{"data":{"id":"us-ky/krs-96a.080","jurisdiction":"us-ky","citation":"KRS 96A.080","heading":"Acquisition of transportation systems by purchase or condemnation --","body":"Subsidies.\n(1) A transit authority may establish mass transportation within its transit area and\nadjoining areas, but may not inaugurate service in direct competition with any\nexisting certificated carrier.\n(2) In addition to the power conferred upon an authority by this chapter, an authority\nmay acquire real or personal property, easements, franchises, bus certificates, or\nother rights by any lawful means necessary to its operation o f any existing mass\ntransit system within its transit area and adjoining areas, provided that having\nacquired an existing transit system it shall not thereafter inaugurate service in direct\ncompetition with any other existing certificated carrier.\n(3) An authority may, if unable to contract or agree with the owner or owners thereof,\nacquire real and personal property, franchises, bus certificates, easements and other\nrights when necessary in and to the accomplishments of the public purposes of the\nauthority, through exercise of the power of eminent domain; provided, however,\nthat in acquiring any private bus company pursuant to this section, the authority\nmay not do so piecemeal but shall acquire the entire system including that which\nmay be outside the area  then included within the authority. An authority shall not\ncondemn any real and personal property, franchises, bus certificates, easements and\nother rights of a private bus company the majority of whose passengers move\nbetween termini without the transit area. Any exercise of such power shall be\ninitiated by resolution of the board of the authority identifying the properties or\nrights to be acquired, reciting the board's determination that acquisition by such\nmeans is necessary, and authorizing initiation of proceedings as required by law;\nand such resolution of the board of the authority shall not be conclusive of such\ndetermination but shall be subject to the approval of the fiscal court or courts of the\ncounty or counties in which the property sought to be condemned is located.\n(4) Proceedings in the exercise of the power of eminent domain herein vested in an\nauthority shall, except where inconsistent with this chapter, be such as are\nprescribed for the Department of Highways by the Eminent Domain Act of\nKentucky, and as the same may be amended and supplemented from time to time.\nAll such proceedings shall be governed by the provisions of the Rules of Civil\nProcedure except where the provisions of this chapter or of the Eminent Domain\nAct of Kentucky speci fically or by necessary implication provide otherwise. If a\nprivately owned mass transportation system, or other property sought to be acquired\nby an authority, shall have been acquired or improved in whole or in part at the\nexpense of the authority, the c ost and value of such acquisitions and improvements\nshall be excluded in any proceedings to establish the fair value thereof.\n(5) During any period when negotiations for the purchase of a mass transit system are\nin progress, and/or during any period when p roceedings for acquisition of a mass\ntransportation system through exercise of the power of eminent domain may be\npending, an authority may make reasonable subsidy payments to the owner or\nowners of such mass transit system if, in the judgment of the board  of the authority,\nsuch subsidy payments are necessary in order to give reasonable assurance that there\nwill be no substantial reduction of transportation service to the public. Such subsidy\npayments may be made by an authority from any resources available  to it, or from\nappropriations made or agreed to be made to it by any public body having an\ninterest in the preservation of mass transit service to the public; and if bonds are\nultimately issued for the purchase or other acquisition of such mass transit sy stem,\nthe aggregate amount of such subsidy payments may be included as a part of the\ncost of acquisition and made payable from the proceeds of such bonds. In no event,\nhowever, shall any action on the part of a board of an authority in this connection\ncreate an indebtedness of the authority beyond its available resources or such\nappropriations or the proceeds of such bonds, if and when bonds are issued.","path":["KRS Chapter 96A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26329","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:59Z","sha256":"b4433a66e8cf04c2794850df8d305daf111330f50f43aec1a160fc4d4869a7ec","source_id":"us-ky","stale":false,"prev":"us-ky/krs-96a.070","next":"us-ky/krs-96a.090"},"notice":"GroundRules: Original legal text. Not legal advice."}