{"data":{"id":"us-ky/krs-177.035","jurisdiction":"us-ky","citation":"KRS 177.035","heading":"Cost of relocation of publicly and privately owned utility equipment and","body":"appliances to be borne by department -- Conditions.\n(1) (a) If the department determines that it is necessary for any fireplugs, pipes,\nmains, conduits, cables, wires, t owers, poles, and other equipment and\nappliances, belonging to any municipality or a municipally owned utility, or\nany water district established pursuant to KRS Chapter 74, any water\nassociation established pursuant to KRS Chapter 273, any local school\ndistrict, or any sanitation district established pursuant to KRS Chapter 220, to\nbe removed or relocated on, along, over, or under a highway, in order to\nconstruct, reconstruct, relocate, or improve any highway, the municipality,\nmunicipally owned utility, water district, local school district, or the sanitation\ndistrict shall relocate or remove them in accordance with the order of the\ndepartment.\n(b) The costs and expenses of relocation or removal required by this section,\nincluding the costs of installing facilities in a new location, and the cost of any\nlands, or any rights or interest in lands, and any other rights, acquired to\naccomplish the relocation or removal, shall be ascertained and paid by the\ndepartment as a part of the cost of improving or constructing highways.\n(2) The term \"utility\" as used in subsections (3) to (5) of this section means:\n(a) Any utility not referenced in subsection (1) of this section;\n(b) Any utility as defined in KRS 278.010; and\n(c) Cable operators and broadband providers.\n(3) If a utility has facilities located within the public right -of-way, the department may\nreimburse the utility the cost to relocate the utility's facilities to a location either\nwithin or without the public right -of-way if the relocation is required due to a\nhighway construction project, subject to the following conditions:\n(a) The utility shall be required to submit to the department for the department's\napproval a plan for relocating the utility's facilities. The plan shall include:\n1. A proposal for the relocation, including plans and a cost estimate\ndeveloped in accordance with department guidelines; and\n2. A reasonable schedule of calendar days for completing the relocation\nthat has been agreed to by the department. If, due to circums tances\nbeyond the utility's control, the utility or the department cannot meet the\nspecified completion date included in the plan, the department may\ngrant an extension to the utility for a time period agreed upon by both\nparties; and\n(b) The utility shall be required to have either:\n1. Entered into a written agreement with the department to include the\nrelocation of the facilities as part of the department's construction\ncontract. The utility may, with the approval of the department, perform a\nportion of t he relocation work under this subparagraph with contractors\nor employees of the utility; or\n2. Entered into a written agreement with the department for the utility to\nremove all of its facilities that conflict with the highway construction\nproject, as dete rmined by the department, prior to letting the\nconstruction contract. The utility may perform a portion or all of the\nrelocation work under this subparagraph with contractors or employees\nof the utility.\n(4) A utility that enters into an agreement with the  department under subsection (3)(b)\nof this section shall be required to complete the relocation work in compliance with\nthe schedule included in the plan required to be submitted under subsection (3)(a)\nof this section. The provisions of this subsection s hall not apply if the department\nfails to undertake the highway construction project within the time period specified\nin the agreement, and in this instance, the department shall be required to reimburse\nthe utility any allowable cost the utility has incur red to relocate its facilities in\ncompliance with the plan approved by the department.\n(5) The department shall reimburse a utility as authorized in subsection (3) of this\nsection if the department is satisfied that the utility's facilities have been reloc ated\nin conformance with the plan approved by the department. The utility shall have\ntwelve (12) months from the completion date of the relocation, according to the\nschedule of calendar days, to submit a reimbursement request for relocation costs to\nthe department.\n(6) The provisions of this section shall not amend or affect in any way the provisions of\nKRS 179.265.","path":["KRS Chapter 177"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56242","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:28Z","sha256":"fe95436b0b12eaf0458627c9bdb1f58b2d9739ecf0fbe3a9a55d92f03ffb89f0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-177.030","next":"us-ky/krs-177.037"},"notice":"GroundRules: Original legal text. Not legal advice."}