4931.06 Land held by a railroad company.

The right of a telegraph company to use lands held by a railroad company, for the permanent structures of the telegraph, is limited to land which lies within five feet of the outer limits of the right of way of the railroad, if it is practicable to erect the line within those limits. When the telegraph company seeks to appropriate lands that lie beyond those limits, its petition filed pursuant to section 163.05 of the Revised Code shall also set forth facts showing that it is impracticable to erect its line within such limits, and shall designate, by a survey map, by reference to monuments, or by other means of easy identification, the place where the company seeks to establish the line. If such petition is controverted by the railroad company in the manner provided for in division (B) of section 163.09 of the Revised Code, the court shall determine whether the erection of the line at the place designated will in any material degree interfere with the practical uses to which such railroad company is authorized to put the land. If satisfied that it will so interfere, the court shall reject the petition, or require the structure to be erected at such other place as it directs.

Effective Date: 01-01-1966