KRS 381.636: Findings required by commissioners in condemnation of underground

passageway -- Basis of compensation -- Immediate possession.

All of the provisions of the Eminent Domain Act of Kentucky shall be applicable for the

purposes of KRS 381.635 and this section, except as follows:

(1) The commissioners shall be required to find, in addition to their other findings, that

access over the surface of the land would be impracticable, and that the use or

making and use of the shafts, slopes, passageways or entri es would not cause undue

or unreasonable inconvenience to the owner thereof.

(2) Compensation shall be determined in accordance with what will constitute just

compensation to the owner of the shafts, slopes, passageways or entries for the use

thereof, and not on the basis of an actual taking of the land. Where the right to make

a shaft, slope, passageway or entry is condemned, the condemnor shall be required

to pay compensation for the value of any merchantable coal or other mineral that

may be removed from the land in making the shaft, slope, passageway or entry, and

for any incidental damages arising therefrom.

(3) At the time of examining the report of the commissioners, the court shall enter an

order granting the applicant the immediate use of the righ t of access sought to be

condemned, notwithstanding the filing of exceptions by the owners, if:

(a) The report of the commissioners favors condemnation; and

(b) The person seeking condemnation has paid into court the amount of

compensation fixed by the commissioners, and has filed with the court a bond,

with sureties approved by the court, conditioned upon his paying to the owner

or owners the difference between the sum paid into court and that which may

thereafter be finally determined, in the proceeding , to be the value of the right

of access, and further conditioned that, if it is finally determined in the

proceeding that the person is not entitled to condemn the right of access, he

will pay to the owner or owners damages for his use pending such final

determination.