Ky. Rev. Stat. § 277.060

Powers and duties of railroad companies as to construction, alteration and

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maintenance of railroad line. (1) Every railroad company may: (a) Cause such examinations and surveys to be made as are necessary to the selection of the most advantageous route for its proposed railroad, and for that purpose its officers, agents and servants may enter upon the property of any person, subject to liability for all damage done by them to such property. (b) Receive, hold and take possession of any voluntary grants and donations of property made to it to aid in the construction, maintenance and operation of the road; any real property so received shall be held and used for the purposes of the grant or donation only. (c) Purchase, hold, take possession of and use all franchises and property necessary for the construction, maintenance and accommodation of its line of railroads, but the same shall not be taken or appropriated without the consent of the owner until the compensation to be made therefor is agreed upon or ascertained, and paid or deposited, as provided by the Eminent Domain Act of Kentucky. (d) Lay out and construct its road not exceeding one hundred (100) feet in width, unless more than one (1) track is laid, in which case the width may be extended not exceeding fifty (50) feet for each additional track. (e) Take, in the manner provided by the Eminent Domain Act of Kentucky such lands in the vicinity of or adjacent to its road as are necessary for cuts or embankments, the procurement of stone, gravel or other materials, or for draining the roadbed. (f) Change, when it deems proper, the gauge of its road. (g) Change the location or grade of any portion of its road for any reasonable cause, but shall not, except as otherwise provided by law, depart from the general route prescribed in the articles of incorporation. (h) Construct its road upon or across any private road, highway, street, lane or alley, and across any railroad, canal or watercourse. (2) Every railroad company shall restore to its former condition, as near as may be, any private road, highway, street, lane, alley, railroad, canal or watercourse upon or across which it has constructed its road, and shall maintain the same in that condition within the right-of-way of the railroad company. It shall construct suitable road and street crossings for the passage of traffic by putting down planks or other suitable material between and on each side of the rails, the top of which shall be at least as high as the top of the rails. (3) If the railroad is constructed upon any public street or alley, the construction shall be upon such terms and conditions as are agreed upon between the company and the authorities of the city, and the road shall not be constructed until compensation is made, either by agreement or in the manner provided by the Eminent Domain Act of Kentucky, to the owners of the property adjoining those parts of the street or alley on which the road is to be constructed. (4) Any railroad company may build such spurs, switches, tracks or branches as are necessary to conduct its business or develop business along its line of road, and for that purpose shall have the same powers and be subject to the same restrictions and liabilities as are conferred or imposed upon it for the construction of its main line. Effective: June 19, 1976 History: Amended 1976 Ky. Acts ch. 140, sec. 111, effective June 19, 1976. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 768, 769.

Notes of Decisions

Cited in 11 cases, 1943–2010 · leading case: Sprint Communications Co., LP v. Leggett

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Sprint Communications Co., LP v. Leggett (2010) ky “” KRS 277.060. A water company may condemn the “lands and material necessary to [construct, maintain, or operate] waterworks or pipelines for the supply of water to a municipality.”

Eaton Asphalt Paving Co. v. CSX Transportation, Inc. (1999) kyctapp · cites it 3× “In its petition, CSX alleged that it is a Virginia corporation authorized to do business in Kentucky, and that it is a railroad and is a company authorized to construct a railroad as referred to in KRS § 277.060 and KRS § 416.010 et seq. CSX alleged a need for the property it…”

Hunt's Adm'r v. Chesapeake & O. Ry. Co. (1952) kyctapphigh “In this case, it was said: “It was shown by uncontradicted evidence that Harlan County has built and maintained a bridge on the road in question, and that the State Highway Commission and Harlan County have maintained the road previous to the change in its location.”

Louisville & N. R. Co. v. Blanton (1947) kyctapphigh “KRS 277.060(2) provides that every railroad company shall, as soon as may be, restore to its former condition any highway upon or across which it has constructed its line, and shall maintain the road in its former condition within the right of way of the rail *130 road company.”

City of Shively v. Illinois Central Railroad Co. (1961) kyctapphigh “Appellee further contends that the right of the railroad to cross a highway or street arises from the paramount legislative grant contained in KRS 277.060(1) (h), *686 which recites that a railroad may: “Construct its road upon or across any private road, highway, street, lane…”

Chesapeake & O. Ry. Co. v. Pope (1943) kyctapphigh · cites it 2× “Under Kentucky Statutes, Section 768, Subsection 5, now KRS 277.060 (2), requiring a railroad company by reason of its servitude to construct and maintain street or road crossings in such way as to make them reasonably safe for travelers, the company has the duty to keep a…”

Jefferson County v. Louisville & N. R. (1951) kyctapp “” The Company relies chiefly upon KRS 277.060, which reads in part: *613 “(1) Every railroad company may: * * * “(h) Construct its road upon or across any private road, highway, street, lane or alley, and across any railroad, canal or watercourse.”

City of Harrodsburg v. Southern Railway Co. (1958) kyctapp · cites it 2× “What we have may be termed a temporary operating obstruction, which is implicitly authorized both by statute (KRS 277.060(1) (h)) and the original franchise granted Southern by the City in 1887.”

Cincinnati, New Orleans & Texas Pacific Railway Co. v. Charles Wright (1976) ky · cites it 6× “? This instruction is based on Wright’s theory of the case that KRS 277.060(2) imposed a statutory duty on the railroad company.”

Louisville & Nashville Railroad v. Taylor (1956) kyctapp “We perceive no negligence on the part of either defendant. The railroad company paved and maintained the street where it crossed the railroad right of way, presumably upon plans approved by the city.”

Louisville & Nashville R. v. City of Owensboro (1951) kyctapp · cites it 2× “” But as we have pointed out, Daviess Street was dedicated and upon annexation of the territory in question by the City, it became a street of the City and is now a street of the City.”

— Ky. Rev. Stat. § 277.060(1) — 2 cases

City of Harrodsburg v. Southern Railway Co. (1958) kyctapp “What we have may be termed a temporary operating obstruction, which is implicitly authorized both by statute (KRS 277.060(1) (h)) and the original franchise granted Southern by the City in 1887.”

— Ky. Rev. Stat. § 277.060(2) — 3 cases

Cincinnati, New Orleans & Texas Pacific Railway Co. v. Charles Wright (1976) ky “? This instruction is based on Wright’s theory of the case that KRS 277.060(2) imposed a statutory duty on the railroad company.”

Louisville & Nashville R. v. City of Owensboro (1951) kyctapp “” But as we have pointed out, Daviess Street was dedicated and upon annexation of the territory in question by the City, it became a street of the City and is now a street of the City.”

— Ky. Rev. Stat. § 277.060(l)(c) — 1 case

Eaton Asphalt Paving Co. v. CSX Transportation, Inc. (1999) kyctapp “In its petition, CSX alleged that it is a Virginia corporation authorized to do business in Kentucky, and that it is a railroad and is a company authorized to construct a railroad as referred to in KRS § 277.060 and KRS § 416.010 et seq. CSX alleged a need for the property it…”

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