KRS § 175B.050 — KY Code / Title XV / Chapter 175B / Section 175B.050
175B.050 Permitted construction activities -- Permitted entry upon lands, waters, and premises for necessary construction work -- Administrative regulations concerning public utility facilities
Status: in_force

175B.050 Permitted construction activities -- Permitted entry upon lands, waters,

and premises for necessary construction work -- Administrative regulations

concerning public utility facilities.

(1) A project developed by an authority under this chapter may include construction of

grade separations at intersections of any project or projects with public highways

and changing and adjusting the lines and grades of the highways so as to

accommodate them to the design of the grade separation, with the approval of the

department.

(2) (a) If a project developed by an authority results in the need to change the

location or grade of any portion of any public highway, it shall be

reconstructed at a location that the authority and the department deem most

favorable.

(b) Any highway relocated under this subsection shall be rebuilt of substantially

the same type and in as good condition as the original highway.

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

relocated as a part of the project, with the approval of the department, in the manner

provided by law for the vacation or relocation of public roads.

(4) (a) The developing authority and its authorized agents and employees may with

proper notice enter upon any lands, waters, and premises in the

Commonwealth for the purpose of making any surveys, soundings, drillings,

and examinations necessary for the purposes of this chapter. This entry shall

not be deemed a trespass, nor shall an entry for these purposes be deemed an

entry under any condemnation proceedings which may be then pending.

(b) The developing authority shall reimburse the owners for any actual damage

resulting to lands, waters, and premises as a result of these activities on behalf

of the developing authority.

(5) (a) The state authority may promulgate administrative regulations in accordance

with KRS Chapter 13A for the installation, construction, maintenance, repair,

renewal, relocation, and removal of public utility facilities.

(b) If the developing authority determines that it is necessary for any public utility

facilities which now are located in, on, along, over, or under the project to be

relocated or be removed, the public utility owning or operating the facilities

shall relocate or remove them in accordance with the requirements of the

Public Service Commission.

(c) In case of a relocation or removal of facilities, the public utility owning or

operating the facility and its successors or assigns may maintain and operate

these facilities and the necessary appurtenances in the new location, for as

long a period and upon the same terms and conditions as it had the right to

maintain and operate the facilities in the former location.

(d) 1. A utility may establish its lines or properties within the right-of-way of a

project which has been constructed or is owned, maintained, or operated

by an authority only upon approval by the authority.

2. A utility may connect its lines with businesses and other installations

permitted by an authority to exist upon the right-of-way of a project.

(6) A developing authority may contract with any person, partnership, association, or

corporation desiring the incidental use of any part of the project, including the right-

of-way adjoining the project, for the limited purpose of placing telecommunications

equipment, power lines, or other utilities, and to fix the terms, conditions, rents, and

rates of charges for that use.