{"data":{"id":"us-ky/krs-175b.050","jurisdiction":"us-ky","citation":"KRS 175B.050","heading":"Permitted construction activities -- Permitted entry upon lands, waters,","body":"and premises for necessary construction work -- Administrative regulations\nconcerning public utility facilities.\n(1) A project developed by an authority under this chapter may i nclude construction of\ngrade separations at intersections of any project or projects with public highways\nand changing and adjusting the lines and grades of the highways so as to\naccommodate them to the design of the grade separation, with the approval of the\ndepartment.\n(2) (a) If a project developed by an authority results in the need to change the\nlocation or grade of any portion of any public highway, it shall be\nreconstructed at a location that the authority and the department deem most\nfavorable.\n(b) Any highway relocated under this subsection shall be rebuilt of substantially\nthe same type and in as good condition as the original highway.\n(3) Any public highway affected by the construction of any project may be vacated or\nrelocated as a part of the project, with the approval of the department, in the manner\nprovided by law for the vacation or relocation of public roads.\n(4) (a) The developing authority and its authorized agents and employees may with\nproper notice enter upon any lands, waters, and prem ises in the\nCommonwealth for the purpose of making any surveys, soundings, drillings,\nand examinations necessary for the purposes of this chapter. This entry shall\nnot be deemed a trespass, nor shall an entry for these purposes be deemed an\nentry under any condemnation proceedings which may be then pending.\n(b) The developing authority shall reimburse the owners for any actual damage\nresulting to lands, waters, and premises as a result of these activities on behalf\nof the developing authority.\n(5) (a) The state authority may promulgate administrative regulations in accordance\nwith KRS Chapter 13A for the installation, construction, maintenance, repair,\nrenewal, relocation, and removal of public utility facilities.\n(b) If the developing authority determines that it is necessary for any public utility\nfacilities which now are located in, on, along, over, or under the project to be\nrelocated or be removed, the public utility owning or operating the facilities\nshall relocate or remove them in accordance with the requirements of the\nPublic Service Commission.\n(c) In case of a relocation or removal of facilities, the public utility owning or\noperating the facility and its successors or assigns may maintain and operate\nthese facilities and the necessary appurtenances  in the new location, for as\nlong a period and upon the same terms and conditions as it had the right to\nmaintain and operate the facilities in the former location.\n(d) 1. A utility may establish its lines or properties within the right-of-way of a\nproject which has been constructed or is owned, maintained, or operated\nby an authority only upon approval by the authority.\n2. A utility may connect its lines with businesses and other installations\npermitted by an authority to exist upon the right-of-way of a project.\n(6) A developing authority may contract with any person, partnership, association, or\ncorporation desiring the incidental use of any part of the project, including the right-\nof-way adjoining the project, for the limited purpose of placing telecommunications\nequipment, power lines, or other utilities, and to fix the terms, conditions, rents, and\nrates of charges for that use.","path":["KRS Chapter 175B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5143","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:26Z","sha256":"b2f17ce83f4d71dd7fe8ffb6ba4ecbe6ab630a347eabd1794a7a7239bd9249f8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-175b.045","next":"us-ky/krs-175b.055"},"notice":"GroundRules: Original legal text. Not legal advice."}