The Transportation Unit serves as legal counsel to the Ohio Department of Transportation (ODOT) and the Ohio Rail Development Commission (ORDC). The unit represents ODOT in litigation and administrative matters that further ODOT’s mission to build and maintain a safe and efficient system of state highways. Unit attorneys appear on behalf of ODOT in all state and federal courts in Ohio (except the Ohio Court of Claims). The unit also provides advice to ORDC, usually through program incentives and loans.
Matters the Transportation Unit works on:
Eminent domain: Eminent domain is the right of the government to take private property for public use upon payment of just compensation. It is a right recognized under the Fifth Amendment to the U.S. Constitution and the Ohio Constitution. Eminent domain is used in a multitude of areas, including parks, schools, prisons and roads. The Transportation Unit’s eminent domain work involves the acquisition of real estate for highway construction projects.
ODOT’s process begins with planning and public meetings. Once an alignment is selected, surveyors, title agents, appraisers and negotiators all get involved in hopes of acquiring the property voluntarily. However, if a property owner and ODOT cannot agree on the value to be paid for the property, Ohio Revised Code Chapter 163 sets forth a process that entails the filing of a lawsuit and selection of a jury to determine the value to be paid for the property taken.
Bid disputes: The unit represents ODOT in disputes with contractors. While ODOT is the department that oversees highways and related transportation facilities, it relies upon private businesses to assist in its functions. Whether building a road, maintaining the right of way or repairing bridges, ODOT offers numerous contracts for public bid. These contracts are subject to various rules and regulations, but there can be only one successful bidder. Other bidders may dispute ODOT’s selection and may file a lawsuit. The unit defends ODOT on such claims.
Disadvantaged Business Enterprise Program: The DBE Program is a federal program operating under the guidance of the U.S. Department of Transportation. The goals of the DBE program are to:
- Ensure that firms owned and controlled by minorities, women and other socially and economically disadvantaged persons have the opportunity to grow and become self-sufficient
- Create a level playing field on which these businesses can compete fairly for contracts and subcontracts in the transportation industry.
Businesses that participate in the DBE Program are granted protections of due process during the application, approval and renewal process. A denial of DBE status involves an administrative hearing in which the Transportation Unit represents ODOT’s interests.
Debarments: ODOT expects that any business that is done for the public will be completed according to the highest ethical and professional standards. Sometimes, those standards are not met. In order to protect the integrity of work done for the public, ODOT may bar businesses and business owners who fail to meet expectations from doing business with the agency. In a debarment hearing, the AGO will seek debarment on behalf of ODOT.
Outdoor advertising devices: ODOT regulates outdoor advertising devices near highways through its Advertising Device Control Program and in accordance with the federal Highway Beautification Act. When an application or renewal for an outdoor advertising device permit is denied, a unit attorney may be called upon to represent ODOT if an administrative occurs.
Encroachments: If ODOT believes there are encroachments or other obstacles to providing a safe network of highways, it will call upon the Transportation Unit to protect the state’s rights through judicial means.