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