KRS 267.280: Condemnation of land not affected by drainage.

If it is necessary to acquire a right-of-way or any outlet over or through lands not affected

by the drainage, and the same cannot be acquired by purchase, the same may be

condemned by the board. The owners of the land sought to be condemned shall be made

parties to the proceeding, and the procedure shall be substantially as provided in the

Eminent Domain Act of Kentucky. The damages awarded shall be paid by the board out

of the first funds available, before the land is taken, injured or destroyed, unless t he party

entitled thereto waives payment in advance.