{"data":{"id":"us-ky/krs-177.420","jurisdiction":"us-ky","citation":"KRS 177.420","heading":"Acquisition of property -- Condemnation -- Possession -- Special provisions","body":"for condemning railroad property.\n(1) The department is hereby authorized and empowered to acquire by purchase,\nwhenever it shall deem such purchase expedient, solely from fun ds provided under\nthe authority of KRS 177.390 to 177.570, such lands, structures, property, rights,\nrights-of-way, franchises, easements and other interests in lands, including lands\nlying under water and riparian rights, which are located within the Comm onwealth,\nas it may deem necessary or convenient for the construction and operation of any\nproject, upon such terms and at such prices as may be considered by it to be\nreasonable and can be agreed upon between it and the owner thereof, and to take\ntitle th ereto in the name of the Commonwealth for the use and benefit of the\ndepartment.\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\ndepartment is hereby authorized and empowered to acquire by condemnation or by\nthe exercise of the power of eminent domain any lands, property, rights, rights -of-\nway, franchises, 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 restoration 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 t he Constitution and laws of the\nCommonwealth then applicable which relate to condemnation or to the exercise of\nthe power of eminent domain by the department. Title to any property acquired by\nthe department shall be taken in the name of the Commonwealth f or the use and\nbenefit of the department. In any condemnation proceedings the court having\njurisdiction of the suit, action or proceeding may make such orders as may be just to\nthe department and to the owners of the property to be condemned and may requir e\nan undertaking or other security to secure such owners against any loss or damage\nby reason of the failure of the department to accept any pay for the property, but\nneither such undertaking or security nor any act or obligation of the department\nshall impose any liability upon the Commonwealth except as may be paid from the\nfunds provided under the authority of KRS 177.390 to 177.570.\n(3) If the owner, lessee or occupier of any property to be condemned shall refuse to\nremove his personal property therefro m or give up possession thereof, the\ndepartment 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 sufficiently far below the grade of any railroad track or tracks upon\nsuch railroad property so that neither the propos ed 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 institution 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 submitted, the matter shall be submitted to the Public Service\nCommission of Kentucky whose decision, arrived at aft er 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 appurt enances shall be\nconstructed only in accordance with such plans and specifications and in accordance\nwith such elevations or distances above or 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 177"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5328","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:29Z","sha256":"44151c9148c012cbc0d3283544bac18603faff838be38b045ea3ffe76ba18509","source_id":"us-ky","stale":false,"prev":"us-ky/krs-177.410","next":"us-ky/krs-177.430"},"notice":"GroundRules: Original legal text. Not legal advice."}