65.470 Construction in violation of easement prohibited -- Injunctive relief.
199 words·~1 min read·
/ky/chapter-65/65-470A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)From and after the time when a scenic easement has been acquired by the local
legislative body and its acceptance endorsed thereon, no building permit shall be
issued for any structure which would violate the easement and the local legislative
body shall seek by appropriate proceedings an injunction against any threatened
construction or other development or activity on the land which would violate the
easement and shall seek a mandatory injunction requiring the removal of any
structure erected in violation of the easement and the restoration of the land to its
original character insofar as possible.
(2)In the event the local legislative body fails to seek an injunction against any
threatened construction or other development or activity on the land which would
violate the easement or to seek a mandatory injunction requiring the removal of any
structure erected in violation of the easement or the restoration of the land to its
original character insofar as possible, or if the local legislative body should
construct any structure or development or conduct or permit any activity in violation
of the easement, any resident of the jurisdiction which has acquired the easement
may, by appropriate proceedings, seek such an injunction.