{"data":{"id":"us-ky/krs-175.490","jurisdiction":"us-ky","citation":"KRS 175.490","heading":"Grade separations -- Relocation or vacation of existing highways -- Rights","body":"of access -- Regulations as to public utility facilities on or along turnpike\nprojects.\n(1) The authority shall have power to construct grade separations at intersections of any\nturnpike project or projects with public highways and to change and adjust the lines\nand grades of such highways so as to accommodate the same to the design of such\ngrade separation. The cost of such grade separations and any damage incurred in\nchanging and adjusting the lines and grades of highways shall be a part of the cost\nof such turnpike project.\n(2) If the authority shall find it necessary to change the location or grade of any portion\nof any public highway, it shall cause the same to be reconstruc ted at such location\nas the authority and the department shall deem most favorable and of substantially\nthe same type and in as good condition as the original highway. The cost of such\nreconstruction and any damage incurred in changing the location or grad e of any\nsuch highway shall be a part of the cost of such turnpike project.\n(3) Any public highway affected by the construction of any turnpike project may be\nvacated or relocated by the authority, with the approval of the department, in the\nmanner now provided by law for the vacation or relocation of public roads and any\ndamages awarded on account thereof shall be a part of the cost of such project.\n(4) The authority and its authorized agents and employees may enter upon any lands,\nwaters and premises in the Commonwealth for the purpose of making such surveys,\nsoundings, drillings and examinations as they may deem necessary or convenient\nfor the purpose of this chapter, and such entry shall not be deemed a trespass, nor\nshall an entry for such purposes be d eemed an entry under any condemnation\nproceedings which may be then pending. The authority shall make reimbursement\nto the owners for any actual damage resulting to such lands, waters and premises as\na result of such activities on behalf of the authority, and the same shall be a part of\nthe cost of such project.\n(5) The authority shall have power to make reasonable regulations for the installation,\nconstruction, maintenance, repair, renewal, relocation and removal of tracks, pipes,\nmains, conduits, cables, wires, towers, poles and other equipment and appliances\n(herein called \"public utility facilities\") of any public utility in, on, along, over or\nunder any turnpike project. Whenever the authority shall determine that it is\nnecessary that any such public ut ility facilities which now are, or hereafter may be,\nlocated in, on, along, over or under any turnpike project should be relocated in such\nturnpike project, or should be removed from such turnpike project, the public utility\nowning or operating such facili ties shall relocate or remove the same in accordance\nwith the order of the authority; provided, however, that the cost and expense of such\nrelocation or removal, including the cost of installing such facilities in a new\nlocation or new locations, and the c ost of any lands, or any rights or interests in\nlands, and any other rights, acquired to accomplish such relocation or removal, shall\nbe a part of the cost of such turnpike project. In case of any such relocation or\nremoval of facilities, the public utilit y owning or operating the same, its successors\nor assigns, may maintain and operate such facilities, with the necessary\nappurtenances, in the new location or new locations, for as long a period, and upon\nthe same terms and conditions, as it had the right t o maintain and operate such\nfacilities in their former location or locations. No utility shall have the privilege of\nestablishing its lines or properties within the right of way of a turnpike which has\nbeen constructed or is owned, maintained or operated b y the authority, except upon\nthe conditions and terms prescribed by the authority; however, a utility shall be\npermitted to connect its lines with service stations, garages, restaurants and other\ninstallations permitted by the authority to exist upon the r ight of way of the\nturnpike.\n(6) Costs and expenses incurred by the authority as permitted by subsections (1), (2),\n(3), (4) and (5) of this section may, as provided in the applicable agreement or lease,\n(a) be paid by the authority from the proceeds of re venue bonds issued by it for\nfinancing the turnpike project or projects, or (b) be paid by the department from\navailable funds without reimbursement, or (c) be advanced by the department and\nreimbursed to it from the proceeds of bonds issued for the projec t or projects under\nthis chapter.\n(7) The Commonwealth hereby consents to the use of all lands owned by it, including\nlands lying under water, which are deemed by the authority to be necessary for the\nconstruction or operation of any turnpike project.","path":["KRS Chapter 175"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5079","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:25Z","sha256":"bb8122e42dad86e2200348ca35a085d6031c735b60a6e83547b21ff437d49b59","source_id":"us-ky","stale":false,"prev":"us-ky/krs-175.480","next":"us-ky/krs-175.500"},"notice":"GroundRules: Original legal text. Not legal advice."}