OHIO Revised Code 4955.36 (1999)

Every railroad company is required to destroy or remove plants, trees, brush, or other obstructive vegetation upon its right-of-way at each intersection with a public road or highway, for a distance of six hundred feet or a reasonably safe distance from the roadway of the public road as shall be determined by the Public Utilities Commission.

Whenever any railroad fails to destroy or remove such vegetation after 10 day written notice served on its local agent, the Commission, Board of County Commissioners, Board of Township Trustees, or legislative authority of a municipal corporation, in which the intersection is located, having the care of such road or highway, shall remove such plants, trees, brush, or other obstructive vegetation and shall recover the cost of removal from the responsible railroad company.

If the railroad company fails to pay the amount demanded with 30 days after notification by certified mail, the Commission, Board of County Commissioners, Board of Township Trustees, or legislative authority of a municipal corporation shall certify the amount demanded to the county auditor to be collected as other taxes and assessments and upon collection shall be credited to the general fund of the public body causing the work to be performed.

Q. When gates and lights are installed at a dangerous crossing, do the railroads pay for the equipment and installation since they own the tracks?
A. No. Taxpayer dollars (federal/state) for the most part pay for the safety devices. Even though the average upgrade project costs approximately $150,000, and federal/state taxpayer funds are used, there is no competitive bidding process. The railroads submit a cost breakdown (material, labor, plus additives) and states pay. There is no agency making sure we as taxpayers are getting the best for our tax dollars.

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