2013 Kentucky Revised Statutes CHAPTER 146 - NATURAL RESOURCES 146.465 Acquisition of land or interest in land -- Buffer areas -- Articles of dedication.
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146.465 Acquisition of land or interest in land -- Buffer areas -- Articles of
dedication.
The commission is authorized and empowered for and on behalf of the
Commonwealth of Kentucky:
(1) To accept and administer gifts, grants, devises and bequests of money,
securities or property to be used by the commission for the purposes of KRS
146.410 to 146.530.
(2) To acquire natural areas by gift, devise, purchase or exchange, provided that
any interest owned by the Commonwealth or by any subdivision thereof may
be dedicated only by voluntary act of the agency having jurisdiction thereof.
(3) To acquire the fee simple interest or any one or more lesser estates, interests
and rights therein, including, but not limited to, leasehold estates, easements,
and licenses either granting the Commonwealth specified rights of use or
licenses denying to the grantor specified rights of use, or both. Lesser than fee
simple estates, particularly scenic easements, should be sought in the
establishment of trails or other narrow or elongated or extensive uses.
(4) For the purpose of protecting a nature preserve, adjoining land that is not
otherwise suitable for dedication as part of the nature preserve may be
dedicated as buffer area in the same manner as provided in KRS 146.410 to
146.530 for the dedication of a nature preserve. A dedicated buffer area shall
have the same protection under KRS 146.410 to 146.530 as a nature preserve.
(5)
(6)
(7)
An estate, interest or right in a natural area may be dedicated by any agency of
the Commonwealth having jurisdiction thereof, by any other unit of government
within the state having jurisdiction thereof, and by private owners thereof in the
same manner as the ordinary conveyance of land. A dedication shall be
deemed effective, and a natural area shall become a nature preserve only
upon the acceptance of the articles of dedication by the commission. Articles
of dedication shall be placed on public record in the proper place for recording
deeds in the county or counties in which the area is located, and with the
commission at its Frankfort office.
Articles of dedication may contain restrictions relating to management, use,
development, transfer, and public access, as well as such other provisions as
may be necessary to further the purposes of KRS 146.410 to 146.530.
Specifically, the donor, devisor or grantor of the preserve may prescribe the
places where, and the means by which, the public may secure access to the
preserve so as to protect the preserve from overuse and maintain the
unencumbered private use of undedicated lands adjoining the preserve. The
articles may likewise provide penalties and procedures to be applied in case of
violation of their provisions.
The articles may recognize and create
reversionary rights, transfers upon conditions, and gifts. The articles may vary
in provisions from one nature preserve to another in accordance with
differences in the characteristics and conditions of the areas involved, or for
other reasons found necessary by the commission and the landowner.
Upon such terms and conditions as the commission may determine, the
commission may enter into amendments of any articles of dedication upon a
finding by the commission that such amendments will not permit an
impairment, disturbance, use or development of the area inconsistent with the
purposes of the articles of dedication or of KRS 146.410 to 146.530; provided,
however, that if the fee simple interest in the area is not held by the
Commonwealth of Kentucky under KRS 146.410 to 146.530, no amendment
shall be made without the written consent of the owner or owners of the other
interests therein.
History: Created 1976 Ky. Acts ch. 118, sec. 12.
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