ACQUIRED WITHIN A HIGHWAY IMPROVEMENT PROJECT CORRIDOR NO LONGER 687
IS NEEDED FOR HIGHWAY PURPOSES, THE DIRECTOR MAY OFFER THE 688
UNNEEDED PROPERTY TO ANOTHER LANDOWNER LOCATED WITHIN THAT 689
PROJECT'S CORRIDOR AS FULL OR PARTIAL CONSIDERATION FOR OTHER 690
REAL PROPERTY TO BE ACQUIRED FROM THE LANDOWNER. IF THE 691
LANDOWNER ACCEPTS THE OFFER, THE DIRECTOR SHALL CONVEY THE 692
UNNEEDED PROPERTY DIRECTLY TO THE LANDOWNER AT THE FULL FAIR 693
MARKET VALUE DETERMINED BY THE DEPARTMENT BY APPRAISAL. THE 694
DIRECTOR SHALL CREDIT THE VALUE OF THE UNNEEDED PROPERTY AGAINST 695
THE ACQUISITION PRICE OF THE PROPERTY BEING ACQUIRED BY THE 696
17
DEPARTMENT, AND THE LANDOWNER SHALL PAY THE DEPARTMENT THE 697
DIFFERENCE IF THE VALUE OF THE UNNEEDED PROPERTY EXCEEDS THE 698
ACQUISITION PRICE OF THE PROPERTY BEING ACQUIRED.
(G) Conveyances of the lands REAL PROPERTY UNDER THIS 700
SECTION shall be by deed executed by the governor, SHALL bear the 702
great seal of the state of Ohio, and shall be in the form as 703
prescribed by the attorney general. Section 5301.13 of the 704
Revised Code, relating to the sale of public lands, shall not 705
apply to conveyances made pursuant to this section. The director 706
shall keep a record of all such conveyances. THIS SECTION 707
APPLIES TO ALL REAL PROPERTY ACQUIRED BY THE DEPARTMENT, 708
REGARDLESS OF HOW OR FROM WHOM THE PROPERTY WAS ACQUIRED.
Sec. 5501.45. (A) The director of transportation may 717
convey or transfer the fee simple estate or any lesser estate or 718
interest in, or permit the use of, for such period as the 719
director shall determine, any lands owned by the state and 720
acquired or used for the state highway system or for highways or 721
in connection with highways or as incidental to the acquisition 722
of land for highways, provided that the director determines, 723
after consulting with the director of natural resources, that the 725
property or interest conveyed or made subject to a permit to use 726
is not needed by the state for highway or recreation purposes. 727
Such conveyance, transfer, or permit to use may be to the grantee 728
or permittee or to the grantee or permittee and the grantee's or 729
its successors and assigns and shall be of such portion of such 731
lands as the director shall determine, which shall be described 732
in the deed, transfer, or other instrument or conveyance and in 733
any permit to use, and may include or be limited to areas or 734
space on, above, or below the surface, and also may include the 735
grant of easements or other interests in any such lands for use 736
by the grantee for buildings or structures or for other uses and 737
purposes, and for the support of buildings or structures 738
constructed or to be constructed on or in the lands or areas or 739
space conveyed or made subject to a permit to use.
18
(B) Whenever pursuant to this section separate units of 741
property are created in any lands, each unit shall for all 742
purposes constitute real property and shall be deemed real estate 743
within the meaning of all provisions of the Revised Code, shall 745
be deemed to be a separate parcel for all purposes of taxation 746
and assessment of real property, and no other unit or other part 747
of such lands shall be charged with the payment of such taxes and 748
assessments.
(C) With respect to any portion of the state highway 750
system not owned in fee simple by the state, the director may 751
permit the use of any portion thereof in perpetuity or for such 752
period of time as the director shall specify, including areas or 753
space on, above, or beneath the surface, together with rights for 755
the support of buildings or structures constructed or to be 756
constructed thereon or therein, provided that the director 757
determines that the portion made subject to a right to use is not 758
needed by the state for highway purposes. 759
(D) The director shall require, as either a condition 761
precedent or a condition subsequent to any conveyance, transfer, 762
or grant or permit to use, that the plans and specifications for 763
all such buildings or structures and the contemplated use 764
thereof, be approved by the director as not interfering with the 765
use of the state highway system and not unduly endangering the 767
public. The director may require such indemnity agreements in 768
favor of the director and the public as shall be lawful and as 769
shall be deemed necessary by the director. The director shall 770
not unreasonably withhold approval of such plans, specifications, 771
and contemplated use.
(E)(1) All such conveyances, transfers, grants, or permits 773
to use that are made to state institutions, agencies, 774
commissions, instrumentalities, political subdivisions, or taxing 775
districts of the state, and institutions receiving financial 776
assistance from the state, shall be upon such consideration as 777
shall be determined by the director to be fair and reasonable, 778
19
without competitive bidding, and sections 5301.13 and 5515.01 of 779
the Revised Code, relating to the sale or use of public lands 780
shall not apply to conveyances, grants, transfers, or permits to 781
use made pursuant to this section DIVISION. AN INSTITUTION 782
RECEIVING FINANCIAL ASSISTANCE FROM THE STATE SHALL PROVIDE THE 783
DIRECTOR WITH ACCEPTABLE DOCUMENTARY EVIDENCE OF THE STATE LOAN, 784
GRANT, OR OTHER STATE FINANCIAL ASSISTANCE. All such 785
(2) AS USED IN THIS DIVISION, "INSTITUTION RECEIVING 787
FINANCIAL ASSISTANCE FROM THE STATE" INCLUDES ANY PUBLIC OR 788
PRIVATE ORGANIZATION, ESPECIALLY ONE OF A CHARITABLE, CIVIC, OR 789
EDUCATIONAL CHARACTER, IN RECEIPT OF A STATE LOAN, GRANT, OR 790
OTHER TYPE OF STATE FINANCIAL ASSISTANCE.
