KRS § 175.490 — KY Code / Title XV / Chapter 175 / Section 175.490
175.490 Grade separations -- Relocation or vacation of existing highways -- Rights of access -- Regulations as to public utility facilities on or along turnpike projects
Status: in_force

175.490 Grade separations -- Relocation or vacation of existing highways -- Rights

of access -- Regulations as to public utility facilities on or along turnpike

projects.

(1) The authority shall have power to construct grade separations at intersections of any

turnpike project or projects with public highways and to change and adjust the lines

and grades of such highways so as to accommodate the same to the design of such

grade separation. The cost of such grade separations and any damage incurred in

changing and adjusting the lines and grades of highways shall be a part of the cost

of such turnpike project.

(2) If the authority shall find it necessary to change the location or grade of any portion

of any public highway, it shall cause the same to be reconstructed at such location

as the authority and the department shall deem most favorable and of substantially

the same type and in as good condition as the original highway. The cost of such

reconstruction and any damage incurred in changing the location or grade of any

such highway shall be a part of the cost of such turnpike project.

(3) Any public highway affected by the construction of any turnpike project may be

vacated or relocated by the authority, with the approval of the department, in the

manner now provided by law for the vacation or relocation of public roads and any

damages awarded on account thereof shall be a part of the cost of such project.

(4) The authority and its authorized agents and employees may enter upon any lands,

waters and premises in the Commonwealth for the purpose of making such surveys,

soundings, drillings and examinations as they may deem necessary or convenient

for the purpose of this chapter, and such entry shall not be deemed a trespass, nor

shall an entry for such purposes be deemed an entry under any condemnation

proceedings which may be then pending. The authority shall make reimbursement

to the owners for any actual damage resulting to such lands, waters and premises as

a result of such activities on behalf of the authority, and the same shall be a part of

the cost of such project.

(5) The authority shall have power to make reasonable regulations for the installation,

construction, maintenance, repair, renewal, relocation and removal of tracks, pipes,

mains, conduits, cables, wires, towers, poles and other equipment and appliances

(herein called "public utility facilities") of any public utility in, on, along, over or

under any turnpike project. Whenever the authority shall determine that it is

necessary that any such public utility facilities which now are, or hereafter may be,

located in, on, along, over or under any turnpike project should be relocated in such

turnpike project, or should be removed from such turnpike project, the public utility

owning or operating such facilities shall relocate or remove the same in accordance

with the order of the authority; provided, however, that the cost and expense of such

relocation or removal, including the cost of installing such facilities in a new

location or new locations, and the cost of any lands, or any rights or interests in

lands, and any other rights, acquired to accomplish such relocation or removal, shall

be a part of the cost of such turnpike project. In case of any such relocation or

removal of facilities, the public utility owning or operating the same, its successors

or assigns, may maintain and operate such facilities, with the necessary

appurtenances, in the new location or new locations, for as long a period, and upon

the same terms and conditions, as it had the right to maintain and operate such

facilities in their former location or locations. No utility shall have the privilege of

establishing its lines or properties within the right of way of a turnpike which has

been constructed or is owned, maintained or operated by the authority, except upon

the conditions and terms prescribed by the authority; however, a utility shall be

permitted to connect its lines with service stations, garages, restaurants and other

installations permitted by the authority to exist upon the right of way of the

turnpike.

(6) Costs and expenses incurred by the authority as permitted by subsections (1), (2),

(3), (4) and (5) of this section may, as provided in the applicable agreement or lease,

(a) be paid by the authority from the proceeds of revenue bonds issued by it for

financing the turnpike project or projects, or (b) be paid by the department from

available funds without reimbursement, or (c) be advanced by the department and

reimbursed to it from the proceeds of bonds issued for the project or projects under

this chapter.

(7) The Commonwealth hereby consents to the use of all lands owned by it, including

lands lying under water, which are deemed by the authority to be necessary for the

construction or operation of any turnpike project.