KRS 65.470: Construction in violation of easement prohibited -- Injunctive relief.

(1) From and after the time when a scenic easement has been acquired by the local

legislative body and its acceptance endorsed thereon, no building permit shall be

issued for any structure which would violate the easement and the local legislative

body shall s eek by appropriate proceedings an injunction against any threatened

construction or other development or activity on the land which would violate the

easement and shall seek a mandatory injunction requiring the removal of any

structure erected in violation of the easement and the restoration of the land to its

original character insofar as possible.

(2) In the event the local legislative body fails to seek an injunction against any

threatened construction or other development or activity on the land which would

violate the easement or to seek a mandatory injunction requiring the removal of any

structure erected in violation of the easement or the restoration of the land to its

original character insofar as possible, or if the local legislative body should

construct any structure or development or conduct or permit any activity in violation

of the easement, any resident of the jurisdiction which has acquired the easement

may, by appropriate proceedings, seek such an injunction.