As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 295 5
1999-2000 6
SENATOR OELSLAGER REPRESENTATIVES OLMAN-COLLIER-BUEHRER 8
_________________________________________________________________ 10
A B I L L
To amend sections 4561.01, 4561.05, 4561.15, 12
5501.20, 5501.31, 5501.32, 5501.34, 5501.45, 13
5501.50, 5511.01, 5511.07, 5515.02, 5515.04, 15
5521.01, 5525.14, 5537.02, and 5537.07, to enact
section 5525.23, and to repeal sections 4561.10, 16
4582.07, 4582.08, 4582.09, 4582.32, 4582.33, 17
4582.34, and 5501.37 of the Revised Code to
revise the law governing Department of 18
Transportation construction contracts, to revise 19
the sale and acquisition of property by the
Department of Transportation, to make other 21
changes in the law governing the Department of 22
Transportation, to increase from $10,000 to 24
$35,000 the value above which an Ohio Turnpike
Commission contract must be competitively bid, to 25
allow members of the Ohio Turnpike Commission who 26
are appointed by the Governor to receive health
care benefits, to repeal requirements for a port 28
authority to have a plan for future development, 29
and to make certain changes in the aeronautics 31
law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 4561.01, 4561.05, 4561.15, 35
5501.20, 5501.31, 5501.32, 5501.34, 5501.45, 5501.50, 5511.01, 38
5511.07, 5515.02, 5515.04, 5521.01, 5525.14, 5537.02, and 5537.07
be amended and section 5525.23 of the Revised Code be enacted to 39
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read as follows: 40
Sec. 4561.01. As used in sections 4561.01 to 4561.151 of 50
the Revised Code: 51
(A) "Aviation" means transportation by aircraft; operation 53
of aircraft; the establishment, operation, maintenance, repair, 54
and improvement of airports, landing fields, and other air 55
navigation facilities; and all other activities connected 56
therewith or incidental thereto. 57
(B) "Aircraft" means any contrivance used or designed for 59
navigation or flight in the air, excepting a parachute or other 60
contrivance for such navigation used primarily as safety 61
equipment. 62
(C) "Airport" means any location either on land or water 64
which is used for the landing and taking off of aircraft. 65
(D) "Landing field" means any location either on land or 67
water of such size and nature as to permit the landing or taking 68
off of aircraft with safety, and used for that purpose but not 69
equipped to provide for the shelter, supply, or care of aircraft. 70
(E) "Air navigation facility" means any facility used, 72
available for use, or designed for use in aid of navigation of 73
aircraft, including airports, landing fields, facilities for the 74
servicing of aircraft or for the comfort and accommodation of air 75
travelers, and any structures, mechanisms, lights, beacons, 76
marks, communicating systems, or other instrumentalities or 77
devices used or useful as an aid to the safe taking off, 78
navigation, and landing of aircraft, or to the safe and efficient 79
operation or maintenance of an airport or landing field, and any 80
combination of such facilities. 81
(F) "Air navigation hazard" means any structure, object of 83
natural growth, or use of land, that obstructs the air space 85
required for the flight of aircraft in landing or taking off at 86
any airport or landing field, or that otherwise is hazardous to 88
such landing or taking off. 89
(G) "Air navigation," "navigation of aircraft," or 91
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"navigate aircraft" means the operation of aircraft in the air 92
space over this state. 93
(H) "Airman AIRPERSON" means any individual who, as the 95
person in command, or as pilot, mechanic, or member of the crew, 97
engages in the navigation of aircraft. 98
(I) "Airway" means a route in the air space over and above 100
the lands or waters of this state, designated by the Ohio 101
aviation board FEDERAL AVIATION ADMINISTRATION as a route 102
suitable for the navigation of aircraft. 104
(J) "Person" means any individual, firm, partnership, 106
corporation, company, association, joint stock association, or 107
body politic, and includes any trustee, receiver, assignee, or 108
other similar representative thereof. 109
Sec. 4561.05. The department of transportation shall 118
administer and enforce sections 4561.01 to 4561.151 of the 120
Revised Code. The department may adopt and promulgate such rules
and regulations as it deems DETERMINES necessary to carry out 121
such sections. All rules and regulations adopted by the Ohio 123
aviation board as of September 17, 1957, shall be valid rules and 124
regulations of the department of transportation until such time 125
as said rules and regulations may be rescinded or revoked. 126
The department may issue and amend orders, and make, 128
promulgate, and amend, reasonable general and special rules, 129
regulations, and procedure, and establish minimum standards. 130
The department may establish safety regulations governing 132
air navigation hazards, the location, size, use, and equipment of 133
airports and landing areas, and regulations governing air 134
marking, the use of signs or lights designed to be visible from 135
the air, and other air navigation facilities. 136
All rules, regulations, and amendments thereto, prescribed 138
by the department, shall conform to and coincide with, so far as 139
possible, the "Civil Aeronautics Act of 1938," 52 Stat. 973, 49 140
U.S.C. 401, and acts amendatory thereto, passed by the congress 141
of the United States, and the air commerce regulations issued 142
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pursuant thereto. 143
All acts of the department authorized under this section 145
shall be carried on in conformity with sections 119.01 to 119.13 146
of the Revised Code. 147
Sec. 4561.15. (A) No person shall commit any of the 157
following acts: 158
(1) Carry passengers in an aircraft unless the person 160
piloting the aircraft is a holder of a valid airman's AIRPERSON'S 162
certificate of competency in the grade of private pilot or higher 163
issued by the United States; this division. DIVISION (A)(1) of 165
this section is inapplicable to the operation of military 166
aircraft of the United States, aircraft of a state, territory, or 167
possession of the United States, or aircraft licensed by a 168
foreign country with which the United States has a reciprocal 169
agreement covering the operation of such aircraft. 170
(2) Operate an aircraft on the land or water or in the air 172
space over this state in a careless or reckless manner that 173
endangers any person or property, or with willful or wanton 174
disregard for the rights or safety of others. 175
(3) Operate an aircraft on the land or water or in the air 177
space over this state while under the influence of intoxicating 178
liquor, controlled substances, or other habit-forming drugs. 179
(4) Tamper with, alter, destroy, remove, carry away, or 181
cause to be carried away any object used for the marking of 182
airports, landing fields, or other aeronautical facilities in 183
this state, or in any way change the position or location of such 184
markings, except by the direction of the proper authorities 185
charged with the maintenance and operation of such facilities, or 186
illegally possess any object used for such markings. 187
(B) Jurisdiction over any proceedings charging a violation 189
of this section is limited to courts of record. 191
Sec. 5501.20. (A) As used in this section: 200
(1) "Career professional service" means that part of the 202
competitive classified service that consists of employees of the 203
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department of transportation who, regardless of job 204
classification, meet both of the following qualifications: 205
(a) They are supervisors, professional employees who are 207
not in a collective bargaining unit, confidential employees, or 209
management level employees, all as defined in section 4117.01 of 210
the Revised Code.
(b) They exercise authority that is not merely routine or 213
clerical in nature and report only to a higher level unclassified 214
employee or employee in the career professional service. 215
(2) "Demoted" means that an employee is placed in a 217
position where the employee's wage rate equals, or is not more 218
than twenty per cent less than, the employee's wage rate 219
immediately prior to demotion or where the employee's job 220
responsibilities are reduced, or both.
(3) "Employee in the career professional service with 222
restoration rights" means an employee in the career professional 224
service who has been in the classified civil service for at least 225
two years and who has a cumulative total of at least ten years of 226
continuous service with the department of transportation. 227
(B) Not later than the first day of July of each 230
odd-numbered year, the director of transportation shall adopt a 231
rule in accordance with section 111.15 of the Revised Code that 233
establishes a business plan for the department of transportation 234
that states the department's mission, business objectives, and 235
strategies and that establishes a procedure by which employees in 236
the career professional service will be held accountable for 237
their performance. The director shall adopt a rule that 238
establishes a business plan for the department only once in each 239
two years. Within sixty days after the effective date of a rule 241
that establishes a business plan for the department, the director
shall adopt a rule in accordance with section 111.15 of the 243
Revised Code that identifies specific positions within the 244
department of transportation that are included in the career 245
professional service. The director may amend the rule that 246
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identifies the specific positions included in the career
professional service only within sixty days after WHENEVER the 247
director adopts a rule that establishes a business plan for the 248
department DETERMINES NECESSARY. Any rule adopted under this 250
division is subject to review and invalidation by the joint 251
committee on agency rule review as provided in division (D) of 253
section 111.15 of the Revised Code. The director shall provide a 254
copy of any rule adopted under this division to the director of 256
budget and management. 257
Except as otherwise provided in this section, an employee 260
in the career professional service is subject to the provisions 261
of Chapter 124. of the Revised Code that govern employees in the 263
classified civil service.
