KRS 381.635: Right of condemnation of underground passageway to mine.

Whenever it is necessary for the owner of land to have access over, under or through the

land of one or more other persons, for the purpose of operating a coal mine or other mine,

and marketing the products therefrom, and access over the surface of the lan d of such

other persons, for the purpose, would be impracticable, but there exist shafts, slopes,

passageways or entries below the surface of the land of such other persons, suitable for

the purpose and which could be used for the purpose without undue or unreasonable

inconvenience to the owner thereof, or there exist coal seams or other strata below the

surface of the land of such other persons, through which shafts, slopes, passageways or

entries may be made without unreasonable inconvenience to the owner thereof, the right

to use, or to make and use, such shafts, slopes, passageways or entries may be condemned

under the procedure set forth in the Eminent Domain Act of Kentucky, subject to the

exceptions prescribed in KRS 381.636. The right of use so conde mned shall include the

right to install tracks, power lines, lights, ventilating equipment, and other things

necessary for satisfactory use. And provided further that in any case where the rights or

uses herein provided for are sought to be condemned throu gh any land already devoted to

mining purposes, if such proposed rights or uses in any wise interfere with or disrupt any

approved mining methods, plans or practices, as established or projected as a part of a

general plan of mining to conform to or comply with any safety provisions, rules or

regulations under the existing mining laws of the state of Kentucky or of the United

States of America as now in effect or hereafter enacted, such rights or uses shall be

conclusively presumed to be undue and unreasona ble inconvenience to the owner within

the meaning of this section and KRS 381.636.