146.475 Nature preserves to be held in trust.
The fee simple estates, or lesser interests, or other contractual rights held as nature <br>preserves are hereby declared to be held in trust, in the name of the Commonwealth, for <br>those uses and purposes expressed in KRS 146.410 to 146.530 which are not prohibited <br>by the articles of dedication, for the benefit of the people of the Commonwealth of <br>Kentucky of present and future generations and are declared to be put to their highest, <br>best and most important use for the public benefit. Said estates, interests, or rights held <br>as nature preserves shall be managed and protected in the manner approved by, and <br>subject to the rules and regulations established by the commission, and they shall not be <br>taken by another public body through eminent domain or otherwise for any other use, <br>except after a finding by the commission of the existence of an imperative and <br>unavoidable public necessity for such other public use. Except as may otherwise be <br>provided in the articles of dedication, the commission may grant or dispose of an estate, <br>interest or right held in a nature preserve only after a finding by the commission of the <br>existence of an imperative and unavoidable public necessity for such grant or disposition; <br>provided however, that where less than a fee simple interest has been dedicated, such <br>disposition or grant shall also require the written consent of the owner or owners of the <br>other interests therein.
History: Created 1976 Ky. Acts ch. 118, sec. 14.
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