KRS 96.590: Power of condemnation.

(1) Any board proceeding under KRS 96.550 to 96.900 shall have the right to acquire

by the exercise of the power of eminent domain, all lands, easements, rights of way,

either upon or under or above the ground, any existing electric plant, or that part of

an electric plant within the corporate limits of such city, and any and all real estate,

franchise or personal property reasonably necessary or desirable in connection with

the construction or operation or maintenance of electric plants or improvements or

extensions thereto; and the right of such board to acquire such electric plant and

facilities hereby is declared to be a superior and paramount right and superior and

paramount to any other public use. Provided, however, That no board, by exercise

of the power of eminent domain, shall have the right to acquire any central

generating plant or station or substation or transmission lines, dams, or other

property or facilities primarily and principally used by any public or private utility

in the production and tra nsmission of electric energy by such public or private

utility for use outside the area to be served by the municipal electric plant; and,

Provided further, That in the eminent domain proceedings to acquire from any

public or private utility an electric pl ant, the property condemned must include all

of the property owned by the utility within the city limits which is used or useful in

connection with the business, of rendering electric service, subject only to the

proviso next hereinabove in this section stated.

(2) The condemnation or eminent domain proceedings shall be brought in the name of

the board, and title to the property so condemned shall be taken in the name of the

board.