KRS 148.876: Acquisition of land.

(1) The power of eminent domain may only be exercised to acquire land in fee within

the boundaries of the trail, except that the power of eminent domain shall not be

exercised to acquire any privately owned dwelling, areas designated for residential

structures and their surrounding properties, or property owned or leased, including

adjacent or contiguous tracts of land leased or owned or which may be acquired, for

the purposes of operating an oil or gas well, surface or underground coal mine

operation, or surfa ce or underground mineral quarrying operation, if the person

holds a state permit or license issued by the Energy and Environment Cabinet,

Division of Mine Permits or Division of Mine Safety.

(2) Within the boundaries of the trail, the department may acqui re, on behalf of the

Commonwealth, fee title or lesser interests in land. Acquisition of land may be by

gift, by purchase with donated funds, by funds appropriated by the General

Assembly, by the use of proceeds from the sale of bonds, by exchange, by

assumption of property tax payments, or by other authorized means.

Notwithstanding the provisions in KRS 350.085(3) and 353.610, in acquiring any

interests the Commonwealth or its agencies shall waive the three hundred (300) foot

restriction contained in KRS 3 50.085(3) and boundary restrictions for a well set

forth in KRS 353.610.