Ohio Code § 5553.043

§ 5553.043.

When any street, highway, or road, or a portion of any street, highway, or road, is

vacated pursuant to any section of this chapter or Chapter 5571. of the Revised Code,

and the relocation of any conduits, cables, wires, towers, poles, sewer lines, steam

lines, pipelines, gas and water lines, tracks, or other equipment or appliances of

any electric cooperative, railroad, or public utility, whether owned privately or

by any governmental authority, located on, over, or under the portion of the street,

highway, or road affected by the vacation, are not required for purposes of the vacating

authority, any affected electric cooperative, railroad, or public utility company

shall be deemed to have a permanent easement in the vacated portion of the street,

highway, or road for the purpose of accessing, maintaining, operating, renewing, reconstructing,

and removing those utility facilities.  The permanent easement also confers a right of ingress and egress to service and

maintain those utility facilities and a right to trim or remove any trees, shrubs,

brush, or other obstacles growing in or encroaching onto the permanent easement that

may affect the operation, use, or access to those utility facilities. Nothing in this section shall be construed to relieve an owner of the right to mine

coal who petitions for a proposed improvement from the obligation to pay the relocation

costs and expenses of public utility or electric cooperative facilities as provided

in this chapter or Chapter 5571. of the Revised Code. As used in this section, “ electric cooperative ” has the same meaning as in section 4928.01 of the Revised Code .