KRS 177.430: Grade separations -- Relocation or vacation of existing highway -- Rights

of access -- Regulations as to public utility facilities on or along turnpike

project.

(1) The department shall have power to construct grade separations at intersections of

any turnpike project with public highways and to change and adjust the lines and

grades of such highways so as to accommodate the same to the design of such grade

separation. The cost of such grade separations and any damage incurred in changing

and adjusting the lines and grades of such highways shall be ascertained and paid by

the department as a part of the cost of such turnpike project.

(2) If the department shall find it necessary to change the location of any portion of any

public highway, it shall cause the same to be reconstructed at such location as the

department shall deem most favorable and of substantially the same type and in as

good condition as the original highway. The cost of such reconstruction and any

damage incurred in changing the location of any such highway shall be ascertained

and paid by the department as a part of the cost of such turnpike project.

(3) Any public highway affected by the construction of any turnpike project may be

vacated or relocated by the department in the manner now provided by law for the

vacation or relocation of public roads, and any damages awarded on account thereof

shall be paid by the department as a part of the cost of such project.

(4) In addition to the foregoing powers the department and its authorized age nts and

employees may enter upon any lands, waters and premises in the Commonwealth

for the purpose of making surveys, soundings, drillings and examinations as they

may deem necessary or convenient for the purposes of KRS 177.390 to 177.570,

and such entry shall not be deemed a trespass, nor shall an entry for such purposes

be deemed an entry under any condemnation proceedings which may be then

pending. The department shall make reimbursement for any actual damage resulting

to such lands, waters and premises as a result of such activities.

(5) The department shall also have power to make reasonable regulations for the

installation, construction, maintenance, repair, renewal, relocation and removal of

tracks, pipes, mains, conduits, cables, wires, towers, pol es and other equipment and

appliances (herein called "public utility facilities") of any public utility in, on, along,

over or under any turnpike project. Whenever the department shall determine that it

is necessary that any such public utility facilities which now are, or hereafter may

be, located in, on, along, over or under any turnpike project should be relocated in

such turnpike project, or should be removed from such turnpike project, the public

utility owning or operating such facilities shall reloca te or remove the same in

accordance with the order of the department; provided, however, that the cost and

expenses of such relocation or removal, including the cost of installing such

facilities in a new location or new locations, and the cost of any land s, or any rights

or interests in lands, and any other rights, acquired to accomplish such relocation or

removal, shall be ascertained and paid by the department as a part of the cost of

such turnpike project. In case of any such relocation or removal of fa cilities, the

public utility owning or operating the same, its successors or assigns, may maintain

and operate such facilities, with the necessary appurtenances, in the new location or

new locations, for as long a period, and upon the same terms and condit ions, as it

had the right to maintain and operate such facilities in their former location or

locations. No utility shall have the privilege of establishing its lines or properties

within the right -of-way of a turnpike, except upon the conditions and terms

prescribed by the department; however, a utility shall be permitted to connect its

lines with service stations, garages, restaurants and other installations permitted to

exist upon the right-of-way of the turnpike.

(6) Costs and expenses paid by the depar tment as permitted by subsections (1), (2), (3),

and (5) of this section may in the discretion of the department be reimbursed to it

from the proceeds of bonds issued for the project or projects under KRS 177.390 to

177.570 if so provided in the proceeding s or trust indenture pursuant to which such

bonds are issued.

(7) The Commonwealth hereby consents to the use of all lands owned by it, including

lands lying under water, which are deemed by the department to be necessary for

the construction or operation of any turnpike project.