(C) After an employee is appointed to a position in the 266
career professional service, the employee's direct supervisor
shall provide the employee appointed to that position with a 268
written performance action plan that describes the department's 269
expectations for that employee in fulfilling the mission, 270
business objectives, and strategies stated in the department's
business plan. No sooner than four months after being appointed 271
to a position in the career professional service, an employee 273
appointed to that position shall receive a written performance 274
review based on the employee's fulfillment of the mission, 275
business objectives, and strategies stated in the department's 276
business plan. After the initial performance review, the 277
employee shall receive a written performance review at least once 278
each year or as often as the director considers necessary. The 279
department shall give an employee whose performance is 281
unsatisfactory an opportunity to improve performance for a period 282
of at least six months, by means of a written corrective action 283
plan, before the department takes any disciplinary action under 284
this section or section 124.34 of the Revised Code. The 285
department shall base its performance review forms on its 286
business plan.
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(D) An employee in the career professional service may be 289
suspended, demoted, or removed because of performance that 290
hinders or restricts the fulfillment of the department's business 291
plan or for disciplinary reasons under section 124.34 or 124.57 292
of the Revised Code. An employee in the career professional 293
service may appeal only the employee's removal to the state 294
personnel board of review. An employee in the career 297
professional service may appeal a demotion or a suspension of 298
more than three days pursuant to rules the director adopts in 299
accordance with section 111.15 of the Revised Code. 301
(E) An employee in the career professional service with 304
restoration rights has restoration rights if demoted because of 305
performance that hinders or restricts fulfillment of the mission, 306
business objectives, or strategies stated in the department's 307
business plan, but not if involuntarily demoted or removed for 308
any of the reasons described in section 124.34 or for a violation 309
of 124.57 of the Revised Code. The director shall demote an 311
employee who has restoration rights of that nature to a position 313
in the classified service that in the director's judgment is
similar in nature to the position the employee held immediately 315
prior to being appointed to the position in the career
professional service. The director shall assign to an employee 316
who is demoted to a position in the classified service as 318
provided in this division a wage rate that equals, or that is not 319
more than twenty per cent less than, the wage rate assigned to 320
the employee in the career professional service immediately prior 321
to the employee's demotion.
(F) This section establishes a pilot program for employees 324
in the career professional service of the department of 325
transportation. At the end of each fiscal biennium that this 326
program is in effect, the director of transportation shall 328
prepare a report describing and evaluating the operation of the 329
program and forward a copy of the report to the governor, 330
director of administrative services, speaker of the house of 331
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representatives, and president of the senate.
(G) No person shall be appointed to a position in the 333
career professional service of the Department of Transportation 334
after June 30, 2003, including for the purpose of filling a 335
vacancy within the career professional service that occurs for 336
any reason.
Sec. 5501.31. The director of transportation shall have 345
general supervision of all roads comprising the state highway 346
system. The director may alter, widen, straighten, realign, 347
relocate, establish, construct, reconstruct, improve, maintain, 349
repair, and preserve any road or highway on the state highway 350
system, and, in connection therewith, relocate, alter, widen, 351
deepen, clean out, or straighten the channel of any watercourse 352
as the director considers necessary, and purchase or appropriate 354
property for the disposal of surplus materials or borrow pits, 355
and, where an established road has been relocated, establish, 356
construct, and maintain such connecting roads between the old and 357
new location as will provide reasonable access thereto. 358
The director may purchase or appropriate property necessary 360
for the location or construction of any culvert, bridge, or 361
viaduct, or the approaches thereto, including any property needed 362
to extend, widen, or alter any feeder or outlet road, street, or 363
way adjacent to or under the bridge or viaduct when the 364
extension, widening, or alteration of the feeder road, street, or 365
way is necessary for the full utilization of the bridge or 366
viaduct, or for any other highway improvement. The director also 367
may purchase or appropriate, for such length of time as is 368
necessary and desirable, any additional property required for the 369
construction and maintenance of slopes, detour roads, sewers, 370
roadside parks, rest areas, recreational park areas, PARK AND 371
RIDE FACILITIES, AND PARK AND CARPOOL OR VANPOOL FACILITIES, 372
scenic view areas, drainage systems, or land to replace wetlands 373
incident to any highway improvement, that the director is or may 374
be authorized to locate or construct. Title to property 376
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purchased or appropriated by the director shall be taken in the 377
name of the state either in fee simple or in any lesser estate or 378
interest that the director considers necessary or proper, in 379
accordance with forms to be prescribed by the attorney general. 380
The deed shall contain a description of the property and be 381
recorded in the county where the property is situated and, when 382
recorded, shall be kept on file in the department of 383
transportation.
Provided that when property, other than property used by a 385
railroad for operating purposes, is acquired in connection with 386
improvements involving projects affecting railroads wherein the 387
department is obligated to acquire property under grade 389
separation statutes, or on other improvements wherein the 390
department is obligated to acquire lands under agreements with 391
railroads, or with a public utility, political subdivision,
public corporation, or private corporation owning transportation 393
facilities for the readjustment, relocation, or improvement of 395
their facilities, a fee simple title or an easement may be 397
acquired by purchase or appropriation in the name of the 398
railroad, public utility, political subdivision, public 399
corporation, or private corporation in the discretion of the 400
director. When the title to lands, which are required to adjust, 401
relocate, or improve such facilities pursuant to agreements with 403
the director, is taken in the name of the state, the lands THEN, 404
in the discretion of the director, THE TITLE TO SUCH LANDS may be 405
conveyed in fee simple or the right acquired to the railroad, 407
public utility, political subdivision, or public corporation for 409
which they were acquired. The conveyance shall be prepared by 410
the attorney general and executed by the governor and bear the 411
great seal of the state of Ohio.
The director, in the maintenance or repair of state 413
highways, is not limited to the use of the materials with which 414
the highways, including the bridges and culverts thereon, were 415
originally constructed, but may use any material that is proper 417
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or suitable. The director may aid any board of county 418
commissioners in establishing, creating, and repairing suitable 419
systems of drainage for all highways within the jurisdiction or 420
control of the board and advise with it as to the establishment, 421
construction, improvement, maintenance, and repair of the 422
highways. 423
Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 425
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., 426
and 5535. of the Revised Code do not prohibit the federal 427
government, or any individual or corporation, from contributing a 428
portion of the cost of the establishment, construction, 429
reconstruction, relocating, widening, resurfacing, maintenance, 430
and repair of the highways. 431
Except in the case of maintaining, repairing, erecting 433
traffic signs on, or pavement marking of state highways within 434
villages, which is mandatory as required by section 5521.01 of 435
the Revised Code, and except as provided in section 5501.49 of 436
the Revised Code, no duty of constructing, reconstructing, 437
widening, resurfacing, maintaining, or repairing state highways 438
within municipal corporations, or the bridges and culverts 439
thereon, shall attach to or rest upon the director, but the 440
director may construct, reconstruct, widen, resurface, maintain, 442
and repair the same with or without the cooperation of any 443
municipal corporation, or with or without the cooperation of 444
boards of county commissioners upon each municipal corporation 445
consenting thereto. 446
Sec. 5501.32. The director of transportation may purchase 455
property in fee simple in the name of the state by warranty deed, 456
and all or any part of a tract of land when the acquisition of a 457
part of the land needed for highway purposes will result in 458
substantial damages to the residue by severance, controlled 459
access, or isolation. The warranty deed shall contain a 460
description of the property suitable for platting on tax maps. 461
Any instrument by which real property is acquired pursuant to 462
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this section shall identify the agency of the state that has the 463
use and benefit of the real property as specified in section 464
5301.012 of the Revised Code.
The director, in the name of the state, may sell all the 466
right, title, and interest of the state in any part of land not 467
required for highway purposes, provided the director shall have 468
the parcel of land appraised by a department prequalified 469
appraiser. 470
Except as otherwise provided in this section, the director 472
shall advertise the sale of land not required for highway 474
purposes in a newspaper of general circulation in the county in 475
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 477
public auction to the highest bidder for not less than two-thirds 478
of its appraised value, but the director may reject all bids that 479
are less than the full appraised value of the land. 480
If, however, land not required for highway purposes is 482
appraised as having a current fair market value of five thousand 484
dollars or less, the director may sell the land to the sole 485
abutting owner through a private sale at a price not less than 486
its appraised value. If there is more than one abutting owner, 487
the director may invite all of the abutting owners to submit 488
sealed bids and may sell the land to the highest bidder at not 489
less than its appraised value.
All expense incurred in the sale of each parcel of land 491
shall be paid out of the proceeds of the sale and the balance 492
shall be deposited in the highway fund from which the purchase 493
was made. 494
The deed to the purchaser of land under this section shall 497
be prepared by the auditor of state, executed by the governor,
countersigned by the secretary of state, and shall bear the great 499
seal of the state.
