2016 Kentucky Revised Statutes CHAPTER 154 - DEVELOPMENT Subchapter 27 - Incentives for Energy Independence Act 154.27-100 Construction of carbon dioxide transmission pipeline -- Proceedings for condemnation under Eminent Domain Act -- Legislative determination of essential public use.
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154.27-100 Construction of carbon dioxide transmission pipeline -- Proceedings for
condemnation under Eminent Domain Act -- Legislative determination of
essential public use.
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For the purposes of this section, "carbon dioxide transmission pipeline" has the
same meaning as in KRS 154.27-010.
If a carbon dioxide transmission pipeline company has received a construction
certificate from the Kentucky State Board on Electric Generation and Siting under
KRS 278.714 and is unable to contract or agree with the owner after a good-faith
effort to do so, the company may condemn the lands and material for the use and
occupation of the lands that are necessary for:
(a) Constructing, maintaining, utilizing, operating, and gaining access to a carbon
dioxide transmission pipeline and all necessary machinery, equipment,
pumping stations, appliances, and fixtures for use in connection with a carbon
dioxide transmission pipeline; and
(b) Obtaining all necessary rights of ingress and egress to construct, examine,
alter, repair, maintain, operate, or remove a carbon dioxide transmission
pipeline and all of its component parts.
The proceedings for condemnation shall be as provided in the Eminent Domain Act
of Kentucky.
Carbon dioxide transmission pipelines, and the routing, construction, maintenance,
and operation of them are, as a matter of legislative determination, declared to be a
public use essential to the fulfillment of the purposes of this chapter.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 82, sec. 1, effective June 8, 2011.
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