{"data":{"id":"us-ky/krs-381.635","jurisdiction":"us-ky","citation":"KRS 381.635","heading":"Right of condemnation of underground passageway to mine.","body":"Whenever it is necessary for the owner of land to have access over, under or through the\nland of one or more other persons, for the purpose of operating a coal mine or other mine,\nand marketing the products therefrom, and access over the surface of the lan d of such\nother persons, for the purpose, would be impracticable, but there exist shafts, slopes,\npassageways or entries below the surface of the land of such other persons, suitable for\nthe purpose and which could be used for the purpose without undue or unreasonable\ninconvenience to the owner thereof, or there exist coal seams or other strata below the\nsurface of the land of such other persons, through which shafts, slopes, passageways or\nentries may be made without unreasonable inconvenience to the owner  thereof, the right\nto use, or to make and use, such shafts, slopes, passageways or entries may be condemned\nunder the procedure set forth in the Eminent Domain Act of Kentucky, subject to the\nexceptions prescribed in KRS 381.636. The right of use so conde mned shall include the\nright to install tracks, power lines, lights, ventilating equipment, and other things\nnecessary for satisfactory use. And provided further that in any case where the rights or\nuses herein provided for are sought to be condemned throu gh any land already devoted to\nmining purposes, if such proposed rights or uses in any wise interfere with or disrupt any\napproved mining methods, plans or practices, as established or projected as a part of a\ngeneral plan of mining to conform to or comply  with any safety provisions, rules or\nregulations under the existing mining laws of the state of Kentucky or of the United\nStates of America as now in effect or hereafter enacted, such rights or uses shall be\nconclusively presumed to be undue and unreasona ble inconvenience to the owner within\nthe meaning of this section and KRS 381.636.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35471","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:10Z","sha256":"6b6f56ffe35532e0e7d182c0923bf0957fb5d3f8bdf9d2f83c398d5a1048e39a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.630","next":"us-ky/krs-381.636"},"notice":"GroundRules: Original legal text. Not legal advice."}