416.130 Dam and electric companies may make surveys and condemn property.
(1)
(2)
Every corporation organized for the purpose of constructing, or empowered to
construct, a dam in any stream in this state for the purpose of improving navigation
or developing, distributing and selling water power or electricity, and every
corporation authorized under the laws of this state to conduct the business of
producing and supplying electricity for the purpose of light, heat or power, may
cause examinations and surveys to be made for its proposed dams, reservoirs,
ponds, locks, bridges, power stations, roads, conduits and transmission lines, as well
as the land that may be overflowed by the erection of any dam or other structure,
and for such purposes may, by its officers, agents or servants, enter from time to
time upon any lands or waters for the purpose of making such surveys or
examinations, subject to liability for actual damage done. Before entering upon any
land for such purposes, the corporation shall deposit with the clerk of the county in
which the property is located, a bond to the Commonwealth in a penal sum fixed by
the county judge/executive at not more than double the last assessed valuation of
the property to be surveyed or examined, conditioned to indemnify all persons for
actual damages sustained on account of making any examination or survey. When
the location of the dam or other structure, and the land that may be overflowed by
the erection of the dam, is determined, the corporation shall cause a survey and map
to be made of the land to be taken and entered upon, which map shall be signed by
the president and secretary and filed in the office of the county clerk of the county in
which the land shown on the map is situated.
When any such corporation cannot, by agreement with the owner, acquire the
property rights, privileges or easements needed for any of the uses or purposes
referred to in subsection (1) of this section, the corporation may condemn such
property, property rights, privileges or easements in the manner provided in the
Eminent Domain Act of Kentucky. Any corporation constructing or maintaining
such dam shall be liable for any damages resulting from overflowing any property,
public or private.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 522, effective June 17, 1978. -Amended 1976 Ky. Acts ch. 140, sec. 123. -- Repealed, reenacted, and amended
1956 Ky. Acts ch. 52, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 1599b-1, 1599b-2.
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