Sec. 5501.34. (A) In the event that circumstances alter 508
the highway requirements after the director of transportation has 509
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purchased and acquired property from the administrator of 510
workers' compensation or retirement board, or otherwise, so that 511
the REAL property, or part thereof, is no longer required for 512
highway purposes, the director, in the name of the state, may 513
sell all the right, title, and interest of the state in any of 514
the real property. As soon as reasonably practical after AFTER 515
determining that any A PARCEL of the real property is no longer 517
required for highway purposes, the director shall have the parcel 519
of land appraised by a department prequalified appraiser. 520
(B) Except as otherwise provided in this section, the 522
director shall advertise the sale OF REAL PROPERTY THAT IS NO 523
LONGER REQUIRED FOR HIGHWAY PURPOSES in a newspaper of general 525
circulation in the county in which the land REAL PROPERTY is 526
situated for at least two consecutive weeks prior to the date set 528
for the sale. The land REAL PROPERTY may be sold at public 529
auction to the highest bidder for not less than two-thirds of its 531
appraised value, but the director may reject all bids that are 532
less than the full appraised value of the land REAL PROPERTY. 533
However, if no sale has been effected after an effort to sell 535
under this paragraph DIVISION, the director may set aside the 536
appraisement APPRAISAL, order a new appraisement APPRAISAL, and, 538
except as otherwise provided in this section, readvertise the 540
property for sale.
(C) If land not REAL PROPERTY NO LONGER required for 542
highway purposes is appraised or reappraised as having a current 545
fair market value of five TWENTY thousand dollars or less, the 548
director may sell the land REAL PROPERTY to the sole abutting 549
owner through a private sale at a price not less than the 550
appraised value. If there is more than one abutting owner, the 551
director may invite all of the abutting owners to submit sealed 552
bids and may sell the land REAL PROPERTY to the highest bidder at 553
not less than its appraised value. 555
(D) If such land REAL PROPERTY NO LONGER REQUIRED FOR 557
HIGHWAY PURPOSES is APPRAISED OR reappraised as having a fair 558
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market value of one TWO thousand dollars or less, and no sale has 560
been effected after an effort to sell to the abutting owner or 562
owners, the director may readvertise and ADVERTISE THE SALE OF 563
SUCH REAL PROPERTY IN ACCORDANCE WITH DIVISION (B) OF THIS 564
SECTION. THE DIRECTOR MAY sell the land at public auction to the 566
highest bidder WITHOUT REGARD TO ITS APPRAISED VALUE, BUT THE
DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE FULL 567
APPRAISED VALUE OF THE REAL PROPERTY. 568
(E) THE DEPARTMENT SHALL PAY ALL EXPENSES INCURRED IN THE 570
SALE OF A PARCEL OF REAL PROPERTY OUT OF THE PROCEEDS OF THE SALE 571
AND SHALL DEPOSIT THE BALANCE OF THE PROCEEDS IN THE HIGHWAY FUND 573
USED TO ACQUIRE THAT PARCEL OF REAL PROPERTY.
(F) UPON A DETERMINATION THAT REAL PROPERTY PREVIOUSLY 575
ACQUIRED WITHIN A HIGHWAY IMPROVEMENT PROJECT CORRIDOR NO LONGER 576
IS NEEDED FOR HIGHWAY PURPOSES, THE DIRECTOR MAY OFFER THE 577
UNNEEDED PROPERTY TO ANOTHER LANDOWNER LOCATED WITHIN THAT 578
PROJECT'S CORRIDOR AS FULL OR PARTIAL CONSIDERATION FOR OTHER 579
REAL PROPERTY TO BE ACQUIRED FROM THE LANDOWNER. IF THE 580
LANDOWNER ACCEPTS THE OFFER, THE DIRECTOR SHALL CONVEY THE 581
UNNEEDED PROPERTY DIRECTLY TO THE LANDOWNER AT THE FULL FAIR 582
MARKET VALUE DETERMINED BY THE DEPARTMENT BY APPRAISAL. THE 583
DIRECTOR SHALL CREDIT THE VALUE OF THE UNNEEDED PROPERTY AGAINST 584
THE ACQUISITION PRICE OF THE PROPERTY BEING ACQUIRED BY THE 585
DEPARTMENT, AND THE LANDOWNER SHALL PAY THE DEPARTMENT THE 586
DIFFERENCE IF THE VALUE OF THE UNNEEDED PROPERTY EXCEEDS THE 587
ACQUISITION PRICE OF THE PROPERTY BEING ACQUIRED.
(G) Conveyances of the lands REAL PROPERTY UNDER THIS 589
SECTION shall be by deed executed by the governor, SHALL bear the 591
great seal of the state of Ohio, and shall be in the form as 592
prescribed by the attorney general. Section 5301.13 of the 593
Revised Code, relating to the sale of public lands, shall not 594
apply to conveyances made pursuant to this section. The director 595
shall keep a record of all such conveyances. THIS SECTION 596
APPLIES TO ALL REAL PROPERTY ACQUIRED BY THE DEPARTMENT, 597
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REGARDLESS OF HOW OR FROM WHOM THE PROPERTY WAS ACQUIRED.
Sec. 5501.45. (A) The director of transportation may 606
convey or transfer the fee simple estate or any lesser estate or 607
interest in, or permit the use of, for such period as the 608
director shall determine, any lands owned by the state and 609
acquired or used for the state highway system or for highways or 610
in connection with highways or as incidental to the acquisition 611
of land for highways, provided that the director determines, 612
after consulting with the director of natural resources, that the 614
property or interest conveyed or made subject to a permit to use 615
is not needed by the state for highway or recreation purposes. 616
Such conveyance, transfer, or permit to use may be to the grantee 617
or permittee or to the grantee or permittee and the grantee's or 618
its successors and assigns and shall be of such portion of such 620
lands as the director shall determine, which shall be described 621
in the deed, transfer, or other instrument or conveyance and in 622
any permit to use, and may include or be limited to areas or 623
space on, above, or below the surface, and also may include the 624
grant of easements or other interests in any such lands for use 625
by the grantee for buildings or structures or for other uses and 626
purposes, and for the support of buildings or structures 627
constructed or to be constructed on or in the lands or areas or 628
space conveyed or made subject to a permit to use.
(B) Whenever pursuant to this section separate units of 630
property are created in any lands, each unit shall for all 631
purposes constitute real property and shall be deemed real estate 632
within the meaning of all provisions of the Revised Code, shall 634
be deemed to be a separate parcel for all purposes of taxation 635
and assessment of real property, and no other unit or other part 636
of such lands shall be charged with the payment of such taxes and 637
assessments.
(C) With respect to any portion of the state highway 639
system not owned in fee simple by the state, the director may 640
permit the use of any portion thereof in perpetuity or for such 641
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period of time as the director shall specify, including areas or 642
space on, above, or beneath the surface, together with rights for 644
the support of buildings or structures constructed or to be 645
constructed thereon or therein, provided that the director 646
determines that the portion made subject to a right to use is not 647
needed by the state for highway purposes. 648
(D) The director shall require, as either a condition 650
precedent or a condition subsequent to any conveyance, transfer, 651
or grant or permit to use, that the plans and specifications for 652
all such buildings or structures and the contemplated use 653
thereof, be approved by the director as not interfering with the 654
use of the state highway system and not unduly endangering the 656
public. The director may require such indemnity agreements in 657
favor of the director and the public as shall be lawful and as 658
shall be deemed necessary by the director. The director shall 659
not unreasonably withhold approval of such plans, specifications, 660
and contemplated use.
(E)(1) All such conveyances, transfers, grants, or permits 662
to use that are made to state institutions, agencies, 663
commissions, instrumentalities, political subdivisions, or taxing 664
districts of the state, and institutions receiving financial 665
assistance from the state, shall be upon such consideration as 666
shall be determined by the director to be fair and reasonable, 667
without competitive bidding, and sections 5301.13 and 5515.01 of 668
the Revised Code, relating to the sale or use of public lands 669
shall not apply to conveyances, grants, transfers, or permits to 670
use made pursuant to this section DIVISION. AN INSTITUTION 671
RECEIVING FINANCIAL ASSISTANCE FROM THE STATE SHALL PROVIDE THE 672
DIRECTOR WITH ACCEPTABLE DOCUMENTARY EVIDENCE OF THE STATE LOAN, 673
GRANT, OR OTHER STATE FINANCIAL ASSISTANCE. All such 674
(2) AS USED IN THIS DIVISION, "INSTITUTION RECEIVING 676
FINANCIAL ASSISTANCE FROM THE STATE" INCLUDES ANY PUBLIC OR 677
PRIVATE ORGANIZATION, ESPECIALLY ONE OF A CHARITABLE, CIVIC, OR 678
EDUCATIONAL CHARACTER, IN RECEIPT OF A STATE LOAN, GRANT, OR 679
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OTHER TYPE OF STATE FINANCIAL ASSISTANCE.
