416.130 Dam and electric companies may make surveys and condemn property.

366 words·~2 min read·/ky/chapter-416/416-130

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

(1)Every corporation organized for the purpose of constructing, or empowered to

construct, a dam in any stream in this state for the purpose of improving navigation

or developing, distributing and selling water power or electricity, and every

corporation authorized under the laws of this state to conduct the business of

producing and supplying electricity for the purpose of light, heat or power, may

cause examinations and surveys to be made for its proposed dams, reservoirs,

ponds, locks, bridges, power stations, roads, conduits and transmission lines, as well

as the land that may be overflowed by the erection of any dam or other structure,

and for such purposes may, by its officers, agents or servants, enter from time to

time upon any lands or waters for the purpose of making such surveys or

examinations, subject to liability for actual damage done. Before entering upon any

land for such purposes, the corporation shall deposit with the clerk of the county in

which the property is located, a bond to the Commonwealth in a penal sum fixed by

the county judge/executive at not more than double the last assessed valuation of

the property to be surveyed or examined, conditioned to indemnify all persons for

actual damages sustained on account of making any examination or survey. When

the location of the dam or other structure, and the land that may be overflowed by

the erection of the dam, is determined, the corporation shall cause a survey and map

to be made of the land to be taken and entered upon, which map shall be signed by

the president and secretary and filed in the office of the county clerk of the county in

which the land shown on the map is situated.

(2)When any such corporation cannot, by agreement with the owner, acquire the

property rights, privileges or easements needed for any of the uses or purposes

referred to in subsection

(1)of this section, the corporation may condemn such

property, property rights, privileges or easements in the manner provided in the

Eminent Domain Act of Kentucky. Any corporation constructing or maintaining

such dam shall be liable for any damages resulting from overflowing any property,

public or private.