2011 Kentucky Revised Statutes CHAPTER 416 EMINENT DOMAIN 416.220 Owner of real estate providing public sleeping accommodations and meals -- Condemnation for water supply -- Furnishing of water to owner of property condemned.
KY Rev Stat § 416.220 (1996 through Reg Sess) What's This?
416.220 Owner of real estate providing public sleeping accommodations and meals
-- Condemnation for water supply -- Furnishing of water to owner of property
condemned.
(1)
(2)
(3)
The owner of real estate serving the public, providing sleeping accommodations and
meals, when pure water is not available in adequate quantities, shall have the right
to condemn on the banks of any navigable stream a tract of land not more than
twenty (20) feet square and above the high water mark for a pumping station site
and a right-of-way for a pipeline from said site to the deep water of the navigable
stream and from said pumping station site to the point on the owner's real estate
where the water is desired for use. The said property owner may condemn a rightof-way for an electric power line over the most direct course to the pumping station
site. In the event the owner of such real estate finds it more desirable to make
connections with the water system of a municipality or a water supply line leading
from a navigable stream to the municipality or other source of supply, then said real
estate owner may, at his option, condemn a right-of-way for a pipeline from said
city water system or water supply line or other source of supply to the point on the
owner's real estate where the water is desired for use, including such area as may be
required to install and maintain pumps and meters for said water system and an
electric line to conduct power to said pump with necessary electric control lines or
apparatus. The owner of property condemning right-of-way for a water line under
this section, may agree to supply the subject owner a quantity of water in lieu of
cash compensation for the easement, and such agreement to supply water to the
subject property owner shall not be construed to place a burden on the condemning
party to supply water service to others or meet the obligation of a public utility to
render water service.
The provisions of KRS 381.660, 381.670, and 381.680 shall be complied with
except that when the pumping station site and pipeline are located on cliff land and
do not cross any tillable land the pumps and pipe may be located above ground.
The procedure for condemnation shall be that set forth in the Eminent Domain Act
of Kentucky.
History: Amended 1976 Ky. Acts ch. 140, sec. 126. -- Amended 1954 Ky. Acts ch. 47,
sec. 1. -- Created 1946 Ky. Acts ch. 219, sec. 1.
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