(F) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 792
ALL conveyances, grants, or permits to use that are made to 794
private persons, firms, or corporations shall be to the highest 796
bidder at public auction CONDUCTED in accordance with the 798
procedure set forth in section 5501.32 5501.311 OR 5501.34 of the 799
Revised Code, AS APPLICABLE. 800
(G) In any case where the director has acquired or 802
acquires, for the state highway system, easements in or permits 803
to use areas or space on, above, or below the surface, the 804
director may extinguish them in whole or in part or subordinate 805
them to uses by others, provided that the director determines 806
that the easements or permit to use so extinguished or 808
subordinated are not needed by the state for highway purposes.
THE DIRECTOR SHALL MAKE ANY EXTINGUISHMENTS TO THE CURRENT 809
UNDERLYING FEE OWNER OF RECORD AT NO COST. 810
(H) No conveyance, transfer, easement, lease, permit, or 812
other instrument executed pursuant to the authorization given by 813
this section shall prejudice any right, title, or interest in any 814
lands affected thereby which at the date thereof existed in any 815
person, firm, or corporation, other than the state and other than 816
members of the general public having no specific rights in said 817
lands, unless the right, title, or interest was expressly subject 819
20
to the right of the state to make such conveyance or transfer, 820
grant such right, or execute such instrument, and unless the 821
state by such instrument expressly exercises such right, nor 822
shall any public utility be required to move or relocate any of 823
its facilities that may be located in or on the areas described 824
in any such conveyance, transfer, easement, lease, permit, or 825
other instrument.
Sec. 5501.50. (A) As used in this section, "agricultural 834
purposes" means commercial animal or poultry husbandry, or the 835
production for a commercial purpose of field crops, tobacco, 836
fruits, or vegetables. 837
(B) Whenever the director of transportation acquires real 839
property as provided in section 5501.32 of the Revised Code or 840
otherwise acquires real property in fee simple in the name of the 841
state for highway purposes and subsequently finds the property is 842
not needed for such purposes, or will not be needed for such 843
purposes for a period of two years or more following the date of 844
acquisition of the property, and the property is adjacent to or 845
in the near vicinity of property used for agricultural purposes, 846
the director may, at his THE DIRECTOR'S discretion, offer to 847
lease the property for agricultural purposes for one year at a 849
price consistent with rentals of adjacent agricultural lands in 850
the manner provided in divisions (C), (D), (E), (F), (G), (H), 851
and (I) of this section before conveying or transferring the fee 852
simple estate or any lesser estate or interest in the property, 853
or permitting its use by another. 854
(C) Real property shall be offered for lease by mailing a 856
notice, in writing, to each person who owns or leases property 857
being used for agricultural purposes that adjoins or is in the 858
near vicinity of the property. The notice shall include a 859
general description of the property offered for lease, the cost 860
of the lease, the manner in which the lease will be made, the 861
requirements of this section, a statement that the person shall 862
notify the director in writing within no more than four weeks 863
21
following mailing of the notice if the person is interested in 864
leasing the property, and such other information as the director 865
considers necessary. 866
(D) If the director receives information in writing from 868
two or more persons who are interested in leasing the real 869
property, one of whom is the owner of real property that adjoins 870
the property offered for lease, the director may lease the 871
property to that person. If the director receives such 872
information from two or more persons, two or more of whom are 873
owners of real property that adjoins the property offered for 874
lease, the director shall lease the property to the person whose 875
information is contained in the envelope bearing the earliest 876
postmark. 877
(E) Any lease made under this section shall be conditioned 879
upon the lessee's written agreement to maintain weed control on 880
the property. If the director has reasonable cause to believe 881
that such an agreement is violated, the director, or any of his 882
THE DIRECTOR'S authorized agents, may, at his THE DIRECTOR'S OR 884
AUTHORIZED AGENT'S discretion, do either of the following: 886
(1) Provide necessary weed control. The expense of 888
providing weed control shall be paid by the director out of any 889
appropriation to the department of transportation available for 890
the establishment, use, maintenance, or repair of highways and 891
the amount thereof shall be reimbursed by the lessee to the 892
department and if not reimbursed the amount thereof shall be 893
certified to the attorney general for collection by civil action 894
against the lessee of the property. 895
(2) File a complaint by petition in the court of common 897
pleas of the county in which the property is located. Upon a 898
finding by the court that a violation of the agreement exists as 899
alleged in the petition, the court shall enter an order of 900
abatement against the lessee of the property. 901
(F) If real property offered for lease as provided in this 903
section is located near a highway where the use of the property 904
22
for crops such as corn and wheat will obstruct the view of any 905
part of the highway from a person operating a vehicle on the 906
highway or on an intersecting highway or private road, or near an 907
airport where such use of the property may interfere with airport 908
safety, any lease made shall be conditioned upon the lessee's 909
written agreement to use the property for only crops that will 910
not create such an obstruction of the view of the highway or 911
interference with airport safety. If the director has reasonable 912
cause to believe that such an agreement is violated, the 913
director, or any of his THE DIRECTOR'S authorized agents, may, at 915
his THE DIRECTOR'S OR AUTHORIZED AGENT'S discretion, do either of 916
the following:
