Weir v. Consolidated Rail Corp.

This is an appeal from a decision of the probate court, ordering the Ohio Department of Transportation to pay the expenses of the Buckeye Pipeline Co. (“Buckeye”) for relocation of its pipeline. The Director of Transportation has appealed, assigning four errors for review. 1

The state of Ohio is constructing a limited-access highway, called 1-480, largely with federal funds. The Director of Transportation has seized, through eminent domain proceedings, several thousand feet of property from the Consolidated Rail Corporation (“Conrail”) to use in the construction of 1-480. Buckeye maintains a…