65.112 Compensation for sewage treatment utility property -- Eminent domain --

232 words·~1 min read·/ky/65-112

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

Surcharge to customers.

(1)The provisions of any other law, rule, or regulation notwithstanding, if any city,

county, public body corporate or politic, or special district or subdistrict furnishes or

proposes to furnish sewage treatment utility services to customers of another

sewage treatment utility by means of all or any part of the installations owned or

paid for by that other sewage treatment utility, then the city, county, public body,

district, or subdistrict taking over or proposing to take over the customers shall pay

just compensation for these installations prior to the time the customers are taken

over. If an agreement for compensation is not reached, then just compensation for

the installations shall be payable by the city, county, public body, district, or

subdistrict after condemnation as provided for in the Eminent Domain Act of

Kentucky.

(2)There is hereby granted to any city, county, public body corporate or politic, or

special district or subdistrict the power of eminent domain with respect to sewage

treatment plants, facilities, and installations owned by sewage treatment utilities.

This power of eminent domain shall be exercisable in the manner prescribed by the

Eminent Domain Act of Kentucky.

(3)Any city, county, public body corporate or politic, or special district or subdistrict

shall be entitled to surcharge customers so as to recover the amount of

compensation paid for installations acquired under this section by agreement or

condemnation.