KRS § 416.140 — KY Code / Title XXXVII / Chapter 416 / Section 416.140
416.140 Companies transmitting or selling electricity, gas, or gasoline may acquire rights for lines and appliances along roads and streams
Status: in_force

416.140 Companies transmitting or selling electricity, gas, or gasoline may acquire

rights for lines and appliances along roads and streams.

(1) Subject to the provisions of subsections (2) and (3) of this section, any person

authorized under the laws of this state to conduct the business of producing or

supplying water, electricity, gas or gasoline for purposes of light, heat, domestic use

or power, or who is engaged in the business of the transmission or sale of water,

electricity, gas or gasoline for such purposes, the aforesaid businesses being for a

public purpose, may construct and maintain transmission or distribution lines,

including placing and maintenance of pipes, poles, wires, crossarms and all other

equipment incident thereto, for use in the transmission and sale of such water,

electricity, gas or gasoline under, on, along or over any right-of-way used as a state

highway, county road, public way or dedicated road outside the limits of a city, and

over, under or across any of the waters of this state outside the limits of a city, and

may construct and maintain along any right-of-way used for purposes of such state

highway or county road all erections and appliances that are necessary to transform,

convert and apply such water, electricity, gas or gasoline to the public purposes of

lighting, heat, domestic use or power and to distribute and deliver it to the

consumers.

(2) The fixtures of the company shall not interfere with, obstruct or endanger the travel

on and along the highway or road, nor obstruct the navigation of the waters, and the

location of all transmission lines and other appliances shall be subject to the

reasonable direction and regulation of the authorities having control of the

highways, roads and waters through and over which the lines are constructed or

proposed to be constructed.

(3) Before any persons named in subsection (1) of this section shall proceed to place his

wires, poles or other appliances on or over any part of the right-of-way of a state

highway, he shall first obtain from the Department of Highways a permit so to do.

Any poles, wires or other obstructions, heretofore or hereafter placed along, under,

on or over any state highway that are found by the Department of Highways to be

unreasonably interfering in any way with the convenient, safe and continuous use

and maintenance of such highway shall, upon thirty (30) days' notice to the person

or his chief agent, by the Department of Highways, be removed or relocated by such

person at his own expense, except as otherwise provided in KRS 177.035.

Whenever an order of the Department of Highways requires such removal or change

in the location of any telephone, telegraph, electric light or other poles, signboards,

fences, gasoline tanks and pumps, gas, water, sewerage, oil or other pipelines, or

other similar construction or obstructions from the right-of-way of a state highway,

and the owner thereof fails to remove or change the same at his own expense,

except as otherwise provided in KRS 177.035, to conform to the order within the

time stated in the notice, the Department of Highways shall proceed to cause the

obstruction to be removed; the expense thereby incurred shall be paid out of any

money available therefor, and shall be charged against the owner and levied and

collected and paid into the State Treasury as provided by law.