(1) Remove the crop or such part thereof as may be 918
necessary to ensure that the view of the highway will not be 919
obstructed, or that airport safety will not be reduced. The 920
expense of the removal shall be paid by the director out of any 921
appropriation to the department of transportation available for 922
the establishment, use, maintenance, or repair of highways and 923
the amount thereof shall be reimbursed by the lessee to the 924
department and if not reimbursed the amount thereof shall be 925
certified to the attorney general for collection by civil action 926
against the lessee of the property. 927
(2) File a complaint by petition in the court of common 929
pleas of the county in which the property is located. Upon a 930
finding by the court that a violation of the agreement exists as 931
alleged in the petition, the court shall enter an order of 932
abatement against the lessee of the property. 933
(G) The director may offer to renew annually any lease of 935
real property made under this section to the current lessee or 936
may offer the opportunity to lease to others in the manner and 937
subject to the requirements and limitations as provided for in 938
this section. 939
(H) The requirements of sections 5501.32, 5501.34, 941
5501.37, and 5501.45 of the Revised Code relating to the 942
23
appraisal, advertisement, manner of sale, and minimum sale price 943
of property not needed for highway purposes and the requirements 944
of sections 5501.34, 5501.37, and 5501.45 of the Revised Code 945
relating to the use of property not needed for highway purposes 946
for recreation purposes, do not apply to a lease or renewal of a 947
lease of real property made in accordance with this section. 948
(I) Except as provided in divisions (E)(1) and (F)(1) of 950
this section, all expense incurred in the lease of real property 951
under this section shall be paid out of the proceeds of the lease 952
and the balance shall be deposited in the highway fund from which 953
the purchase of the real property giving rise to the proceeds was 954
made. 955
(J) Nothing in this section shall be construed to permit 957
the director to acquire real property by appropriation for the 958
purpose of leasing it for agricultural purposes. 959
Sec. 5511.01. All state highways established by law shall 968
continue to be known as state highways, and the state highway 969
system established by law shall continue to be known as the state 970
highway system. 971
Before establishing any additional highways as part of the 973
state highway system, or making any SIGNIFICANT changes in 974
existing highways comprising the system, the director of 976
transportation shall give notice, by publication in one newspaper 977
of general circulation NOTIFY THE GENERAL COMMUNITY OF THE 978
PROJECT AND OFFER AN OPPORTUNITY FOR APPROPRIATE PUBLIC 979
INVOLVEMENT IN THE PROJECT PROCESS. 980
THE OPPORTUNITY FOR PUBLIC INVOLVEMENT SHALL SATISFY THE 982
REQUIREMENTS OF THE "NATIONAL ENVIRONMENTAL POLICY ACT OF 1969," 984
83 STAT. 852, 42 U.S.C.A. 4321 ET SEQ., AS AMENDED, AND MAY 985
CONSIST OF ACTIVITIES INCLUDING PUBLIC MEETINGS OR HEARINGS, 986
SMALL GROUP MEETINGS WITH LOCAL OFFICIALS, INDIVIDUAL MEETINGS, 987
NEWS RELEASES, PUBLIC NOTICES, WORKSHOPS, NEWSLETTERS, ROAD 988
SIGNS, ELECTRONIC COMMUNICATIONS, RADIO ANNOUNCEMENTS, MAIL 989
NOTIFICATION, AND OTHER ACTIVITIES CONSIDERED APPROPRIATE FOR THE 990
24
EXCHANGE OF INFORMATION. THE DIRECTOR OR THE DIRECTOR'S DESIGNEE 991
SHALL PROVIDE THE PUBLIC INVOLVEMENT ACTIVITIES in each of the 993
counties in which the highway proposed to be established is to be 994
located or in which it is proposed to make such changes, once 995
each week for two successive weeks. The notice shall state the 996
time and place of the hearing which shall be held in the county, 997
or one of the counties, in which the proposed highway or some 998
part thereof is to be situated, or in which it is proposed to 999
make such changes. The notice shall state the route of the 1,000
proposed highway or the change proposed to be made in an existing 1,001
highway of the system. The hearing shall be open to the public 1,002
and the director or a deputy designated by him shall attend and 1,003
hear any proof offered on the matter. Any. 1,004
ANY changes made in existing highways by the director or 1,006
any additional highways established by him THE DIRECTOR following 1,007
the hearing PUBLIC INVOLVEMENT ACTIVITIES shall be certified to 1,009
the following authorities interested therein: the legislative 1,010
authority of municipalities, board of county commissioners, board 1,011
of township trustees, municipal, county, and regional planning 1,012
commissions, and the municipal, township, or county officer 1,013
authorized to issue land use or building permits. Before any 1,014
zoning change or subdivision plat is approved and before any 1,015
permit for land use or the erection, alteration, or moving of a 1,016
building is granted affecting any land within three hundred feet 1,017
of the center line of a proposed new highway or highway for which 1,018
changes are proposed, as described in the certification by the 1,019
director, or within a radius of five hundred feet from the point 1,020
of intersection of that center line with any public road or 1,021
highway, the authority authorized to approve the zoning change or 1,022
subdivision plat or the authority authorized to grant the permit 1,023
for land use or the erection, alteration, or moving of the 1,024
building shall give notice, by certified mail, to the director, 1,025
and shall not approve a zoning change or subdivision plat or 1,026
grant a permit for land use or the erection, alteration, or 1,027
25
moving of a building for one hundred twenty days from date notice 1,028
is received by the director. During the one hundred twenty day 1,029
period and any extension of it as may be agreed to between the 1,030
director and any property owner, notice of which has been given 1,031
to the authority to which the application has been made, the 1,032
director shall proceed to acquire any land needed by purchase or 1,033
gift, or by initiating proceedings to appropriate, or make a 1,034
finding that acquisition at such time is not in the public 1,035
interest. Upon purchase, initiation of appropriation 1,036
proceedings, or a finding that acquisition is not in the public 1,037
