SB 316: Regards local government authority over railroad's right-of-way
This bill allows utility providers to conduct work in the interest of health, safety, or public benefit without the railroad company's permission if the work will result in an encroachment on their right-of-way. The utility provider can apply to the local government (municipal corporation or county board of commissioners) for permission to conduct the work instead of the railroad company. The local government must grant permission after giving reasonable notice to the affected railroad company.
| Nov. 05, 2025 | Referred to committee: Judiciary |
| Nov. 04, 2025 | Introduced |
As Introduced
136th General Assembly
Regular Session
Senator Brenner
To enact section 4963.50 of the Revised Code to 1
give specified local governments the authority 2
to unilaterally approve an encroachment on a 3
railroad company's right-of-way for certain 4
utility work.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4963.50 of the Revised Code be 6
enacted to read as follows: 7
Sec. 4963.50. (A) As used in this section, "utility 8
provider" has the same meaning as in section 5515.10 of the 9
Revised Code. 10
(B) Notwithstanding any provision of law to the contrary, 11
if a utility provider seeks to conduct work in the interest of 12
health, safety, or public benefit and that work will result in 13
an encroachment on a railroad company's right-of-way or near the 14
railroad company's right-of-way, the utility provider may, in 15
lieu of obtaining the railroad company's permission to engage in 16
such work, apply to either of the following for permission to 17
conduct the work: 18
(1) If the encroachment is proposed inside the territory 19
of a municipal corporation, the legislative authority of the 20
municipal corporation where the encroachment is proposed: 21
(2) If the encroachment is proposed outside of a municipal 22
corporation, the board of county commissioners of the county 23
where the encroachment is proposed. 24
(C) The legislative authority or board of county 25
commissioners may grant permission to a utility provider after 26
giving reasonable notice to any affected railroad company. 27