Ohio Code § 723.40

Ohio Code § 723.40. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 723.40.

No grant for the construction of a street railway under section 723.38 of the Revised Code shall be made, except to the corporation or individual that agrees to carry passengers

upon such proposed railway at the lowest rates of fare, and has previously obtained

the written consent of a majority of the property holders upon each street or part

thereof, on the line of the proposed railway, as represented by the foot frontage

of the property abutting on the several streets along which such railway is proposed

to be constructed.  When, within the year preceding, a street railway has been operated upon such street

or part thereof under a grant or renewal of a grant which has expired or will expire

within two years, it shall not be necessary to obtain the consent of the property

holders abutting thereon if the number of tracks on the street, public way, or part

thereof, is not increased beyond the number for which consent was originally obtained.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 723.40
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 723.40?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 723.40 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 723.40 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.