KRS 154.27-100: Construction of carbon dioxide transmission pipeline -- Proceedings for

condemnation under Eminent Domain Act -- Legislative determination of

essential public use.

(1) For the purposes of this section, "carbon dioxide transmission pipeline" has the

same meaning as in KRS 154.27-010.

(2) If a carbon dioxide transmission pipeline company has received a construction

certificate from the Kentucky State Board on Electric Generation and Siting under

KRS 278.714 and is unable to contract or agree with the owner after a good -faith

effort to do so, the company may condemn the lands and material for the use and

occupation of the lands that are necessary for:

(a) Constructing, maintaining, utilizing, operating, and gaining access to a carbon

dioxide transmissio n pipeline and all necessary machinery, equipment,

pumping stations, appliances, and fixtures for use in connection with a carbon

dioxide transmission pipeline; and

(b) Obtaining all necessary rights of ingress and egress to construct, examine,

alter, repa ir, maintain, operate, or remove a carbon dioxide transmission

pipeline and all of its component parts.

(3) The proceedings for condemnation shall be as provided in the Eminent Domain Act

of Kentucky.

(4) Carbon dioxide transmission pipelines, and the rout ing, construction, maintenance,

and operation of them are, as a matter of legislative determination, declared to be a

public use essential to the fulfillment of the purposes of this chapter.