(F) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 681
ALL conveyances, grants, or permits to use that are made to 683
private persons, firms, or corporations shall be to the highest 685
bidder at public auction CONDUCTED in accordance with the 687
procedure set forth in section 5501.32 5501.311 OR 5501.34 of the 688
Revised Code, AS APPLICABLE. 689
(G) In any case where the director has acquired or 691
acquires, for the state highway system, easements in or permits 692
to use areas or space on, above, or below the surface, the 693
director may extinguish them in whole or in part or subordinate 694
them to uses by others, provided that the director determines 695
that the easements or permit to use so extinguished or 697
subordinated are not needed by the state for highway purposes.
THE DIRECTOR SHALL MAKE ANY EXTINGUISHMENTS TO THE CURRENT 698
UNDERLYING FEE OWNER OF RECORD AT NO COST. 699
(H) No conveyance, transfer, easement, lease, permit, or 701
other instrument executed pursuant to the authorization given by 702
this section shall prejudice any right, title, or interest in any 703
lands affected thereby which at the date thereof existed in any 704
person, firm, or corporation, other than the state and other than 705
members of the general public having no specific rights in said 706
lands, unless the right, title, or interest was expressly subject 708
to the right of the state to make such conveyance or transfer, 709
grant such right, or execute such instrument, and unless the 710
state by such instrument expressly exercises such right, nor 711
shall any public utility be required to move or relocate any of 712
its facilities that may be located in or on the areas described 713
in any such conveyance, transfer, easement, lease, permit, or 714
other instrument.
Sec. 5501.50. (A) As used in this section, "agricultural 723
purposes" means commercial animal or poultry husbandry, or the 724
production for a commercial purpose of field crops, tobacco, 725
fruits, or vegetables. 726
17
(B) Whenever the director of transportation acquires real 728
property as provided in section 5501.32 of the Revised Code or 729
otherwise acquires real property in fee simple in the name of the 730
state for highway purposes and subsequently finds the property is 731
not needed for such purposes, or will not be needed for such 732
purposes for a period of two years or more following the date of 733
acquisition of the property, and the property is adjacent to or 734
in the near vicinity of property used for agricultural purposes, 735
the director may, at his THE DIRECTOR'S discretion, offer to 736
lease the property for agricultural purposes for one year at a 738
price consistent with rentals of adjacent agricultural lands in 739
the manner provided in divisions (C), (D), (E), (F), (G), (H), 740
and (I) of this section before conveying or transferring the fee 741
simple estate or any lesser estate or interest in the property, 742
or permitting its use by another. 743
(C) Real property shall be offered for lease by mailing a 745
notice, in writing, to each person who owns or leases property 746
being used for agricultural purposes that adjoins or is in the 747
near vicinity of the property. The notice shall include a 748
general description of the property offered for lease, the cost 749
of the lease, the manner in which the lease will be made, the 750
requirements of this section, a statement that the person shall 751
notify the director in writing within no more than four weeks 752
following mailing of the notice if the person is interested in 753
leasing the property, and such other information as the director 754
considers necessary. 755
(D) If the director receives information in writing from 757
two or more persons who are interested in leasing the real 758
property, one of whom is the owner of real property that adjoins 759
the property offered for lease, the director may lease the 760
property to that person. If the director receives such 761
information from two or more persons, two or more of whom are 762
owners of real property that adjoins the property offered for 763
lease, the director shall lease the property to the person whose 764
18
information is contained in the envelope bearing the earliest 765
postmark. 766
(E) Any lease made under this section shall be conditioned 768
upon the lessee's written agreement to maintain weed control on 769
the property. If the director has reasonable cause to believe 770
that such an agreement is violated, the director, or any of his 771
THE DIRECTOR'S authorized agents, may, at his THE DIRECTOR'S OR 773
AUTHORIZED AGENT'S discretion, do either of the following: 775
(1) Provide necessary weed control. The expense of 777
providing weed control shall be paid by the director out of any 778
appropriation to the department of transportation available for 779
the establishment, use, maintenance, or repair of highways and 780
the amount thereof shall be reimbursed by the lessee to the 781
department and if not reimbursed the amount thereof shall be 782
certified to the attorney general for collection by civil action 783
against the lessee of the property. 784
(2) File a complaint by petition in the court of common 786
pleas of the county in which the property is located. Upon a 787
finding by the court that a violation of the agreement exists as 788
alleged in the petition, the court shall enter an order of 789
abatement against the lessee of the property. 790
(F) If real property offered for lease as provided in this 792
section is located near a highway where the use of the property 793
for crops such as corn and wheat will obstruct the view of any 794
part of the highway from a person operating a vehicle on the 795
highway or on an intersecting highway or private road, or near an 796
airport where such use of the property may interfere with airport 797
safety, any lease made shall be conditioned upon the lessee's 798
written agreement to use the property for only crops that will 799
not create such an obstruction of the view of the highway or 800
interference with airport safety. If the director has reasonable 801
cause to believe that such an agreement is violated, the 802
director, or any of his THE DIRECTOR'S authorized agents, may, at 804
his THE DIRECTOR'S OR AUTHORIZED AGENT'S discretion, do either of 805
19
the following:
(1) Remove the crop or such part thereof as may be 807
necessary to ensure that the view of the highway will not be 808
obstructed, or that airport safety will not be reduced. The 809
expense of the removal shall be paid by the director out of any 810
appropriation to the department of transportation available for 811
the establishment, use, maintenance, or repair of highways and 812
the amount thereof shall be reimbursed by the lessee to the 813
department and if not reimbursed the amount thereof shall be 814
certified to the attorney general for collection by civil action 815
against the lessee of the property. 816
(2) File a complaint by petition in the court of common 818
pleas of the county in which the property is located. Upon a 819
finding by the court that a violation of the agreement exists as 820
alleged in the petition, the court shall enter an order of 821
abatement against the lessee of the property. 822
(G) The director may offer to renew annually any lease of 824
real property made under this section to the current lessee or 825
may offer the opportunity to lease to others in the manner and 826
subject to the requirements and limitations as provided for in 827
this section. 828
(H) The requirements of sections 5501.32, 5501.34, 830
5501.37, and 5501.45 of the Revised Code relating to the 831
appraisal, advertisement, manner of sale, and minimum sale price 832
of property not needed for highway purposes and the requirements 833
of sections 5501.34, 5501.37, and 5501.45 of the Revised Code 834
relating to the use of property not needed for highway purposes 835
for recreation purposes, do not apply to a lease or renewal of a 836
lease of real property made in accordance with this section. 837
(I) Except as provided in divisions (E)(1) and (F)(1) of 839
this section, all expense incurred in the lease of real property 840
under this section shall be paid out of the proceeds of the lease 841
and the balance shall be deposited in the highway fund from which 842
the purchase of the real property giving rise to the proceeds was 843
20
made. 844
(J) Nothing in this section shall be construed to permit 846
the director to acquire real property by appropriation for the 847
purpose of leasing it for agricultural purposes. 848
Sec. 5511.01. All state highways established by law shall 857
continue to be known as state highways, and the state highway 858
system established by law shall continue to be known as the state 859
highway system. 860
Before establishing any additional highways as part of the 862
state highway system, or making any SIGNIFICANT changes in 863
existing highways comprising the system, the director of 865
transportation shall give notice, by publication in one newspaper 866
of general circulation NOTIFY THE GENERAL COMMUNITY OF THE 867
PROJECT AND OFFER AN OPPORTUNITY FOR APPROPRIATE PUBLIC 868
INVOLVEMENT IN THE PROJECT PROCESS. 869
THE OPPORTUNITY FOR PUBLIC INVOLVEMENT SHALL SATISFY THE 871
REQUIREMENTS OF THE "NATIONAL ENVIRONMENTAL POLICY ACT OF 1969," 873
83 STAT. 852, 42 U.S.C.A. 4321, ET SEQ., AS AMENDED, AND MAY 874
CONSIST OF ACTIVITIES INCLUDING PUBLIC MEETINGS OR HEARINGS, 875
SMALL GROUP MEETINGS WITH LOCAL OFFICIALS, INDIVIDUAL MEETINGS, 876
NEWS RELEASES, PUBLIC NOTICES, WORKSHOPS, NEWSLETTERS, ELECTRONIC 877
COMMUNICATIONS, RADIO ANNOUNCEMENTS, MAIL NOTIFICATION, AND OTHER 879
ACTIVITIES CONSIDERED APPROPRIATE FOR THE EXCHANGE OF
INFORMATION. THE DIRECTOR OR THE DIRECTOR'S DESIGNEE SHALL 880
PROVIDE THE PUBLIC INVOLVEMENT ACTIVITIES in each of the counties 882
in which the highway proposed to be established is to be located 883
or in which it is proposed to make such changes, once each week 884
for two successive weeks. The notice shall state the time and 885
place of the hearing which shall be held in the county, or one of 886
the counties, in which the proposed highway or some part thereof 887
is to be situated, or in which it is proposed to make such 888
changes. The notice shall state the route of the proposed 889
highway or the change proposed to be made in an existing highway 890
of the system. The hearing shall be open to the public and the 891
21
director or a deputy designated by him shall attend and hear any 892
proof offered on the matter. Any. 893
ANY changes made in existing highways by the director or 895
any additional highways established by him THE DIRECTOR following 896
the hearing PUBLIC INVOLVEMENT ACTIVITIES shall be certified to 898
the following authorities interested therein: the legislative 899
authority of municipalities, board of county commissioners, board 900
