KRS 177.420: Acquisition of property -- Condemnation -- Possession -- Special provisions

for condemning railroad property.

(1) The department is hereby authorized and empowered to acquire by purchase,

whenever it shall deem such purchase expedient, solely from fun ds provided under

the authority of KRS 177.390 to 177.570, such lands, structures, property, rights,

rights-of-way, franchises, easements and other interests in lands, including lands

lying under water and riparian rights, which are located within the Comm onwealth,

as it may deem necessary or convenient for the construction and operation of any

project, upon such terms and at such prices as may be considered by it to be

reasonable and can be agreed upon between it and the owner thereof, and to take

title th ereto in the name of the Commonwealth for the use and benefit of the

department.

(2) Whenever a reasonable price cannot be agreed upon, or whenever the owner is

legally incapacitated or is absent, unknown or unable to convey valid title, the

department is hereby authorized and empowered to acquire by condemnation or by

the exercise of the power of eminent domain any lands, property, rights, rights -of-

way, franchises, easements and other property, including public lands, parks,

playgrounds, reservations, highways or parkways, or parts thereof or rights therein,

of any person, copartnership, association, railroad, public service, public utility or

other corporation, or municipality or political subdivision, deemed necessary or

convenient for the construction or the efficient operation of any project or necessary

in the restoration of public or private property damaged or destroyed. Any such

proceedings shall be conducted, and the compensation to be paid shall be

ascertained and paid, in the manner provided by t he Constitution and laws of the

Commonwealth then applicable which relate to condemnation or to the exercise of

the power of eminent domain by the department. Title to any property acquired by

the department shall be taken in the name of the Commonwealth f or the use and

benefit of the department. In any condemnation proceedings the court having

jurisdiction of the suit, action or proceeding may make such orders as may be just to

the department and to the owners of the property to be condemned and may requir e

an undertaking or other security to secure such owners against any loss or damage

by reason of the failure of the department to accept any pay for the property, but

neither such undertaking or security nor any act or obligation of the department

shall impose any liability upon the Commonwealth except as may be paid from the

funds provided under the authority of KRS 177.390 to 177.570.

(3) If the owner, lessee or occupier of any property to be condemned shall refuse to

remove his personal property therefro m or give up possession thereof, the

department may proceed to obtain possession in any manner now or hereafter

provided by law.

(4) With respect to any railroad property or right-of-way upon which railroad tracks are

located, any powers of condemnation or of eminent domain may be exercised to

acquire only an easement interest therein which shall be located either sufficiently

far above or sufficiently far below the grade of any railroad track or tracks upon

such railroad property so that neither the propos ed project nor any part thereof,

including any bridges, abutments, columns, supporting structures and

appurtenances, nor any traffic upon it, shall interfere in any manner with the use,

operation or maintenance of the trains, tracks, works or appurtenances or other

property of the railroad nor endanger the movement of the trains or traffic upon the

tracks of the railroad. Prior to the institution of condemnation proceedings for such

easement over or under such railroad property or right -of-way, plans and

specifications of the proposed project showing compliance with the above -

mentioned above or below grade requirements and showing sufficient and safe

plans and specifications of such overhead or undergrade structure and

appurtenances shall be submitted to the railroad for examination and approval. If

the railroad fails or refuses within thirty (30) days to approve the plans and

specifications so submitted, the matter shall be submitted to the Public Service

Commission of Kentucky whose decision, arrived at aft er due consideration in

accordance with its usual procedure, shall be final as to the sufficiency and safety of

such plans and specifications and as to such elevations or distances above or below

the tracks. Said overhead or undergrade structure and appurt enances shall be

constructed only in accordance with such plans and specifications and in accordance

with such elevations or distances above or below the tracks so approved by the

railroad or the Public Service Commission as the case may be. A copy of the plans

and specifications approved by the railroad or the Public Service Commission shall

be filed as an exhibit with the petition for condemnation.