146.280 Acquisition of stream areas by secretary for energy and environment.
(1) Within the boundaries of a designated stream area, as established and authorized by
the Kentucky General Assembly, the secretary for energy and environment is <br>authorized and empowered to acquire by purchase, exercise of the rights of eminent <br>domain, grant, gift, devise, or otherwise, the fee simple title, an easement, or any <br>acceptable lesser interest in any lands, and by lease or conveyance, contract for the <br>right to use and occupy any lands. Where property within such boundaries is owned <br>by the federal government, the secretary can enter into agreements with the <br>landowning agency concerning use of the property consistent with the objectives of <br>KRS 146.200 to 146.360. Nothing in KRS 146.200 to 146.360 shall be construed to <br>deprive a landowner of the fee simple title to or lesser interest in his property <br>without just compensation.
(2) The secretary for energy and environment may not exercise authority to acquire
lands or interests in lands located within any incorporated city, village, or county <br>when such entities have in force a duly adopted, valid ordinance or plan for the <br>management, zoning and protection of such lands in accordance with the provisions <br>of KRS 146.200 to 146.360.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 128, effective July 15, 2010. -- Amended
1976 Ky. Acts ch. 197, sec. 8. -- Amended 1974 Ky. Acts ch. 74, Art. III, sec. 13(9). <br>-- Created 1972 Ky. Acts ch. 117, sec. 9.
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