of township trustees, municipal, county, and regional planning 901
commissions, and the municipal, township, or county officer 902
authorized to issue land use or building permits. Before any 903
zoning change or subdivision plat is approved and before any 904
permit for land use or the erection, alteration, or moving of a 905
building is granted affecting any land within three hundred feet 906
of the center line of a proposed new highway or highway for which 907
changes are proposed, as described in the certification by the 908
director, or within a radius of five hundred feet from the point 909
of intersection of that center line with any public road or 910
highway, the authority authorized to approve the zoning change or 911
subdivision plat or the authority authorized to grant the permit 912
for land use or the erection, alteration, or moving of the 913
building shall give notice, by certified mail, to the director, 914
and shall not approve a zoning change or subdivision plat or 915
grant a permit for land use or the erection, alteration, or 916
moving of a building for one hundred twenty days from date notice 917
is received by the director. During the one hundred twenty day 918
period and any extension of it as may be agreed to between the 919
director and any property owner, notice of which has been given 920
to the authority to which the application has been made, the 921
director shall proceed to acquire any land needed by purchase or 922
gift, or by initiating proceedings to appropriate, or make a 923
finding that acquisition at such time is not in the public 924
interest. Upon purchase, initiation of appropriation 925
proceedings, or a finding that acquisition is not in the public 926
interest, the director shall notify the authority from which 927
22
notice was received of that action. Upon being notified that the 928
director has purchased or initiated proceedings to appropriate 929
the land that authority shall refuse to rezone land or to approve 930
any subdivision plat that includes the land which the director 931
has purchased or has initiated proceedings to appropriate, and 932
that authority shall refuse to grant a permit for land use or the 933
erection, alteration, or moving of a building on the land which 934
the director has purchased or initiated proceedings to 935
appropriate. Upon notification that the director has found 936
acquisition at that time not to be in the public interest, or 937
upon the expiration of the one hundred twenty day period or any 938
extension thereof, if no notice has been received from the 939
director, that authority shall proceed in accordance with law. 940
A report of the change or addition shall be filed in the 942
office of the director, and the report of the director making the 943
change or establishing the highway shall be placed on file in the 944
office of the department of transportation. 945
In no event shall the total mileage of the state highway 947
system be increased under this section to exceed two hundred 948
miles in one year. 949
The director, upon petition of the boards of the counties 951
traversed thereby or of citizens of such counties, may officially 952
assign to a highway of the state highway system a distinctive 953
name, commemorative of a historical event or personage, or 954
officially assign thereto a commonly accepted and appropriate 955
name by which the highway is known. The 956
THE director may, upon giving APPROPRIATE notice and 959
holding a hearing OFFERING THE OPPORTUNITY FOR PUBLIC INVOLVEMENT 960
AND COMMENT, abandon a highway on the state highway system or 961
part thereof which he THE DIRECTOR determines is of minor 963
importance or which traverses territory adequately served by 964
another state highway, and the abandoned highway shall revert to 965
a county or township road or municipal street. A report covering 966
such action shall be filed in the office of the director, and the 967
23
director shall certify his THE action to the board of the county 969
in which the highway or portion thereof so abandoned is situated. 970
The director shall make a map showing thereon, by 972
appropriate numbering or other designation, all the state 973
highways. The map shall be kept on file in his THE DIRECTOR'S 974
office and he THE DIRECTOR shall cause the same to be corrected 975
and revised to show all changes and additions to the date of such 977
correction. A copy of the map, certified by the director as a 978
correct copy of the map on file in his THE DIRECTOR'S office, 979
shall be admissible as evidence in any court to prove the 981
existence and location of the several highways and roads of the 982
state highway system.
The state highway routes into or through municipal 984
corporations, as designated or indicated by state highway route 985
markers erected thereon, are state highways and a part of the 986
state highway system. The director may erect state highway route 987
markers and such other signs directing traffic as he THE DIRECTOR 989
thinks proper upon those portions of the state highway system 990
lying within municipal corporations, and the consent of the 991
municipal corporations to such erection and marking shall not be 992
necessary. However, the director may erect traffic signs in 993
villages in accordance with section 5521.01 of the Revised Code. 994
No change in the route of any highway through a municipal 995
corporation shall be made except after notice and hearing 996
PROVIDING PUBLIC INVOLVEMENT ACTIVITIES. 997
Except as provided in sections 5501.49 and 5517.04 of the 999
Revised Code, no duty of constructing, reconstructing, 1,000
maintaining, and repairing such state highways within municipal 1,001
corporations shall attach to or rest upon the director. The 1,002
director may enter upon such state highways within any municipal 1,003
corporation and construct, reconstruct, widen, improve, maintain, 1,004
and repair them, provided the municipal corporation first 1,005
consents thereto by resolution of its legislative authority, 1,006
except that he THE DIRECTOR need not obtain the consent of the 1,007
24
municipal corporation if the existing highway being changed or 1,009
the location of an additional highway being established was not 1,010
within the corporate limits of the municipal corporation at the 1,011
time such establishment or change was journalized IS APPROVED by 1,012
the director, or if the director is acting pursuant to section 1,014
5501.49 of the Revised Code. 1,015
The director shall place in the files of the department a 1,017
record of the routes of all such state highways within municipal 1,018
corporations, and shall cause them to be corrected and revised to 1,019
show all changes and additions to the date of the correction. A 1,020
copy of the record or any pertinent part thereof, certified by 1,021
the director to be a true and correct copy, shall be admissible 1,022
in evidence in any court of the state for the purpose of proving 1,023
the existence and location of any state highway within a 1,024
municipal corporation. 1,025
When the director proposes to change an existing state 1,027
highway and there exists upon the highway a separated railroad 1,028
crossing, the director shall mail to the interested railroad 1,029
company a copy of the notice which shall be mailed by first-class 1,030
mail, postage prepaid, and certified with return receipt 1,031
requested, at least two weeks before the time fixed for hearing 1,032
ANY PUBLIC INVOLVEMENT ACTIVITY. When the director proposes to 1,034
change an existing state highway within a municipal corporation 1,035
he, THE DIRECTOR shall mail to the mayor or other chief executive 1,038
officer of the municipal corporation a copy of the notice which 1,039
shall be mailed by first-class mail, postage prepaid, and 1,040
certified with return receipt requested, at least two weeks 1,041
before the time fixed for hearing ANY PUBLIC INVOLVEMENT 1,042
ACTIVITY.
Nothing in this section shall be construed to require 1,044
notice and hearing PROVIDING PUBLIC INVOLVEMENT ACTIVITIES before 1,046
the construction, reconstruction, maintenance, improvement, or 1,047
widening of an existing highway where no relocation is involved. 1,048
With the exception of the authority conferred upon the 1,050
25
director by this section, to erect state highway route markers 1,051
and signs directing traffic, and by section 5501.49 of the 1,052
Revised Code, Chapters 5501., 5503., 5511., 5513., 5515., 5516., 1,053
5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 1,054
5533., and 5535. of the Revised Code, shall not in any way 1,055
modify, limit, or restrict the authority conferred by section 1,056
723.01 of the Revised Code upon municipal corporations to 1,057
regulate the use of streets and to have the care, supervision, 1,058
and control of the public highways, streets, avenues, alleys, 1,059
sidewalks, public grounds, bridges, aqueducts, and viaducts 1,060
within the municipal corporations and to keep them, subject to 1,061
division (B)(3) of section 2744.02 of the Revised Code, open, in 1,062
repair, and free from nuisance. 1,063
Sec. 5511.07. In pursuance of section 5501.31 of the 1,072
Revised Code, the director of transportation, in vacating any 1,073
highway or portion thereof on the state highway system that the 1,075
director finds is no longer necessary for the purposes of a
public highway, shall issue such a finding, which shall contain a 1,077
description of the highway or part thereof to be vacated. Notice 1,078
of such finding shall be published once a week, for two 1,079
consecutive weeks, in a newspaper of general circulation in the 1,080
county in which the highway, or part thereof, to be vacated lies, 1,081
and a copy of the notice shall be served as in civil cases, or by 1,082
registered first class mail, return receipt requested, upon each 1,083
owner of property abutting on the portion of the highway to be 1,084
vacated, and upon the director of natural resources. Any owner 1,085
whose place of residence is unknown, or who is a nonresident of 1,086
the state, shall be specifically named in the notice of 1,087
publication and shall be directed in the finding to take due 1,088
notice of the contents thereof. THE DIRECTOR SHALL MAKE ANY 1,089
VACATION OF A HIGHWAY OR PORTION OF A HIGHWAY TO AN ABUTTING
LANDOWNER OR CURRENT UNDERLYING FEE OWNER OF RECORD AT NO COST. 1,090
The notice shall fix a date, not less than twenty days 1,092
after the date of the final publication of the notice, and shall 1,094
26
contain a determination that on or before that date claims for 1,095
compensation and damage, or either, by reason of the vacation
proceedings, must be filed in writing, in duplicate, with the 1,096
district deputy director of transportation in whose district lies 1,097
any portion of the highway to be vacated. Failure to file claims 1,099
in that manner is a waiver of any claim for damage by reason of 1,100
the vacation.
