2014 Kentucky Revised Statutes CHAPTER 268 - DRAINAGE AND RECLAMATION ACT OF 1918 268.510 Board may make improvements, control water power -- Condemn property.
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268.510 Board may make improvements, control water power -- Condemn
property.
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(2)
(3)
(4)
In order to effect the drainage, protection and reclamation of the land and other
property in any district organized under this chapter subject to assessment, to
protect cities from overflow, and to promote the public health or general welfare
of the community, the board acting for the district may clean out, alter,
construct or maintain any drain in or out of the district, and construct and
maintain any levees, dikes, dams, revetments, reservoirs, holding basins,
floodways, pumping stations, syphons and any other work and improvements
deemed necessary to preserve and maintain the works or prevent overflow of
land or protect any city or parts thereof in or out of the district. The board may
construct or enlarge any bridge needed in or out of the district across any drain
or other improvement or any public highway, railroad right-of-way, track, grade,
fill or cut, subject to the provisions of KRS 268.530; construct roadways upon,
along and over levees and embankments; remove any fence, building or
improvement in or out of the district.
The board may hold, control and acquire by donation or purchase, or, if need
be, condemn any land, easement, railroad right-of-way, sluice, conduit, sewer,
holding basin or franchise in or out of the district for any purpose provided for in
this chapter.
(a) The board may also condemn, pursuant to the Eminent Domain Act of
Kentucky, for the use of the district any property within or without the
district not acquired or condemned by the board on the report of the
appraisers.
The board may control all water power created by the construction of
improvements in the district, and construct and maintain any hydroelectric
power plants to develop such power for the use of the district and use any
funds in the treasury of the district not otherwise appropriated for the
construction and maintenance of such plants. The board may lease any power
in excess of that required for the use of the district. The proceeds of such lease
shall be turned in to the treasury of the district.
However, the construction or maintenance of any improvement shall not impair
navigation upon any navigable stream in this state.
Effective:January 2, 1978
History: Amended 1976 (1st. Extra. Sess.) Ky. Acts ch. 14, sec. 252, effective
January 2, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 104. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
secs. 2380b-2, 2380b-32.
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