{"data":{"id":"us-ky/krs-382.850","jurisdiction":"us-ky","citation":"KRS 382.850","heading":"Transfer of easement -- Effect on mining operations and on eminent","body":"domain powers -- Definition of \"feasible alternative location\" -- Requirement\nto demonstrate lack of feasible alternative location in certain eminent domain\nactions.\n(1) As used in this section, \"feasible alternative location\" means a location that:\n(a) Impacts the same property but does not impact the conservation easement on\nthe property; and\n(b) Does not materially increase the cost of the project.\n(2) A conservation easement sh all not be transferred by owners of property in which\nthere are outstanding subsurface rights without the prior written consent of the\nowners of the subsurface rights.\n(3) A conservation easement shall not operate to limit, preclude, delete, or require\nwaivers for the conduct of coal mining operations, including the transportation of\ncoal, upon any part or all of adjacent or surrounding properties; and shall not\noperate to impair or restrict any right or power of eminent domain created by\nstatute, and all s uch rights and powers shall be exercisable as if the conservation\neasement did not exist.\n(4) (a) Notwithstanding subsection (3) of this section, in a condemnation action\nunder the Eminent Domain Act of Kentucky, KRS 416.540 to 416.670,\ninvolving privately owned property that is subject to a conservation easement,\nthe condemnor shall provide a sworn written report to the court justifying the\ncondemnation of the specific property at issue due to the lack of feasible\nalternative locations to satisfy the purpo ses of the project unless the\ncondemnation action:\n1. Is initiated by a city, county, municipal utility, investor -owned utility,\nutility cooperative, water district, or water association; and\n2. Involves eas ements for utilities that do not interfere with agricultural\noperations or result in a taking of agricultural infrastructure.\n(b) If the court, in its discretion, determines that the report does not demonstrate a\nlack of feasible alternative locations to s atisfy the purposes of the project, the\ncondemnation action shall be dismissed in accordance with KRS 416.610(4).\n(5) This section shall not prevent a property owner from:\n(a) Challenging the necessity of condemnation for the project; or\n(b) Offering additional feasible alternative locations to satisfy the purposes of the\nproject.","path":["KRS Chapter 382"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56846","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:13Z","sha256":"88effbc0095defad132b82b1b6f0d740ec473fa9bbfd35ecc16fd33be0be3f90","source_id":"us-ky","stale":false,"prev":"us-ky/krs-382.840","next":"us-ky/krs-382.860"},"notice":"GroundRules: Original legal text. Not legal advice."}