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175.590 Acquisition of property -- Condemnation -- Possession -- Special
provisions for condemning railroad property.
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The authority is hereby authorized and empowered to acquire by purchase,
whenever it shall deem such purchase expedient, solely from funds provided
pursuant to this chapter, such lands, structures, property, rights, rights of way,
franchises, easements and other interests in lands, including lands lying under
water and riparian rights, which are located within the Commonwealth, as it
may deem necessary or convenient for the construction and operation of any
project, upon such terms and at such prices as may be considered by it to be
reasonable and can be agreed upon between it and the owner thereof, and to
take title thereto in the name of the authority.
Whenever a reasonable price cannot be agreed upon, or whenever the owner
is legally incapacitated or is absent, unknown or unable to convey valid title,
the authority is hereby authorized and empowered to acquire by condemnation
or by the exercise of the power of eminent domain any lands, property, rights,
rights of way, franchises, easements and other property, including public lands,
parks, playgrounds, reservations, highways or parkways, or parts thereof or
rights therein, of any person, copartnership, association, railroad, public
service, public utility or other corporation, or municipality or political subdivision,
deemed necessary or convenient for the construction or the efficient operation
of any project or necessary in the restoration of public or private property
damaged or destroyed. Any such proceedings shall be conducted, and the
compensation to be paid shall be ascertained and paid, in the manner provided
by the Constitution and laws of the Commonwealth then applicable which
relate to condemnation or to the exercise of the power of eminent domain by
the department. Title to any property acquired by the authority shall be taken in
the name of the authority. In any condemnation proceedings the court having
jurisdiction of the suit, action or proceeding may make such orders as may be
just to the authority and to the owners of the property to be condemned and
may require an undertaking or other security to secure such owners against
any loss or damage by reason of the failure of the authority to accept and pay
for the property, but neither such undertaking or security nor any act or
obligation of the authority shall impose any liability upon the Commonwealth
except as may be paid from the funds provided under this chapter.
If the owner, lessee or occupier of any property to be condemned shall refuse
to remove his personal property therefrom or give up his possession thereof,
the authority may proceed to obtain possession in any manner now or
hereafter provided by law.
With respect to any railroad property or right of way upon which railroad tracks
are located, any powers of condemnation or of eminent domain may be
exercised to acquire only an easement interest therein which shall be located
either sufficiently far above or sufficiently far below the grade of any railroad
track or tracks upon such railroad property so that neither the proposed project
nor any part thereof, including any bridges, abutments, columns, supporting
structures and appurtenances, nor any traffic upon it, shall interfere in any
manner with the use, operation or maintenance of the trains, tracks, works or
appurtenances or other property of the railroad nor endanger the movement of
the trains or traffic upon the tracks of the railroad. Prior to the institution of
condemnation proceedings for such easement over or under such railroad
property or right of way, plans and specifications of the proposed project
showing compliance with the above mentioned above or below grade
requirements and showing sufficient and safe plans and specifications of such
overhead or undergrade structure and appurtenances shall be submitted to the
railroad for examination and approval. If the railroad fails or refuses within thirty
(30) days to approve the plans and specifications so submitted, the matter shall
be submitted to the Public Service Commission of Kentucky whose decision
arrived at after due consideration in accordance with its usual procedure, shall
be final as to the sufficiency and safety of such plans and specifications and as
to such elevations or distances above or below the tracks. Said overhead or
undergrade structure and appurtenances shall be constructed only in
accordance with such plans and specifications and in accordance with such
elevations or distances above or below the tracks so approved by the railroad
or the Public Service Commission as the case may be. A copy of the plans and
specifications approved by the railroad or the Public Service Commission shall
be filed as an exhibit with the petition for condemnation.
History: Created 1960 Ky. Acts ch. 173, sec. 19.
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