interest, the director shall notify the authority from which 1,038
notice was received of that action. Upon being notified that the 1,039
director has purchased or initiated proceedings to appropriate 1,040
the land that authority shall refuse to rezone land or to approve 1,041
any subdivision plat that includes the land which the director 1,042
has purchased or has initiated proceedings to appropriate, and 1,043
that authority shall refuse to grant a permit for land use or the 1,044
erection, alteration, or moving of a building on the land which 1,045
the director has purchased or initiated proceedings to 1,046
appropriate. Upon notification that the director has found 1,047
acquisition at that time not to be in the public interest, or 1,048
upon the expiration of the one hundred twenty day period or any 1,049
extension thereof, if no notice has been received from the 1,050
director, that authority shall proceed in accordance with law. 1,051
A report of the change or addition shall be filed in the 1,053
office of the director, and the report of the director making the 1,054
change or establishing the highway shall be placed on file in the 1,055
office of the department of transportation. 1,056
In no event shall the total mileage of the state highway 1,058
system be increased under this section to exceed two hundred 1,059
miles in one year. 1,060
The director, upon petition of the boards of the counties 1,062
traversed thereby or of citizens of such counties, may officially 1,063
assign to a highway of the state highway system a distinctive 1,064
26
name, commemorative of a historical event or personage, or 1,065
officially assign thereto a commonly accepted and appropriate 1,066
name by which the highway is known. The 1,067
THE director may, upon giving APPROPRIATE notice and 1,070
holding a hearing OFFERING THE OPPORTUNITY FOR PUBLIC INVOLVEMENT 1,071
AND COMMENT, abandon a highway on the state highway system or 1,072
part thereof which he THE DIRECTOR determines is of minor 1,074
importance or which traverses territory adequately served by 1,075
another state highway, and the abandoned highway shall revert to 1,076
a county or township road or municipal street. A report covering 1,077
such action shall be filed in the office of the director, and the 1,078
director shall certify his THE action to the board of the county 1,080
in which the highway or portion thereof so abandoned is situated. 1,081
The director shall make a map showing thereon, by 1,083
appropriate numbering or other designation, all the state 1,084
highways. The map shall be kept on file in his THE DIRECTOR'S 1,085
office and he THE DIRECTOR shall cause the same to be corrected 1,086
and revised to show all changes and additions to the date of such 1,088
correction. A copy of the map, certified by the director as a 1,089
correct copy of the map on file in his THE DIRECTOR'S office, 1,090
shall be admissible as evidence in any court to prove the 1,092
existence and location of the several highways and roads of the 1,093
state highway system.
The state highway routes into or through municipal 1,095
corporations, as designated or indicated by state highway route 1,096
markers erected thereon, are state highways and a part of the 1,097
state highway system. The director may erect state highway route 1,098
markers and such other signs directing traffic as he THE DIRECTOR 1,100
thinks proper upon those portions of the state highway system 1,101
lying within municipal corporations, and the consent of the 1,102
municipal corporations to such erection and marking shall not be 1,103
necessary. However, the director may erect traffic signs in 1,104
villages in accordance with section 5521.01 of the Revised Code. 1,105
No change in the route of any highway through a municipal 1,106
27
corporation shall be made except after notice and hearing 1,107
PROVIDING PUBLIC INVOLVEMENT ACTIVITIES. 1,108
Except as provided in sections 5501.49 and 5517.04 of the 1,110
Revised Code, no duty of constructing, reconstructing, 1,111
maintaining, and repairing such state highways within municipal 1,112
corporations shall attach to or rest upon the director. The 1,113
director may enter upon such state highways within any municipal 1,114
corporation and construct, reconstruct, widen, improve, maintain, 1,115
and repair them, provided the municipal corporation first 1,116
consents thereto by resolution of its legislative authority, 1,117
except that he THE DIRECTOR need not obtain the consent of the 1,118
municipal corporation if the existing highway being changed or 1,120
the location of an additional highway being established was not 1,121
within the corporate limits of the municipal corporation at the 1,122
time such establishment or change was journalized IS APPROVED by 1,123
the director, or if the director is acting pursuant to section 1,125
5501.49 of the Revised Code. 1,126
The director shall place in the files of the department a 1,128
record of the routes of all such state highways within municipal 1,129
corporations, and shall cause them to be corrected and revised to 1,130
show all changes and additions to the date of the correction. A 1,131
copy of the record or any pertinent part thereof, certified by 1,132
the director to be a true and correct copy, shall be admissible 1,133
in evidence in any court of the state for the purpose of proving 1,134
the existence and location of any state highway within a 1,135
municipal corporation. 1,136
When the director proposes to change an existing state 1,138
highway and there exists upon the highway a separated railroad 1,139
crossing, the director shall mail to the interested railroad 1,140
company a copy of the notice which shall be mailed by first-class 1,141
mail, postage prepaid, and certified with return receipt 1,142
requested, at least two weeks before the time fixed for hearing 1,143
ANY PUBLIC INVOLVEMENT ACTIVITY. When the director proposes to 1,145
change an existing state highway within a municipal corporation 1,146
28
he, THE DIRECTOR shall mail to the mayor or other chief executive 1,149
officer of the municipal corporation a copy of the notice which 1,150
shall be mailed by first-class mail, postage prepaid, and 1,151
certified with return receipt requested, at least two weeks 1,152
before the time fixed for hearing ANY PUBLIC INVOLVEMENT 1,153
ACTIVITY.
