416.360 Acquisition of real property necessary to locate or relocate public utility

225 words·~1 min read·/ky/416-360

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

facilities by public agency with power of eminent domain for public

improvement projects.

(1)Any public agency which has the right to exercise the power of eminent domain for

street, road, highway, or other public improvement projects may acquire in its own

name, by condemnation or otherwise, any real property that is necessary to locate or

relocate any public utility facilities as required for the construction, reconstruction,

rehabilitation, or maintenance of the project. The public agency and the affected

public utility shall first enter into an agreement for this acquisition. The agreement

shall include all relevant terms and conditions of the acquisition, including a

description of the real property to be acquired. Notwithstanding any other

provisions of law, a public agency which acquires any real property for public utility

facilities pursuant to this section shall, pursuant to the terms of the agreement,

convey to the affected utility any real property so acquired.

(2)The right of a public utility to exercise the power of eminent domain shall not in

any way be affected by this section. Nothing in this section shall empower the

condemnation of property owned by the Commonwealth of Kentucky or in which

the Commonwealth of Kentucky has an interest.

(3)For purposes of this section, "real property" includes any estate, easement, fixtures,

or other interests or rights in and to real property.