2013 Kentucky Revised Statutes CHAPTER 381 - TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION 381.635 Right of condemnation of underground passageway to mine.
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381.635 Right of condemnation of underground passageway to mine.
Whenever it is necessary for the owner of land to have access over, under or
through the land of one or more other persons, for the purpose of operating a coal
mine or other mine, and marketing the products therefrom, and access over the
surface of the land of such other persons, for the purpose, would be impracticable,
but there exist shafts, slopes, passageways or entries below the surface of the land
of such other persons, suitable for the purpose and which could be used for the
purpose without undue or unreasonable inconvenience to the owner thereof, or there
exist coal seams or other strata below the surface of the land of such other persons,
through which shafts, slopes, passageways or entries may be made without
unreasonable inconvenience to the owner thereof, the right to use, or to make and
use, such shafts, slopes, passageways or entries may be condemned under the
procedure set forth in the Eminent Domain Act of Kentucky, subject to the
exceptions prescribed in KRS 381.636. The right of use so condemned shall include
the right to install tracks, power lines, lights, ventilating equipment, and other things
necessary for satisfactory use. And provided further that in any case where the
rights or uses herein provided for are sought to be condemned through any land
already devoted to mining purposes, if such proposed rights or uses in any wise
interfere with or disrupt any approved mining methods, plans or practices, as
established or projected as a part of a general plan of mining to conform to or
comply with any safety provisions, rules or regulations under the existing mining
laws of the state of Kentucky or of the United States of America as now in effect or
hereafter enacted, such rights or uses shall be conclusively presumed to be undue
and unreasonable inconvenience to the owner within the meaning of this section and
KRS 381.636.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 308, effective
January 2, 1978. -- Created 1948 Ky. Acts ch. 5, sec. 1.
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