{"data":{"id":"us-ky/krs-177.430","jurisdiction":"us-ky","citation":"KRS 177.430","heading":"Grade separations -- Relocation or vacation of existing highway -- Rights","body":"of access -- Regulations as to public utility facilities on or along turnpike\nproject.\n(1) The department shall have power to construct grade separations at intersections of\nany turnpike project with public highways and to change and adjust the lines and\ngrades of such highways so as to accommodate the same to the design of such grade\nseparation. The cost of such grade separations and any damage incurred in changing\nand adjusting the lines and grades of such highways shall be ascertained and paid by\nthe department as a part of the cost of such turnpike project.\n(2) If the department shall find it necessary to change the location of any portion of any\npublic highway, it shall cause  the same to be reconstructed at such location as the\ndepartment shall deem most favorable and of substantially the same type and in as\ngood condition as the original highway. The cost of such reconstruction and any\ndamage incurred in changing the location  of any such highway shall be ascertained\nand paid by the department as 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 department in the manner now  provided by law for the\nvacation or relocation of public roads, and any damages awarded on account thereof\nshall be paid by the department as a part of the cost of such project.\n(4) In addition to the foregoing powers the department and its authorized age nts and\nemployees may enter upon any lands, waters and premises in the Commonwealth\nfor the purpose of making surveys, soundings, drillings and examinations as they\nmay deem necessary or convenient for the purposes of KRS 177.390 to 177.570,\nand such entry shall not be deemed a trespass, nor shall an entry for such purposes\nbe deemed an entry under any condemnation proceedings which may be then\npending. The department shall make reimbursement for any actual damage resulting\nto such lands, waters and premises as a result of such activities.\n(5) The department shall also have power to make reasonable regulations for the\ninstallation, construction, maintenance, repair, renewal, relocation and removal of\ntracks, pipes, mains, conduits, cables, wires, towers, pol es and other equipment and\nappliances (herein called \"public utility facilities\") of any public utility in, on, along,\nover or under any turnpike project. Whenever the department shall determine that it\nis necessary that any such public utility facilities which now are, or hereafter may\nbe, located in, on, along, over or under any turnpike project should be relocated in\nsuch turnpike project, or should be removed from such turnpike project, the public\nutility owning or operating such facilities shall reloca te or remove the same in\naccordance with the order of the department; provided, however, that the cost and\nexpenses of such relocation or removal, including the cost of installing such\nfacilities in a new location or new locations, and the cost of any land s, or any rights\nor interests in lands, and any other rights, acquired to accomplish such relocation or\nremoval, shall be ascertained and paid by the department as a part of the cost of\nsuch turnpike project. In case of any such relocation or removal of fa cilities, the\npublic utility owning or operating the same, its successors or assigns, may maintain\nand operate such facilities, with the necessary appurtenances, in the new location or\nnew locations, for as long a period, and upon the same terms and condit ions, as it\nhad the right to maintain and operate such facilities in their former location or\nlocations. No utility shall have the privilege of establishing its lines or properties\nwithin the right -of-way of a turnpike, except upon the conditions and terms\nprescribed by the department; however, a utility shall be permitted to connect its\nlines with service stations, garages, restaurants and other installations permitted to\nexist upon the right-of-way of the turnpike.\n(6) Costs and expenses paid by the depar tment as permitted by subsections (1), (2), (3),\nand (5) of this section may in the discretion of the department be reimbursed to it\nfrom the proceeds of bonds issued for the project or projects under KRS 177.390 to\n177.570 if so provided in the proceeding s or trust indenture pursuant to which such\nbonds are issued.\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 department to be necessary for\nthe construction or operation of any turnpike project.","path":["KRS Chapter 177"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5329","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:29Z","sha256":"ae2c2559a9617cbf3f50158f6768f3d85e174d60d211a4126738ce28ee426db3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-177.420","next":"us-ky/krs-177.440"},"notice":"GroundRules: Original legal text. Not legal advice."}