KRS 146.280: Acquisition of stream areas.

(1) Within the boundaries of a designated stream area, as established and authorized by

the Kentucky General Assembly, the office shall be authorized and empowered to

acquire by purchase, exercise of the rights of eminent domain, grant, gift, devise, or

otherwise, the fee simple title, an easement, or any acceptable lesser interest in any

lands, and by lease or conveyance, contract for the right to use and occupy any

lands. Where property within such boundaries is owned by the federal government,

the office can enter into agreements with the landowning agency concerning use of

the property consistent with the objectives of KRS 146.200 to 146.360. Nothing in

KRS 146.200 to 146.360 shall be construed to deprive a landowner of the fee

simple title to or lesser interest in his property without just compensation.

(2) The office may not exercise authority to acquire lands or interests in lands located

within any incorporated city or county when such entities have in force a duly

adopted, valid ordinance or plan for the management, zoning and protection of such

lands in accordance with the provisions of KRS 146.200 to 146.360.