After considering any claims filed, the director shall make 1,102
awards as the director considers just and equitable, and if, 1,104
within ten days, the amount so awarded has not been accepted and 1,105
waivers therefor signed, that amount shall be deposited in the 1,106
probate court or court of common pleas of the county in which the 1,107
vacation lies, wholly or in part, and the procedure to adjudicate 1,108
such claims shall be that provided under section 5519.01 of the 1,109
Revised Code.
No final determination shall be made by the director in 1,111
vacating such highway or portion thereof until all awards are 1,112
accepted, or deposit therefor made, in the probate court or court 1,113
of common pleas. 1,114
NO PUBLIC UTILITY SHALL BE REQUIRED TO MOVE OR RELOCATE ANY 1,116
OF ITS FACILITIES THAT MAY BE LOCATED IN OR ON ANY HIGHWAY OR 1,117
PORTION THEREOF BEING VACATED. ANY DEED, TRANSFER, OR OTHER 1,118
INSTRUMENT OR CONVEYANCE MADE BY REASON OF THE VACATION SHALL 1,119
INDICATE THE RIGHT OF ANY PUBLIC UTILITY TO CONTINUE ITS USE OR 1,120
OCCUPATION OF THE HIGHWAY OR PORTION OF THE HIGHWAY BEING 1,121
VACATED.
Sec. 5515.02. All individuals, firms, and corporations 1,130
using or occupying any part of a road or highway on the state 1,131
highway system, or the bridges or culverts thereon, with 1,132
telegraph or telephone lines, steam, electrical, or industrial 1,133
railways, oil, gas, water, or other pipes, mains, conduits, or 1,134
any object or structure, other than by virtue of a franchise or 1,135
permit granted and in force, shall remove from the bounds of the 1,137
road, OR highway, bridge, or culvert, their poles and wires 1,138
27
connected therewith, and any tracks, switches, spurs, or oil, 1,139
gas, water, or other pipes, mains, conduits, or other objects or 1,140
structures, when in the opinion of the director of transportation 1,141
they constitute obstructions in the roads, highways, bridges, or 1,143
culverts, or THEY interfere or may interfere with the
contemplated construction, reconstruction, improvement, 1,145
maintenance, or repair, OR USE BY THE TRAVELING PUBLIC of the 1,147
roads, OR highways, bridges, or culverts or with their use by the 1,149
traveling public.
All individuals, firms, or corporations so occupying any 1,151
road or highway on the state highway system, or the bridges or 1,152
culverts thereon, under and by virtue of a franchise or permit 1,153
granted and in force, shall relocate their properties and all 1,154
parts thereof within the bounds of the road, OR highway, bridge, 1,156
or culvert when in the opinion of the director they constitute
obstructions in the road, highway, bridge, or culvert, or THEY 1,158
interfere with or may interfere with the contemplated
construction, reconstruction, improvement, maintenance, or 1,160
repair, OR USE of the road, OR highway, bridge, or culvert or 1,161
with its use. The relocation within the bounds of the road, OR 1,163
highway, bridge, or culvert shall be in the manner and to the 1,164
extent prescribed by the director. 1,165
If, in the opinion of the director, such individuals, 1,167
firms, or corporations have obstructed any road or highway on the 1,168
state highway system, or the bridges or culverts thereon, or if 1,169
any of their properties, in the director's opinion, are so 1,170
located that they do or may interfere with the contemplated 1,172
construction, reconstruction, improvement, maintenance, or 1,173
repair, OR USE of the road, OR highway, bridge, or culvert, or 1,176
with the use of the road, highway, bridge, or culvert by the 1,177
traveling public, the director shall notify such individual, 1,178
firm, or corporation directing the removal of the obstruction or 1,179
properties, or the relocation of the properties, and, if such. 1,180
IF THE individual, firm, or corporation does not within five days 1,183
28
from the service of the notice proceed to remove or relocate the 1,184
obstruction or properties and complete the removal or relocation 1,185
within a reasonable time, the director may remove or relocate the 1,187
same by employing the necessary labor, tools, and equipment. The 1,188
ANY NOTICE REQUIRED UNDER THIS SECTION SHALL BE MADE BY PERSONAL 1,189
SERVICE, CERTIFIED MAIL, OR EXPRESS MAIL.
IF, IN THE DIRECTOR'S OPINION, THE OBSTRUCTION OR 1,191
PROPERTIES PRESENT AN IMMEDIATE AND SERIOUS THREAT TO THE SAFETY 1,192
OF THE TRAVELING PUBLIC, THE DIRECTOR MAY REMOVE OR RELOCATE THE 1,193
OBSTRUCTION OR PROPERTIES WITHOUT PRIOR NOTICE. 1,194
WHEN THE DIRECTOR PERFORMS A REMOVAL OR RELOCATION UNDER 1,196
THIS SECTION, THE costs and expenses shall be paid by the 1,197
director out of any appropriation of the department of 1,199
transportation available for the establishment, construction, 1,200
reconstruction, improvement, maintenance, or repair of highways, 1,201
and the amount thereof shall be certified to the attorney general 1,202
for collection by civil action. Notice of the action shall be 1,203
made by personal service or by certified mail. 1,204
AS USED IN THIS SECTION, "ROAD" OR "HIGHWAY" HAS THE SAME 1,206
MEANING AS IN SECTION 5501.01 OF THE REVISED CODE AND ALSO 1,207
INCLUDES ANY PART OF THE RIGHT OF WAY. 1,208
Sec. 5515.04. Telegraph and telephone UTILITY poles along 1,217
the public highway may be used for the purpose of attaching 1,219
thereto or placing thereon, signposts, guideposts, warning signs, 1,220
or other signs when prescribed by the director of transportation 1,221
or county engineer.
Sec. 5521.01. The director of transportation, upon the 1,230
request by and the approval of the legislative authority of a 1,231
village, shall maintain, repair, and apply standard longitudinal 1,232
pavement marking lines as the director considers appropriate, or 1,234
may establish, construct, reconstruct, improve, or widen any 1,235
section of a state highway within the limits of a village. The 1,236
director also may erect regulatory and warning signs, as defined 1,237
in the manual adopted under section 4511.09 of the Revised Code, 1,238
29
on any section of a state highway within the limits of a village. 1,239
The director may establish, construct, reconstruct, improve, 1,240
widen, maintain, or repair any section of state highway within 1,241
the limits of a city, including the elimination of railway grade 1,242
crossings, and pay the entire or any part of the cost and expense 1,243
thereof from state funds, but in all cases the director first 1,245
shall obtain the consent of the legislative authority of the
municipal corporation, except that the director need not obtain 1,247
the consent of the municipal corporation if the existing highway 1,248
being changed or the location of an additional highway being 1,249
established was not within the corporate limits of the municipal 1,250
corporation at the time the director determines the establishment 1,251
or change should be made, or if the director is acting pursuant 1,253
to section 5501.49 of the Revised Code. 1,254
Except as provided in section 5501.49 of the Revised Code, 1,256
when in the opinion of the director there is urgent need to 1,257
establish a state highway, which is to be designated a federal 1,258
aid highway, or a federal aid interstate highway within a 1,259
municipal corporation or, in the opinion of the director, any 1,260
federal aid highway or interstate federal aid highway is in 1,261
urgent need of repair, reconstruction, widening, improvement, or 1,262
relocation, so as to accommodate the traveling public, the 1,263
director shall submit a written request to the legislative 1,264
authority of the municipal corporation for its consent to the 1,265
desired establishment or improvement. The legislative authority, 1,266
within sixty days after the written request has been received 1,268
from the director, either shall grant its consent to the 1,269
establishment or improvement or refuse consent by filing in
writing with the director a statement of its reasons for refusing 1,270
consent and any alternate proposals it considers reasonable. If 1,271
the legislative authority fails to act or refuses consent, the 1,272
director, upon consideration of the reasons for rejection, may 1,274
make a resolution declaring the necessity of the establishment or 1,275
improvement, and then proceed in the same manner as if consent 1,276
30
had been given. A certified copy of the resolution shall be 1,277
served upon the municipal legislative authority, which, within 1,278
twenty days from the date of service, may appeal to the court of 1,279
common pleas of the county in which the municipal corporation is 1,280
situated, upon the reasonableness and necessity of the action 1,281
provided for in the resolution. In the hearing upon appeal, the 1,282
director shall introduce the record of the director's 1,283
proceedings, including the director's findings with respect to 1,285
factors referred to in section 5521.011 of the Revised Code, and 1,286
such other competent evidence as the director desires in support 1,287