Nothing in this section shall be construed to require 1,155
notice and hearing PROVIDING PUBLIC INVOLVEMENT ACTIVITIES before 1,157
the construction, reconstruction, maintenance, improvement, or 1,158
widening of an existing highway where no relocation is involved. 1,159
With the exception of the authority conferred upon the 1,161
director by this section, to erect state highway route markers 1,162
and signs directing traffic, and by section 5501.49 of the 1,163
Revised Code, Chapters 5501., 5503., 5511., 5513., 5515., 5516., 1,164
5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 1,165
5533., and 5535. of the Revised Code, shall not in any way 1,166
modify, limit, or restrict the authority conferred by section 1,167
723.01 of the Revised Code upon municipal corporations to 1,168
regulate the use of streets and to have the care, supervision, 1,169
and control of the public highways, streets, avenues, alleys, 1,170
sidewalks, public grounds, bridges, aqueducts, and viaducts 1,171
within the municipal corporations and to keep them, subject to 1,172
division (B)(3) of section 2744.02 of the Revised Code, open, in 1,173
repair, and free from nuisance. 1,174
Sec. 5511.07. In pursuance of section 5501.31 of the 1,183
Revised Code, the director of transportation, in vacating any 1,184
highway or portion thereof on the state highway system that the 1,186
director finds is no longer necessary for the purposes of a
public highway, shall issue such a finding, which shall contain a 1,188
description of the highway or part thereof to be vacated. Notice 1,189
of such finding shall be published once a week, for two 1,190
consecutive weeks, in a newspaper of general circulation in the 1,191
county in which the highway, or part thereof, to be vacated lies, 1,192
and a copy of the notice shall be served as in civil cases, or by 1,193
29
registered first class mail, return receipt requested, upon each 1,194
owner of property abutting on the portion of the highway to be 1,195
vacated, and upon the director of natural resources. Any owner 1,196
whose place of residence is unknown, or who is a nonresident of 1,197
the state, shall be specifically named in the notice of 1,198
publication and shall be directed in the finding to take due 1,199
notice of the contents thereof. THE DIRECTOR SHALL MAKE ANY 1,200
VACATION OF A HIGHWAY OR PORTION OF A HIGHWAY TO AN ABUTTING
LANDOWNER OR CURRENT UNDERLYING FEE OWNER OF RECORD AT NO COST. 1,201
The notice shall fix a date, not less than twenty days 1,203
after the date of the final publication of the notice, and shall 1,205
contain a determination that on or before that date claims for 1,206
compensation and damage, or either, by reason of the vacation
proceedings, must be filed in writing, in duplicate, with the 1,207
district deputy director of transportation in whose district lies 1,208
any portion of the highway to be vacated. Failure to file claims 1,210
in that manner is a waiver of any claim for damage by reason of 1,211
the vacation.
After considering any claims filed, the director shall make 1,213
awards as the director considers just and equitable, and if, 1,215
within ten days, the amount so awarded has not been accepted and 1,216
waivers therefor signed, that amount shall be deposited in the 1,217
probate court or court of common pleas of the county in which the 1,218
vacation lies, wholly or in part, and the procedure to adjudicate 1,219
such claims shall be that provided under section 5519.01 of the 1,220
Revised Code.
No final determination shall be made by the director in 1,222
vacating such highway or portion thereof until all awards are 1,223
accepted, or deposit therefor made, in the probate court or court 1,224
of common pleas. 1,225
Sec. 5515.02. All individuals, firms, and corporations 1,234
using or occupying any part of a road or highway on the state 1,235
highway system, or the bridges or culverts thereon, with 1,236
telegraph or telephone lines, steam, electrical, or industrial 1,237
30
railways, oil, gas, water, or other pipes, mains, conduits, or 1,238
any object or structure, other than by virtue of a franchise or 1,239
permit granted and in force, shall remove from the bounds of the 1,241
road, OR highway, bridge, or culvert, their poles and wires 1,242
connected therewith, and any tracks, switches, spurs, or oil, 1,243
gas, water, or other pipes, mains, conduits, or other objects or 1,244
structures, when in the opinion of the director of transportation 1,245
they constitute obstructions in the roads, highways, bridges, or 1,247
culverts, or THEY interfere or may interfere with the
contemplated construction, reconstruction, improvement, 1,249
maintenance, or repair, OR USE BY THE TRAVELING PUBLIC of the 1,251
roads, OR highways, bridges, or culverts or with their use by the 1,253
traveling public.
