184.360 Acquisition of property -- Conditions – Exceptions.

300 words·~1 min read·/ky/chapter-184/184-360

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

(a)A transportation improvement district may acquire by purchase, lease, lease-

purchase, lease with option to purchase, appropriation, or otherwise in the

manner and for the consideration it considers proper, any public or private

property necessary, convenient, or proper for the construction, maintenance,

repair, or operation of a project. The district may pledge net revenues, to the

extent permitted by KRS 184.350 to 184.395 with respect to bonds, to secure

payments to be paid by the district under such a lease, lease-purchase

agreement, or lease with option to purchase. Title to real and personal

property shall be held in the name of the district.

(b)If a district cannot come to terms on any property purchase, the district may

request the city or county that established the district to acquire the property in

accordance with KRS 416.540 to 416.670. Except as otherwise agreed to by

the owner, full compensation shall be paid for public property so taken.

(2)This section does not authorize a district to take or disturb property or facilities

belonging to any public utility or to a common carrier engaged in interstate

commerce when the property or facilities are required for the proper and convenient

operation of the public utility or common carrier, unless provision is made for the

restoration, relocation, replication, or duplication of the property or facilities

elsewhere at the sole cost of the district.

(3)Except as otherwise provided in KRS 184.350 to 184.395, disposition of real

property shall be by sale, lease-purchase agreement, lease with option to purchase,

or otherwise in the manner and for the consideration as the district determines if to a

governmental agency, and otherwise in the manner provided in this section.

Disposition of personal property shall be in the manner and for the consideration as

the district determines.