Ohio Revised Code

Ohio Rev. Code § 5501.11 (2026)

Department of transportation with respect to highways

✓ current as of May 2026

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Effective:

June 29, 2005

Latest Legislation:

House Bill 68 - 126th General Assembly

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(A) The functions of the department of transportation with respect to highways shall be to do all of the following:

(1) Establish state highways on existing roads, streets, and new locations and construct, reconstruct, widen, resurface, maintain, and repair the state system of highways and the bridges and culverts thereon;

(2) Cooperate with the federal government in the establishment, construction, reconstruction, improvement, maintenance, and repair of post roads and other roads designated by the federal authorities;

(3) Conduct research and cooperate with organizations conducting research in matters pertaining to highway design, construction, maintenance, material, safety, and traffic;

(4) Cooperate with the counties, municipal corporations, townships, and other subdivisions of the state in the establishment, construction, reconstruction, maintenance, repair, and improvement of the public roads and bridges.

(B) To fulfill its functions under division (A) of this section, the department shall develop and maintain a pavement management system. The system shall inventory and evaluate basic road and bridge conditions throughout the state highway system and develop strategies to improve those conditions, minimize annual maintenance of the state highway system, and ensure that a disproportionate percentage of the roads and bridges on the state highway system are not due for replacement or major repair at the same time. The department shall identify and promote longer pavement life spans to lessen user delays and the disruption to traffic on the state highway system.

Notes of Decisions

Cited in 28 cases (1 in the last 5 years), 1960–2024 · leading case: Lunar v. Ohio Dep't of Transp., 572 N.E.2d 208 (Ohio Ct. App. 1989).

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Lunar v. Ohio Dep't of Transp., 572 N.E.2d 208 (Ohio Ct. App. 1989). · cites it 6× “However, R.C. 5501.11 should be read in pari materia with R.”

Rhodus v. Ohio Dep't of Transp., 588 N.E.2d 864 (Ohio Ct. App. 1990). “Plaintiff disputes the trial court’s conclusion that defendant complied with its manual and therefore was not negligent.”

Feichtner v. Ohio Dep't of Transp., 683 N.E.2d 112 (Ohio Ct. App. 1995). “R.C. 5501.11 requires defendant “to construct, reconstruct, widen, resurface, maintain, and repair the state system of highways.”

Masheter v. Diver, 253 N.E.2d 780 (Ohio 1969). · cites it 2× “The director is empowered to purchase land for highway purposes in fee simple in the name of the state (Section 5501.11, Revised Code). When he does so, it necessarily must be assumed that he fully intended to take all rights and interest in the land, including rights of access…”

Garland v. Ohio Dep't of Transp., 548 N.E.2d 233 (Ohio 1990). “See R.C. 5501.11; Knickel v. Dept. of Transp.”

O'Brien v. Dept. of Transp., 2019 Ohio 724 (Ohio Ct. App. 2019). “R.C. 5501.11; Knickel v. Ohio Dept. of Transp.”

Zavinski v. Ohio Dept. of Transp., 2019 Ohio 1735 (Ohio Ct. App. 2019). “10AP- 362, 2010-Ohio-5969 , ¶ 11; R.C. 5501.11(A)(1); R.C. 5535.08(A). This duty is not delegable.”

Leskovac v. Ohio Dep't of Transp., 593 N.E.2d 9 (Ohio Ct. App. 1990). “We begin with appellant’s fifth assignment of error, in which he essentially argues that the trial court improperly defined the scope of ODOT’s duty of care to maintain the safety of Ohio’s highways.”

Miller v. Berryhill Nursery-Co., 218 N.E.2d 467 (Ohio Ct. App. 1966). · cites it 2× “Some of the director’s broad powers in these matters are effectively set forth in the opinion of the Court of Common Pleas as follows (with that court’s emphasis): “Section 5501.11, R. C., as in effect on the date of plain *35 tiffs’ conveyance to the state of Ohio, deals with…”

Harris v. Ohio Dep't of Transp., 614 N.E.2d 779 (Ohio Ct. App. 1992). “” Although R.C. 5501.11(D) requires ODOT to cooperate with municipal corporations in the maintenance of public roads, ODOT has no duty to undertake any maintenance or improvement project within municipal corporation limits.”

Slavick v. State, Dep't of Transp., 540 N.E.2d 748 (Ohio Ct. App. 1988). “Pursuant to R.C. 5501.11, ODOT has a responsibility to construct and maintain state highways in a safe and reasonable manner.”

Johnson v. Preston, 233 N.E.2d 132 (Ohio 1967). · cites it 2× “That has been accomplished by the amendment of Section 5501.11, Revised Code, effective October 30, 1965 (131 v.”

Show all 28 citing cases →

Ohio Rev. Code § 5501.11(A): 5 cases

Shupe v. Ohio Dep't of Transp., 798 N.E.2d 706 (Ohio Ct. Cl. 2003).

Parsons v. Ohio Dept. of Transp., 2011 Ohio 5323 (Ohio Ct. Cl. 2011).

VRBT, L.L.C. v. Ohio Dept. of Transp., 2011 Ohio 4840 (Ohio Ct. Cl. 2011).

Est. of Morgan v. Ohio Dept. of Transp., 2010 Ohio 1532 (Ohio Ct. Cl. 2010).

Est. of Morgan v. Ohio Dept. of Transp., 2010 Ohio 1531 (Ohio Ct. Cl. 2010).

Ohio Rev. Code § 5501.11(A)(1): 4 cases

Zavinski v. Ohio Dept. of Transp., 2019 Ohio 1735 (Ohio Ct. App. 2019). “10AP- 362, 2010-Ohio-5969 , ¶ 11; R.C. 5501.11(A)(1); R.C. 5535.08(A). This duty is not delegable.”

Townsend v. Ohio Dept. of Transp., 2011 Ohio 3875 (Ohio Ct. Cl. 2011).

Algoma Grp., A Gen. P'ship v. Marchbanks, 2024 Ohio 2342 (Ohio Ct. App. 2024).

Sommer v. Ohio Dept. of Transp., 2013 Ohio 5943 (Ohio Ct. Cl. 2013).

Ohio Rev. Code § 5501.11(D): 2 cases

Lunar v. Ohio Dep't of Transp., 572 N.E.2d 208 (Ohio Ct. App. 1989). “However, R.C. 5501.11 should be read in pari materia with R.”

Harris v. Ohio Dep't of Transp., 614 N.E.2d 779 (Ohio Ct. App. 1992). “” Although R.C. 5501.11(D) requires ODOT to cooperate with municipal corporations in the maintenance of public roads, ODOT has no duty to undertake any maintenance or improvement project within municipal corporation limits.”

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