All individuals, firms, or corporations so occupying any 1,255
road or highway on the state highway system, or the bridges or 1,256
culverts thereon, under and by virtue of a franchise or permit 1,257
granted and in force, shall relocate their properties and all 1,258
parts thereof within the bounds of the road, OR highway, bridge, 1,260
or culvert when in the opinion of the director they constitute
obstructions in the road, highway, bridge, or culvert, or THEY 1,262
interfere with or may interfere with the contemplated
construction, reconstruction, improvement, maintenance, or 1,264
repair, OR USE of the road, OR highway, bridge, or culvert or 1,265
with its use. The relocation within the bounds of the road, OR 1,267
highway, bridge, or culvert shall be in the manner and to the 1,268
extent prescribed by the director. 1,269
If, in the opinion of the director, such individuals, 1,271
firms, or corporations have obstructed any road or highway on the 1,272
state highway system, or the bridges or culverts thereon, or if 1,273
any of their properties, in the director's opinion, are so 1,274
located that they do or may interfere with the contemplated 1,276
construction, reconstruction, improvement, maintenance, or 1,277
repair, OR USE of the road, OR highway, bridge, or culvert, or 1,280
with the use of the road, highway, bridge, or culvert by the 1,281
31
traveling public, the director shall notify such individual, 1,282
firm, or corporation directing the removal of the obstruction or 1,283
properties, or the relocation of the properties, and, if such. 1,284
IF THE individual, firm, or corporation does not within five days 1,287
from the service of the notice proceed to remove or relocate the 1,288
obstruction or properties and complete the removal or relocation 1,289
within a reasonable time, the director may remove or relocate the 1,291
same by employing the necessary labor, tools, and equipment. The 1,292
ANY NOTICE REQUIRED UNDER THIS SECTION SHALL BE MADE BY PERSONAL 1,293
SERVICE, CERTIFIED MAIL, OR EXPRESS MAIL.
IF, IN THE DIRECTOR'S OPINION, THE OBSTRUCTION OR 1,295
PROPERTIES PRESENT AN IMMEDIATE AND SERIOUS THREAT TO THE SAFETY 1,296
OF THE TRAVELING PUBLIC, THE DIRECTOR MAY REMOVE OR RELOCATE THE 1,297
OBSTRUCTION OR PROPERTIES WITHOUT PRIOR NOTICE. 1,298
WHEN THE DIRECTOR PERFORMS A REMOVAL OR RELOCATION UNDER 1,300
THIS SECTION, THE costs and expenses shall be paid by the 1,301
director out of any appropriation of the department of 1,303
transportation available for the establishment, construction, 1,304
reconstruction, improvement, maintenance, or repair of highways, 1,305
and the amount thereof shall be certified to the attorney general 1,306
for collection by civil action. Notice of the action shall be 1,307
made by personal service or by certified mail. 1,308
AS USED IN THIS SECTION, "ROAD" OR "HIGHWAY" HAS THE SAME 1,310
MEANING AS IN SECTION 5501.01 OF THE REVISED CODE AND ALSO 1,311
INCLUDES ANY PART OF THE RIGHT OF WAY. 1,312
Sec. 5515.04. Telegraph and telephone UTILITY poles along 1,321
the public highway may be used for the purpose of attaching 1,323
thereto or placing thereon, signposts, guideposts, warning signs, 1,324
or other signs when prescribed by the director of transportation 1,325
or county engineer.
