2013 Kentucky Revised Statutes CHAPTER 175B - KENTUCKY PUBLIC TRANSPORTATION INFRASTRUCTURE AUTHORITY 175B.050 Permitted construction activities -- Permitted entry upon lands, waters, and premises for necessary construction work -- Administrative regulations concerning public utility facilities.
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175B.050 Permitted construction activities -- Permitted entry upon lands,
waters, and premises for necessary construction work -- Administrative
regulations concerning public utility facilities.
(1)
(2)
(3)
(4)
(5)
A project developed by an authority under this chapter may include
construction of grade separations at intersections of any project or projects with
public highways and changing and adjusting the lines and grades of the
highways so as to accommodate them to the design of the grade separation,
with the approval of the department.
(a) If a project developed by an authority results in the need to change the
location or grade of any portion of any public highway, it shall be
reconstructed at a location that the authority and the department deem
most favorable.
(b) Any highway relocated under this subsection shall be rebuilt of
substantially the same type and in as good condition as the original
highway.
Any public highway affected by the construction of any project may be vacated
or relocated as a part of the project, with the approval of the department, in the
manner provided by law for the vacation or relocation of public roads.
(a) The developing authority and its authorized agents and employees may
with proper notice enter upon any lands, waters, and premises in the
Commonwealth for the purpose of making any surveys, soundings,
drillings, and examinations necessary for the purposes of this chapter.
This entry shall not be deemed a trespass, nor shall an entry for these
purposes be deemed an entry under any condemnation proceedings
which may be then pending.
(b) The developing authority shall reimburse the owners for any actual
damage resulting to lands, waters, and premises as a result of these
activities on behalf of the developing authority.
(a) The state authority may promulgate administrative regulations in
accordance with KRS Chapter 13A for the installation, construction,
maintenance, repair, renewal, relocation, and removal of public utility
facilities.
(b) If the developing authority determines that it is necessary for any public
utility facilities which now are located in, on, along, over, or under the
project to be relocated or be removed, the public utility owning or
operating the facilities shall relocate or remove them in accordance with
the requirements of the Public Service Commission.
(c) In case of a relocation or removal of facilities, the public utility owning or
operating the facility and its successors or assigns may maintain and
operate these facilities and the necessary appurtenances in the new
location, for as long a period and upon the same terms and conditions as
it had the right to maintain and operate the facilities in the former location.
(d) 1.
A utility may establish its lines or properties within the right-of-way of
a project which has been constructed or is owned, maintained, or
operated by an authority only upon approval by the authority.
2.
A utility may connect its lines with businesses and other installations
(6)
permitted by an authority to exist upon the right-of-way of a project.
A developing authority may contract with any person, partnership, association,
or corporation desiring the incidental use of any part of the project, including
the right-of-way adjoining the project, for the limited purpose of placing
telecommunications equipment, power lines, or other utilities, and to fix the
terms, conditions, rents, and rates of charges for that use.
Effective:June 26, 2009
History: Created 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 84, effective June 26,
2009.
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