{"data":{"id":"us-ky/krs-175.590","jurisdiction":"us-ky","citation":"KRS 175.590","heading":"Acquisition of property -- Condemnation -- Possession -- Special provisions","body":"for condemning railroad property.\n(1) The authority is hereby authorized and empowered to acquire by purchase,\nwhenever it shall deem such purchase expedient, solely from fund s provided\npursuant to this chapter, such lands, structures, property, rights, rights of way,\nfranchises, easements and other interests in lands, including lands lying under water\nand riparian rights, which are located within the Commonwealth, as it may de em\nnecessary or convenient for the construction and operation of any project, upon such\nterms and at such prices as may be considered by it to be reasonable and can be\nagreed upon between it and the owner thereof, and to take title thereto in the name\nof the authority.\n(2) Whenever a reasonable price cannot be agreed upon, or whenever the owner is\nlegally incapacitated or is absent, unknown or unable to convey valid title, the\nauthority is hereby authorized and empowered to acquire by condemnation or by the\nexercise of the power of eminent domain any lands, property, rights, rights of way,\nfranchises, easements and other property, including public lands, parks,\nplaygrounds, reservations, highways or parkways, or parts thereof or rights therein,\nof any person , copartnership, association, railroad, public service, public utility or\nother corporation, or municipality or political subdivision, deemed necessary or\nconvenient for the construction or the efficient operation of any project or necessary\nin the restora tion of public or private property damaged or destroyed. Any such\nproceedings shall be conducted, and the compensation to be paid shall be\nascertained and paid, in the manner provided by the Constitution and laws of the\nCommonwealth then applicable which r elate to condemnation or to the exercise of\nthe power of eminent domain by the department. Title to any property acquired by\nthe authority shall be taken in the name of the authority. In any condemnation\nproceedings the court having jurisdiction of the suit, action or proceeding may make\nsuch orders as may be just to the authority and to the owners of the property to be\ncondemned and may require an undertaking or other security to secure such owners\nagainst any loss or damage by reason of the failure of the  authority to accept and\npay for the property, but neither such undertaking or security nor any act or\nobligation of the authority shall impose any liability upon the Commonwealth\nexcept as may be paid from the funds provided under this chapter.\n(3) If the owner, lessee or occupier of any property to be condemned shall refuse to\nremove his personal property therefrom or give up his possession thereof, the\nauthority may proceed to obtain possession in any manner now or hereafter\nprovided by law.\n(4) With respect to any railroad property or right of way upon which railroad tracks are\nlocated, any powers of condemnation or of eminent domain may be exercised to\nacquire only an easement interest therein which shall be located either sufficiently\nfar above or suff iciently far below the grade of any railroad track or tracks upon\nsuch railroad property so that neither the proposed project nor any part thereof,\nincluding any bridges, abutments, columns, supporting structures and\nappurtenances, nor any traffic upon it,  shall interfere in any manner with the use,\noperation or maintenance of the trains, tracks, works or appurtenances or other\nproperty of the railroad nor endanger the movement of the trains or traffic upon the\ntracks of the railroad. Prior to the instituti on of condemnation proceedings for such\neasement over or under such railroad property or right of way, plans and\nspecifications of the proposed project showing compliance with the above\nmentioned above or below grade requirements and showing sufficient and  safe\nplans and specifications of such overhead or undergrade structure and\nappurtenances shall be submitted to the railroad for examination and approval. If\nthe railroad fails or refuses within thirty (30) days to approve the plans and\nspecifications so s ubmitted, the matter shall be submitted to the Public Service\nCommission of Kentucky whose decision arrived at after due consideration in\naccordance with its usual procedure, shall be final as to the sufficiency and safety of\nsuch plans and specifications and as to such elevations or distances above or below\nthe tracks. Said overhead or undergrade structure and appurtenances shall be\nconstructed only in accordance with such plans and specifications and in accordance\nwith such elevations or distances above o r below the tracks so approved by the\nrailroad or the Public Service Commission as the case may be. A copy of the plans\nand specifications approved by the railroad or the Public Service Commission shall\nbe filed as an exhibit with the petition for condemnation.","path":["KRS Chapter 175"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5091","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:25Z","sha256":"50a7462e81d2866120f8ebc463a97341726a56cdcca4004a17c6eeb0f9ea7586","source_id":"us-ky","stale":false,"prev":"us-ky/krs-175.580","next":"us-ky/krs-175.600"},"notice":"GroundRules: Original legal text. Not legal advice."}