There is a newer version of the Kentucky Revised Statutes
2009 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.
Download pdfland 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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