2014 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.
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416.220 Owner of real estate providing public sleeping accommodations and
meals -- Condemnation for water supply -- Furnishing of water to owner
of property condemned.
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(2)
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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 right-of-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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