Sec. 5521.01. The director of transportation, upon the 1,334
request by and the approval of the legislative authority of a 1,335
village, shall maintain, repair, and apply standard longitudinal 1,336
pavement marking lines as the director considers appropriate, or 1,338
32
may establish, construct, reconstruct, improve, or widen any 1,339
section of a state highway within the limits of a village. The 1,340
director also may erect regulatory and warning signs, as defined 1,341
in the manual adopted under section 4511.09 of the Revised Code, 1,342
on any section of a state highway within the limits of a village. 1,343
The director may establish, construct, reconstruct, improve, 1,344
widen, maintain, or repair any section of state highway within 1,345
the limits of a city, including the elimination of railway grade 1,346
crossings, and pay the entire or any part of the cost and expense 1,347
thereof from state funds, but in all cases the director first 1,349
shall obtain the consent of the legislative authority of the
municipal corporation, except that the director need not obtain 1,351
the consent of the municipal corporation if the existing highway 1,352
being changed or the location of an additional highway being 1,353
established was not within the corporate limits of the municipal 1,354
corporation at the time the director determines the establishment 1,355
or change should be made, or if the director is acting pursuant 1,357
to section 5501.49 of the Revised Code. 1,358
Except as provided in section 5501.49 of the Revised Code, 1,360
when in the opinion of the director there is urgent need to 1,361
establish a state highway, which is to be designated a federal 1,362
aid highway, or a federal aid interstate highway within a 1,363
municipal corporation or, in the opinion of the director, any 1,364
federal aid highway or interstate federal aid highway is in 1,365
urgent need of repair, reconstruction, widening, improvement, or 1,366
relocation, so as to accommodate the traveling public, the 1,367
director shall submit a written request to the legislative 1,368
authority of the municipal corporation for its consent to the 1,369
desired establishment or improvement. The legislative authority, 1,370
within sixty days after the written request has been received 1,372
from the director, either shall grant its consent to the 1,373
establishment or improvement or refuse consent by filing in
writing with the director a statement of its reasons for refusing 1,374
consent and any alternate proposals it considers reasonable. If 1,375
33
the legislative authority fails to act or refuses consent, the 1,376
director, upon consideration of the reasons for rejection, may 1,378
make a resolution declaring the necessity of the establishment or 1,379
improvement, and then proceed in the same manner as if consent 1,380
had been given. A certified copy of the resolution shall be 1,381
served upon the municipal legislative authority, which, within 1,382
twenty days from the date of service, may appeal to the court of 1,383
common pleas of the county in which the municipal corporation is 1,384
situated, upon the reasonableness and necessity of the action 1,385
provided for in the resolution. In the hearing upon appeal, the 1,386
director shall introduce the record of the director's 1,387
proceedings, including the director's findings with respect to 1,389
factors referred to in section 5521.011 of the Revised Code, and 1,390
such other competent evidence as the director desires in support 1,391
of the director's resolution, and the municipality likewise may 1,392
introduce competent evidence opposing the resolution, and 1,393
findings. The court may affirm or revoke the resolution. The 1,394
decision of the common pleas court may be appealed to the court 1,395
of appeals and the supreme court as in other cases. If the court 1,396
affirms the resolution, the director may proceed with the 1,397
establishment or improvement with or without the cooperation of 1,398
the municipal corporation. Any such municipal corporation may 1,399
cooperate with the director in the work and pay such portion of 1,400
the cost as is agreed upon between the municipal corporation and 1,401
the director. The legislative authority of any municipal 1,402
corporation desiring to cooperate, by resolution, may propose 1,403
such cooperation to the director, and a copy of the resolution, 1,404
which shall set forth the proportion of the cost and expense to 1,405
be contributed by the municipal corporation, shall be filed with 1,406
the director. The director shall cause to be prepared the 1,407
necessary surveys, plans, profiles, cross sections, estimates, 1,408
and specifications and shall file copies of them with the 1,410
legislative authority of the municipal corporation. After the 1,412
legislative authority has approved the surveys, plans, profiles, 1,413
34
cross sections, estimates, and specifications, and after the 1,414
municipal corporation has provided the funds necessary to meet 1,415
the portion of the cost of the work assumed by it, the municipal 1,416
corporation shall enter into a contract with the state providing 1,417
for payment by the municipal corporation of the agreed portion of 1,418
the cost. The form of the contract shall be prescribed by the 1,419
attorney general, and such contracts shall be submitted to the 1,420
director and approved before advertising for THE RECEIPT OF bids. 1,421
Section 5705.41 of the Revised Code applies to such contract to 1,422
be made by the municipal corporation, and a duplicate of the 1,423
certificate of the chief fiscal officer of the municipal 1,424
corporation shall be filed in the office of the director. That 1,425
part of the cost of the work assumed by the municipal corporation 1,426
shall be paid from the proceeds of taxes or special assessments, 1,427
or both, or from the proceeds of notes or bonds issued and sold 1,428
in anticipation of the collection of the taxes and assessments. 1,429
For the purpose of providing funds for the payment of that part 1,430
of the cost of the work assumed by the municipal corporation, the 1,431
municipal corporation has the same authority to make special 1,432
assessments, levy taxes, and issue bonds or notes, in 1,433
anticipation of the collection of the same, as it has with 1,434
respect to improvements constructed under the sole supervision 1,435
and control of the municipal corporation. All such assessments 1,436
shall be made, taxes levied, and bonds or notes issued and sold 1,437
under such conditions and restrictions as may be provided with 1,438
respect to assessments, taxes, bonds, or notes made, levied, 1,439
issued, or sold in connection with improvements of the same class 1,440
and character constructed under the sole supervision and control 1,441
of the municipal corporation. The improvement shall be 1,442
constructed under the sole supervision of the director. The 1,443
proportion of the cost and expense payable by the municipal 1,444
corporation shall be paid by the proper officers thereof, upon 1,445
the requisition of the director, and at times during the progress 1,446
of the work as may be determined by the director or as may be 1,447
35
otherwise provided by law. 1,448
Sec. 5525.14. (A) Notwithstanding sections 125.01 to 1,457
125.11 of the Revised Code, the director of transportation, by 1,459
written instruction to the contractor, may increase the
quantities of any item specified or not specified in a 1,460
competitively bid construction contract but, except as provided 1,461
in division (B) of this section, the additional cost incurred by 1,462
the increase shall not exceed the lesser of one hundred thousand 1,463
dollars or five per cent of the total contract price. Any such 1,464
provision for increased quantities or extra work shall be made in
the form of a written change to the original contract and does 1,465
not require competitive bidding. 1,466
(B) The one hundred thousand dollar or five per cent 1,468
restriction in division (A) of this section does not apply to 1,469
change orders or extra work contracts WHEN THE TOTAL DOLLAR 1,470
AMOUNT OF THE INCREASE IS TWENTY-FIVE THOUSAND DOLLARS OR LESS OR 1,472
TO CHANGE ORDERS OR EXTRA WORK CONTRACTS resulting from any of 1,473
the following:
(1) An increase in the plan quantity that is determined 1,475
during the final measurement of an item of work. 1,476
(2) Federally mandated requirements that did not exist at 1,478
the time of the original contract award. 1,479
(3) Circumstances that would create a life-, safety-, or 1,481
health-threatening situation or would unduly delay the completion 1,482
of a project and increase its costs, but only if the director 1,483
makes a finding of such fact, declares an emergency, and issues 1,484
the finding. Extra work that the director contracts for in these 1,487
circumstances may include not only construction needed to
complete a project, but also adjustments needed to meet changed 1,489
conditions, alterations in original plans, unforeseen 1,490
contingencies, or payments necessitated by contract terminations
or suspensions. 1,491
All change orders or extra work contracts set forth in 1,493
division (B) of this section shall be reported to the controlling 1,494
36
board quarterly in writing.
