2011 Kentucky Revised Statutes
CHAPTER 277 RAILROADS -- ORGANIZATION AND OPERATING REGULATIONS
277.404 Conservation easement under KRS 382.800 to 382.860 over land adjoining or traversed by a railtrail.
277.404 Conservation easement under KRS 382.800 to 382.860 over land adjoining
or traversed by a railtrail.
In addition to any other legal right, any person having a legal interest in land adjoining a
railtrail or in the land traversed by the railtrail itself may grant to the entity holding the
right to maintain a railtrail over the property a conservation easement over all or a portion
of the property in accordance with KRS 382.800 to 382.860. The entity holding the right
to maintain a railtrail over the corridor may, if it finds the easement’s terms acceptable,
yearly designate for the tax purposes of the party conveying the easement that the entity is
holding the corridor pursuant to the authority granted to that entity in the easement as
opposed to authority granted in KRS 277.400 or any similar law allowing railbanking
under federal law. This designation shall not, however, affect in any way the legal right of
that entity to hold the corridor pursuant to a federal or state railbanking law or the
operation of those laws, and the right to maintain the railtrail on the land shall not lapse
as the result of the extinguishment or modification of the easement. The easement, by its
terms, may be limited in duration from year to year or for a set period of years, may
extinguish itself upon the happening of a defined contingent future event, or may last in
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 338, sec. 4, effective July 14, 2000.
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