KRS 268.570: Owner may use drain as outlet -- May condemn intervening land.

Any owner may use the drain as an outlet for lateral ditches from his land. If his land is

separated from the drain by the land of another and they are unable to agree as to the

conditions on which one may enter another's land and construct the ditch, he m ay file his

ancillary petition in the pending proceeding to the court, and secure condemnation as

provided for in the Eminent Domain Act of Kentucky. When the ditch is constructed, it

shall become a part of the drainage system and shall be under the control of the board and

kept in repair by it.