268.510 Board may make improvements, control water power -- Condemn

364 words·~2 min read·/ky/268-510

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

property.

(1)In order to effect the drainage, protection and reclamation of the land and other

property in any district organized under this chapter subject to assessment, to

protect cities from overflow, and to promote the public health or general welfare of

the community, the board acting for the district may clean out, alter, construct or

maintain any drain in or out of the district, and construct and maintain any levees,

dikes, dams, revetments, reservoirs, holding basins, floodways, pumping stations,

syphons and any other work and improvements deemed necessary to preserve and

maintain the works or prevent overflow of land or protect any city or parts thereof

in or out of the district. The board may construct or enlarge any bridge needed in or

out of the district across any drain or other improvement or any public highway,

railroad right-of-way, track, grade, fill or cut, subject to the provisions of KRS

268.530; construct roadways upon, along and over levees and embankments;

remove any fence, building or improvement in or out of the district.

(2)The board may hold, control and acquire by donation or purchase, or, if need be,

condemn any land, easement, railroad right-of-way, sluice, conduit, sewer, holding

basin or franchise in or out of the district for any purpose provided for in this

chapter.

(a)The board may also condemn, pursuant to the Eminent Domain Act of

Kentucky, for the use of the district any property within or without the district

not acquired or condemned by the board on the report of the appraisers.

(3)The board may control all water power created by the construction of improvements

in the district, and construct and maintain any hydroelectric power plants to develop

such power for the use of the district and use any funds in the treasury of the district

not otherwise appropriated for the construction and maintenance of such plants. The

board may lease any power in excess of that required for the use of the district. The

proceeds of such lease shall be turned in to the treasury of the district.

(4)However, the construction or maintenance of any improvement shall not impair

navigation upon any navigable stream in this state.