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Code · Kentucky · Chapter 106 — Acquisition of waterworks by cities and water districts

106.220 Power of eminent domain.

235 words·~1 min read·/ky/chapter-106/106-220

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(1)Any water district or municipality referred to herein shall have the right to acquire
by exercise of the power of eminent domain all lands, easements, rights of way,
either upon or under or above the ground, any existing water plant or water
distribution system and appurtenances thereto, or any part of same, within the
boundaries or corporate limits of such water district or city, and any and all real
estate, franchises or personal property reasonably necessary or desirable in
connection with the construction or operation or maintenance of water plants or
water distribution systems, or improvements or extensions thereto, and the right to
acquire same is hereby declared to be a superior and paramount right, superior and
paramount to any other public use, and further provided that as in the eminent
domain proceedings to acquire from any public or private utility a water plant or
water distribution system the property condemned must include all the property
owned by the utility within the corporate limits of the said water district or the city
which is used or useful in connection with the business of providing water service.
(2)The condemnation or eminent domain proceedings shall be brought in the name of
the water district or in the name of the municipality, and title to the property so
condemned shall be taken in the name of the water district or municipality as the
case may be.
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