of the director's resolution, and the municipality likewise may 1,288
introduce competent evidence opposing the resolution, and 1,289
findings. The court may affirm or revoke the resolution. The 1,290
decision of the common pleas court may be appealed to the court 1,291
of appeals and the supreme court as in other cases. If the court 1,292
affirms the resolution, the director may proceed with the 1,293
establishment or improvement with or without the cooperation of 1,294
the municipal corporation. Any such municipal corporation may 1,295
cooperate with the director in the work and pay such portion of 1,296
the cost as is agreed upon between the municipal corporation and 1,297
the director. The legislative authority of any municipal 1,298
corporation desiring to cooperate, by resolution, may propose 1,299
such cooperation to the director, and a copy of the resolution, 1,300
which shall set forth the proportion of the cost and expense to 1,301
be contributed by the municipal corporation, shall be filed with 1,302
the director. The director shall cause to be prepared the 1,303
necessary surveys, plans, profiles, cross sections, estimates, 1,304
and specifications and shall file copies of them with the 1,306
legislative authority of the municipal corporation. After the 1,308
legislative authority has approved the surveys, plans, profiles, 1,309
cross sections, estimates, and specifications, and after the 1,310
municipal corporation has provided the funds necessary to meet 1,311
the portion of the cost of the work assumed by it, the municipal 1,312
corporation shall enter into a contract with the state providing 1,313
31
for payment by the municipal corporation of the agreed portion of 1,314
the cost. The form of the contract shall be prescribed by the 1,315
attorney general, and such contracts shall be submitted to the 1,316
director and approved before advertising for THE RECEIPT OF bids. 1,317
Section 5705.41 of the Revised Code applies to such contract to 1,318
be made by the municipal corporation, and a duplicate of the 1,319
certificate of the chief fiscal officer of the municipal 1,320
corporation shall be filed in the office of the director. That 1,321
part of the cost of the work assumed by the municipal corporation 1,322
shall be paid from the proceeds of taxes or special assessments, 1,323
or both, or from the proceeds of notes or bonds issued and sold 1,324
in anticipation of the collection of the taxes and assessments. 1,325
For the purpose of providing funds for the payment of that part 1,326
of the cost of the work assumed by the municipal corporation, the 1,327
municipal corporation has the same authority to make special 1,328
assessments, levy taxes, and issue bonds or notes, in 1,329
anticipation of the collection of the same, as it has with 1,330
respect to improvements constructed under the sole supervision 1,331
and control of the municipal corporation. All such assessments 1,332
shall be made, taxes levied, and bonds or notes issued and sold 1,333
under such conditions and restrictions as may be provided with 1,334
respect to assessments, taxes, bonds, or notes made, levied, 1,335
issued, or sold in connection with improvements of the same class 1,336
and character constructed under the sole supervision and control 1,337
of the municipal corporation. The improvement shall be 1,338
constructed under the sole supervision of the director. The 1,339
proportion of the cost and expense payable by the municipal 1,340
corporation shall be paid by the proper officers thereof, upon 1,341
the requisition of the director, and at times during the progress 1,342
of the work as may be determined by the director or as may be 1,343
otherwise provided by law. 1,344
Sec. 5525.14. (A) Notwithstanding sections 125.01 to 1,353
125.11 of the Revised Code, the director of transportation, by 1,355
written instruction to the contractor, may increase the
32
quantities of any item specified or not specified in a 1,356
competitively bid construction contract but, except as provided 1,357
in division (B) of this section, the additional cost incurred by 1,358
the increase shall not exceed the lesser of one hundred thousand 1,359
dollars or five per cent of the total contract price. Any such 1,360
provision for increased quantities or extra work shall be made in
the form of a written change to the original contract and does 1,361
not require competitive bidding. 1,362
(B) The one hundred thousand dollar or five per cent 1,364
restriction in division (A) of this section does not apply to 1,365
change orders or extra work contracts WHEN THE TOTAL DOLLAR 1,366
AMOUNT OF THE INCREASE IS TWENTY-FIVE THOUSAND DOLLARS OR LESS OR 1,368
TO CHANGE ORDERS OR EXTRA WORK CONTRACTS resulting from any of 1,369
the following:
(1) An increase in the plan quantity that is determined 1,371
during the final measurement of an item of work. 1,372
(2) Federally mandated requirements that did not exist at 1,374
the time of the original contract award. 1,375
(3) Circumstances that would create a life-, safety-, or 1,377
health-threatening situation or would unduly delay the completion 1,378
of a project and increase its costs, but only if the director 1,379
makes a finding of such fact, declares an emergency, and issues 1,380
the finding. Extra work that the director contracts for in these 1,383
circumstances may include not only construction needed to
complete a project, but also adjustments needed to meet changed 1,385
conditions, alterations in original plans, unforeseen 1,386
contingencies, or payments necessitated by contract terminations
or suspensions. 1,387
All change orders or extra work contracts set forth in 1,389
division (B) of this section shall be reported to the controlling 1,390
board quarterly in writing.
(C) The director, by written instruction to the 1,392
contractor, may decrease or cancel the quantity of any item 1,393
specified in a contract or portion of a contract and authorize 1,394
33
payment to the contractor for reasonable costs incurred to date. 1,395
Sec. 5525.23. (A) THE DIRECTOR OF TRANSPORTATION MAY 1,397
INCLUDE IN ANY CONSTRUCTION CONTRACT A PROVISION AUTHORIZING A 1,399
BINDING DISPUTE RESOLUTION METHOD FOR ANY CONTROVERSY 1,401
SUBSEQUENTLY ARISING OUT OF THE CONTRACT. THE BINDING DISPUTE 1,402
RESOLUTION METHOD MAY PROCEED ONLY UPON AGREEMENT OF ALL PARTIES 1,403
TO THE CONTROVERSY. IF ALL PARTIES DO NOT AGREE TO PROCEED TO 1,404
BINDING DISPUTE RESOLUTION, A PARTY HAVING A CLAIM AGAINST THE 1,405
DEPARTMENT OF TRANSPORTATION SHALL EXHAUST ITS ADMINISTRATIVE 1,406
REMEDIES SPECIFIED IN THE CONSTRUCTION CONTRACT PRIOR TO FILING 1,407
ANY ACTION AGAINST THE DEPARTMENT IN THE COURT OF CLAIMS. 1,408
NO APPEAL FROM THE DETERMINATION OF A TECHNICAL EXPERT LIES 1,410
TO ANY COURT, EXCEPT THAT THE COURT OF COMMON PLEAS OF FRANKLIN 1,411
COUNTY MAY ISSUE AN ORDER VACATING SUCH A DETERMINATION UPON 1,412
APPLICATION OF ANY PARTY TO THE BINDING DISPUTE RESOLUTION IF ANY 1,413
OF THE FOLLOWING APPLIES: 1,414
(1) THE DETERMINATION WAS PROCURED BY CORRUPTION, FRAUD, 1,416
OR UNDUE MEANS. 1,417
(2) THERE WAS EVIDENT PARTIALITY OR CORRUPTION ON THE PART 1,419
OF THE TECHNICAL EXPERT. 1,420
(3) THE TECHNICAL EXPERT WAS GUILTY OF MISCONDUCT IN 1,422
REFUSING TO POSTPONE THE HEARING, UPON SUFFICIENT CAUSE SHOWN, OR 1,423
IN REFUSING TO HEAR EVIDENCE PERTINENT AND MATERIAL TO THE 1,424
CONTROVERSY, OR OF ANY OTHER MISBEHAVIOR BY WHICH THE RIGHTS OF 1,425
ANY PARTY HAVE BEEN PREJUDICED. 1,426
(B) THE DIRECTOR, NOT LATER THAN THE FIRST DAY OF FEBRUARY 1,428
OF EVERY YEAR, SHALL PROVIDE THE GOVERNOR, THE ATTORNEY GENERAL, 1,429
THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES WITH A WRITTEN LIST DETAILING THE CLAIMS RESOLVED
IN THE MANNER PROVIDED BY DIVISION (A) OF THIS SECTION DURING THE 1,430
PRECEDING CALENDAR YEAR. 1,431
(C) AS USED IN THIS SECTION, "BINDING DISPUTE RESOLUTION" 1,433
MEANS A BINDING DETERMINATION AFTER REVIEW BY A TECHNICAL EXPERT 1,434
OF ALL RELEVANT ITEMS, WHICH MAY INCLUDE DOCUMENTS, AND BY 1,435
34
INTERVIEWING APPROPRIATE PERSONNEL AND VISITING THE PROJECT SITE 1,436
INVOLVED IN THE CONTROVERSY. "BINDING DISPUTE RESOLUTION" DOES 1,437
NOT INVOLVE REPRESENTATION BY LEGAL COUNSEL OR ADVOCACY BY ANY 1,438
PERSON ON BEHALF OF ANY PARTY TO THE CONTROVERSY. 1,439
Sec. 5537.02. (A) There is hereby created a commission to 1,449
be known as the "Ohio turnpike commission." The commission is a 1,450
body both corporate and politic, constituting an instrumentality 1,451
of the state, and the exercise by it of the powers conferred by 1,452
this chapter in the construction, operation, and maintenance of 1,453
the Ohio turnpike system are and shall be held to be essential 1,454
governmental functions of the state, but the commission shall not 1,455
be immune from liability by reason thereof. The commission is 1,456
subject to all provisions of law generally applicable to state 1,457
agencies which do not conflict with this chapter. 1,458
