KRS 278.540: Acquisition of right -of-way by telephone or telegraph company --

Condemnation.

(1) Any telephone company or telegraph company authorized to do business in this

state shall, upon making just compensation, have the right to construct, maintain

and operate its lines through any public lands of this state and on, across and along

any public road, and across and under any navigable waters, but not in such a

manner as to interfere with travel on the road or to obstruct the navigation of the

waters.

(2) Any t elephone company authorized to do business in this state may, by contract

with any person, construct, maintain and operate telephone lines on and across the

real property of that person, and if it cannot obtain the right -of-way by contract it

may, except as provided in KRS 416.090, condemn the right -of-way in the manner

provided in the Eminent Domain Act of Kentucky.

(3) Any telegraph company authorized to do business in this state that desires to

construct, operate and maintain its lines on or along the ri ght-of-way and structure

of any railroad may, through an authorized agent, contract with the railroad

company for that right.

(4) The parts of this section relating to the rights of telephone companies do not apply

to any city.