Ohio Code § 5523.10

§ 5523.10.

The property or rights therein, necessary in making a proposed grade crossing improvement

and any relocation of the highway, shall be purchased or appropriated by the director

of transportation, who may effect settlement for damages involved.  Any appropriation of property by the director shall be in accordance with sections 163.01 to 163.22 of the Revised Code .  The property, or rights therein, required to make any alterations in the railroad

or tracks, shall be purchased or appropriated, and damages resulting shall be paid

or determined by the railroad company involved after the manner provided for the appropriation

of private property by such companies.  Such company and the director may agree that the land or property may be purchased

or appropriated and damages resulting may be settled or determined by the director,

but he shall not appropriate land held or owned by a company and necessary for the

use of the company in maintaining and operating its road.  The grant of specific powers by this section does not limit the power of the director

to acquire property or rights therein, for any purpose reasonably necessary, incident

to the construction, reconstruction, maintenance, and repair of any grade elimination

or separation improvement, as the director is authorized by law to acquire for any

highway improvement.