2016 Kentucky Revised Statutes CHAPTER 268 - DRAINAGE AND RECLAMATION ACT OF 1918 .530 Board to build bridges and culverts -- May charge cost to corporation acting under franchise or cause corporation to construct.
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268.530 Board to build bridges and culverts -- May charge cost to corporation
acting under franchise or cause corporation to construct.
(1)
(2)
(3)
(4)
(5)
(6)
The board shall make all necessary bridges and culverts along or across any public
highway or railroad which may be deemed necessary for the use or the protection of
the work of reclamation in the district, except as provided in this section and in
KRS 268.550.
If any bridge or culvert of any railroad or other corporation carrying on its business
under a franchise is across any natural watercourse, drain or depression which is
being improved by any district, and it is necessary to do any work under that bridge
or culvert, or if a wider or larger bridge or culvert is needed there, the board shall
give the corporation notice by delivering to its agent or officer in any county where
any part of the district is situated a copy of the order of the board declaring the
necessity of removing, constructing or enlarging the bridge or culvert.
The corporation shall then remove, construct or enlarge the bridge or culvert within
the time specified in the order and notice, which shall be not more than thirty (30)
days. The bridge or culvert shall be constructed so as not to interfere with the free
flow of water through the drains of the district.
Should any corporation, after first being notified to remove, construct or enlarge any
bridge or culvert, refuse or neglect to do so, then the board shall, unless it elects to
compel the corporation to do the work as provided in subsection (6) of this section,
have the work done. The board shall let the work according to plans and
specifications to be provided at the expense of the corporation. The board shall first
advertise that the work will be let to the lowest bidder by posting notices at three (3)
or more public and conspicuous places in the vicinity where the bridge or culvert is
to be removed, built or enlarged, for at least ten (10) days just before the letting of
the work. This notice shall state the time, place and character of the work to be
done.
If the board has the work done, it shall pay for the removal, construction or
enlargement of the bridge or culvert, but shall then recover the cost and expenses in
any court having jurisdiction from the corporation whose duty it was to do the work.
Both the board and the corporation shall have the same right of appeal from any
judgment rendered in any action as provided for individual landowners.
The board's right to remove, construct or enlarge the bridge or culvert shall not
deprive the board from compelling the corporation to do it by proper proceedings.
Mandamus may be issued for this purpose.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 2380b-35.
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