(B)(1) The commission shall consist of seven members as 1,460
follows: 1,461
(a) Four members appointed by the governor with the advice 1,463
and consent of the senate, no more than two of whom shall be 1,464
members of the same political party; 1,465
(b) The director of transportation who shall be a member 1,467
ex officio without compensation; 1,468
(c) One member of the senate, appointed by the president 1,470
of the senate, who shall represent either a district in which is 1,472
located or through which passes a portion of a turnpike project 1,473
that is part of the Ohio turnpike system or a district located in 1,474
the vicinity of a turnpike project that is part of the Ohio 1,475
turnpike system;
(d) One member of the house of representatives, appointed 1,477
by the speaker of the house of representatives, who shall 1,478
represent either a district in which is located or through which 1,479
passes a portion of a turnpike project that is part of the Ohio 1,481
turnpike system or a district located in the vicinity of a
turnpike project that is part of the Ohio turnpike system. 1,482
(2) The members appointed by the governor shall be 1,484
35
residents of the state, shall have been qualified electors 1,485
therein for a period of at least five years next preceding their 1,486
appointment, and shall serve terms of eight years commencing on 1,487
the first day of July and ending on the thirtieth day of June. 1,488
Those members appointed by the president of the senate or the 1,489
speaker of the house of representatives shall serve a term of the 1,490
remainder of the general assembly during which the senator or 1,491
representative is appointed. Each appointed member shall hold 1,492
office from the date of appointment until the end of the term for 1,494
which the member was appointed. If a commission member dies or
resigns, or if a senator, representative, or the director of 1,495
transportation who is a member of the commission ceases to be a 1,496
senator, representative, or the director of transportation, the 1,497
vacancy shall be filled in the same manner as provided in 1,498
division (B)(1) of this section. Any member who fills a vacancy 1,499
occurring prior to the end of the term for which the member's 1,500
predecessor was appointed shall, if appointed by the governor, 1,502
hold office for the remainder of such term or, if appointed by 1,503
the president of the senate or the speaker of the house of 1,504
representatives, shall hold office for the remainder of the term 1,505
or for a shorter period of time as determined by the president or 1,506
the speaker. Any member appointed by the governor shall continue 1,507
in office subsequent to the expiration date of the member's term 1,508
until the member's successor takes office, or until a period of 1,510
sixty days has elapsed, whichever occurs first. A member of the 1,511
commission is eligible for reappointment. Each member of the 1,512
commission appointed by the governor, before entering upon his 1,513
THE MEMBER'S duties, shall take an oath as provided by Section 7 1,515
of Article XV, Ohio Constitution. The governor, the president of 1,516
the senate, or the speaker of the house of representatives, may 1,517
at any time remove their respective appointees to the commission 1,518
for misfeasance, nonfeasance, or malfeasance in office. 1,519
(3) A member of the commission who is appointed by the 1,521
president of the senate or the speaker of the house of 1,522
36
representatives shall not participate in any vote of the 1,523
commission. Serving as an appointed member of the commission 1,524
under divisions (B)(1)(c), (1)(d), or (2) of this section does 1,525
not constitute grounds for resignation from the senate or the 1,526
house of representatives under section 101.26 of the Revised 1,527
Code. 1,528
(C) The voting members of the commission shall elect one 1,530
of the appointed voting members as chairperson and another as 1,531
vice-chairperson, and shall appoint a secretary-treasurer who 1,533
need not be a member of the commission. Three of the voting 1,534
members of the commission constitute a quorum, and the 1,535
affirmative vote of three voting members is necessary for any 1,536
action taken by the commission. No vacancy in the membership of 1,537
the commission impairs the rights of a quorum to exercise all the 1,538
rights and perform all the duties of the commission. 1,539
(D) Each member of the commission appointed by the 1,541
governor shall give a surety bond to the commission in the penal 1,542
sum of twenty-five thousand dollars and the secretary-treasurer 1,543
shall give such a bond in at least the penal sum of fifty 1,544
thousand dollars. The commission may require any of its officers 1,545
or employees to file surety bonds including a blanket bond as 1,546
provided in section 3.06 of the Revised Code. Each such bond 1,547
shall be in favor of the commission and shall be conditioned upon 1,548
the faithful performance of the duties of the office, executed by 1,549
a surety company authorized to transact business in this state, 1,550
approved by the governor, and filed in the office of the 1,551
secretary of state. The costs of the surety bonds shall be paid 1,552
or reimbursed by the commission from revenues. Each member of 1,553
the commission appointed by the governor shall receive an annual 1,554
salary of five thousand dollars, payable in monthly installments. 1,555
EACH MEMBER OF THE COMMISSION APPOINTED BY THE GOVERNOR IS 1,556
ENTITLED TO HEALTH CARE BENEFITS COMPARABLE TO THOSE GENERALLY 1,557
AVAILABLE TO STATE OFFICERS AND EMPLOYEES UNDER SECTION 124.82 OF 1,558
THE REVISED CODE. IF SECTION 20 OF ARTICLE II, OHIO 1,561
37
CONSTITUTION, PROHIBITS THE OHIO TURNPIKE COMMISSION FROM PAYING 1,563
ALL OR A PART OF THE COST OF HEALTH CARE BENEFITS ON BEHALF OF A 1,564
MEMBER OF THE COMMISSION FOR THE REMAINDER OF AN EXISTING TERM,
THE MEMBER MAY RECEIVE THESE BENEFITS BY PAYING THEIR TOTAL COST 1,566
FROM THE MEMBER'S OWN FINANCIAL RESOURCES, INCLUDING PAYING BY 1,567
MEANS OF DEDUCTIONS FROM THE MEMBER'S SALARY. Each member shall 1,569
be reimbursed for the member's actual expenses necessarily 1,570
incurred in the performance of the member's duties. All costs 1,571
and expenses incurred by the commission in carrying out this 1,572
chapter shall be payable solely from revenues and state taxes, 1,573
and no liability or obligation shall be incurred by the 1,574
commission beyond the extent to which revenues have been provided 1,575
for pursuant to this chapter. 1,576
Sec. 5537.07. (A) When the cost to the Ohio turnpike 1,578
commission under any contract with a person other than a 1,579
governmental agency involves an expenditure of more than ten 1,580
THIRTY-FIVE thousand dollars, the commission shall make a written 1,582
contract with the lowest responsive and responsible bidder in 1,583
accordance with section 9.312 of the Revised Code after 1,584
advertisement for not less than two consecutive weeks in a 1,585
newspaper of general circulation in Franklin county, and in such 1,586
other publications as the commission determines, which notice 1,587
shall state the general character of the work and the general 1,588
character of the materials to be furnished, the place where plans 1,589
and specifications therefor may be examined, and the time and 1,590
place of receiving bids. The commission may reject any and all 1,591
bids. The requirements of this division do not apply to 1,592
contracts for the acquisition of real property or compensation 1,593
for professional or other personal services. 1,594
(B) Each bid for a contract for construction, demolition, 1,596
alteration, repair, improvement, renovation, or reconstruction 1,597
shall contain the full name of every person interested in it and 1,598
shall meet the requirements of section 153.54 of the Revised 1,599
Code. 1,600
38
(C) Each bid for a contract, other than for a contract 1,602
referred to in division (B) of this section, shall contain the 1,603
full name of every person interested in it and shall be 1,604
accompanied by a sufficient bond or certified check on a solvent 1,605
bank that if the bid is accepted a contract will be entered into 1,606
and the performance of its proposal secured. 1,607
(D) A bond with good and sufficient surety, approved by 1,609
the commission, shall be required of every contractor awarded a 1,610
contract, other than a contract referred to in division (B) of 1,611
this section, in an amount equal to at least fifty per cent of 1,612
the contract price, conditioned upon the faithful performance of 1,613
the contract. 1,614
Section 2. That existing sections 4561.01, 4561.05, 1,616
4561.15, 5501.20, 5501.31, 5501.32, 5501.34, 5501.45, 5501.50, 1,619
5511.01, 5511.07, 5515.02, 5515.04, 5521.01, 5525.14, 5537.02,
and 5537.07 and sections 4561.10, 4582.07, 4582.08, 4582.09, 1,621
4582.32, 4582.33, 4582.34, and 5501.37 of the Revised Code are 1,622
hereby repealed.