(C) The director, by written instruction to the 1,496
contractor, may decrease or cancel the quantity of any item 1,497
specified in a contract or portion of a contract and authorize 1,498
payment to the contractor for reasonable costs incurred to date. 1,499
Sec. 5525.23. THE DIRECTOR OF TRANSPORTATION MAY INCLUDE 1,501
IN ANY CONSTRUCTION CONTRACT A PROVISION AUTHORIZING ARBITRATION 1,502
OF ANY CONTROVERSY SUBSEQUENTLY ARISING OUT OF THE CONTRACT. THE 1,503
PROVISION SHALL PROVIDE THAT IF ALL PARTIES IN A CONTROVERSY 1,505
ARISING OUT OF A CONSTRUCTION CONTRACT AGREE TO PROCEED TO 1,506
ARBITRATION, THE DIRECTOR SHALL DETERMINE THE METHOD AND FORM OF 1,507
ARBITRATION. NOTWITHSTANDING SECTIONS 2711.11 AND 2711.13 OF THE 1,508
REVISED CODE, THE DECISION OF AN ARBITRATOR UNDER THIS SECTION IS 1,510
NOT SUBJECT TO A MOTION TO MODIFY OR CORRECT AN AWARD. NO APPEAL 1,511
FROM THE DECISION OF AN ARBITRATOR LIES TO ANY COURT EXCEPT THAT 1,512
THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY MAY MAKE AN ORDER 1,514
VACATING THE AWARD UPON THE APPLICATION OF ANY PARTY TO THE
ARBITRATION IF DIVISION (A), (B), OR (C) OF SECTION 2711.10 OF 1,517
THE REVISED CODE APPLIES.
Sec. 5529.03. The director of transportation may acquire 1,526
by gift, purchase, or appropriation, any interest, estate, or 1,527
right in and to real property adjacent to highways of this state 1,528
as necessary for the restoration, preservation, and enhancement 1,529
of scenic beauty adjacent to said highways, or for the 1,530
establishment of publicly owned and controlled rest and 1,531
recreation areas and sanitary and other facilities within or 1,532
adjacent to the right-of-way of said highways to accommodate the 1,533
traveling public. Nothing in this section authorizes the 1,534
director to appropriate fee simple title to real property further 1,535
than three hundred feet from the nearest edge of the highway 1,536
right-of-way, EXCEPT FOR THE APPROPRIATION OF BIKEWAYS AND 1,537
BICYCLE PATHS UNDER SECTION 5501.31 OF THE REVISED CODE. 1,538
The director may convey or lease any such property adjacent 1,540
to the highway right-of-way to any person or entity in the manner 1,541
37
and subject to such reservations, conditions, covenants, or other 1,543
contractual arrangements as the director determines will not 1,544
substantially interfere with the scenic character or beauty of 1,545
the area traversed by the highway. 1,546
The director may employ consulting engineers and enter into 1,548
contracts for consulting engineering services with any qualified 1,549
person, firm, partnership, corporation, or association to prepare 1,550
plans and estimates and generally supervise the construction and 1,551
landscaping for scenic enhancement and roadside beautification 1,552
projects, and in the awarding of such contracts compliance with 1,553
sections 5501.17 and 5525.01 of the Revised Code is not required. 1,554
Any instrument by which real property is acquired pursuant 1,556
to this section shall identify the agency of the state that has 1,557
the use and benefit of the real property as specified in section 1,558
5301.012 of the Revised Code.
Section 2. That existing sections 129.42, 4582.10, 1,560
4582.21, 4582.35, 5501.20, 5501.31, 5501.32, 5501.34, 5501.45, 1,561
5501.50, 5511.01, 5511.07, 5515.02, 5515.04, 5521.01, 5525.14, 1,562
and 5529.03 and sections 4582.07, 4582.08, 4582.09, 4582.32, 1,563
4582.33, 4582.34, and 5501.37 of the Revised Code are hereby 1,564
repealed.