ingress and egress.
Any corporation or partnership organized for the purpose of, and any individual engaged
in or proposing to engage in, constructing, maintaining, or operating oil or gas wells or
pipelines for transporting or delivering oil or gas, including oil and gas products, in public
service may, if it is unable to contract or agree with the owner after a good faith effort to
do so, condemn the lands and material or the use and occupation of the lands that are
necessary for constructing, maintaining, drilling, utilizing, and operating pipelines,
underground oil or gas storage fields, and wells giving access thereto and all necessary
machinery, equipment, pumping stations, appliances, and fixtures, including tanks and
telephone lines, and other communication facilities, for use in connection therewith, and
the necessary rights of ingress and egress to construct, examine, alter, repair, maintain,
operate, or remove such pipelines or underground gas storage fields, to drill new wells
and utilize existing wells in connection therewith, and remove pipe, casing, equipment,
and other facilities relating to such underground storage fields and access wells. The
proceedings for condemnation shall be as provided in the Eminent Domain Act of
Kentucky.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 399, sec. 1, effective July 14, 1992. -- Amended
1976 Ky. Acts ch. 140, sec. 112, effective June 19, 1976. -- Amended 1966 Ky. Acts
ch. 255, sec. 226. -- Created 1948 Ky. Acts ch. 186, sec. 1.
Notes of Decisions
Sprint Commc'ns Co., LP v. Leggett, 307 S.W.3d 109 (Ky. 2010).
“” KRS 278.502. Producers of electricity for the purpose of light, heat, or power may condemn the “property, property rights, privileges or easements” needed “for its proposed dams, reservoirs, ponds, locks, bridges, power stations, roads, conduits and transmission lines, as well…”
Barker v. Lannert, 222 S.W.2d 659 (Ky. Ct. App. 1949).
“The 1948 act provides that a gas pipe line company may condemn land through which to lay its transmission lines by filing in the office of the county court clerk in *846 which all or the greater portion of the land is situate, a verified petition, (1) alleging that the…”
Gulf Interstate Gas Co. v. Garvin, 303 S.W.2d 260 (Ky. Ct. App. 1957).
“The right of condemnation and procedure are under the provisions of KRS 278.502, 416.230 et seq., and Title 15, U S.”
City of Cold Spring v. Campbell Cnty. Bd. of Educ. (Ky. Ct. App. 2022).
· cites it 2× “502 granting to utility companies providing gas in public service the authority to condemn needed property where “it is unable to contract or agree with the owner” and directing that the “proceedings for condemnation shall be as provided in the Eminent Domain Act of Kentucky.”
Marilyn Rummage Muerdter v. Louisville Gas & Elec. Co. (Ky. Ct. App. 2023).
· cites it 2× “Additionally, KRS 278.502 provides LG&E express authority to condemn property for natural gas pipelines under the Eminent Domain Act of Kentucky: Any corporation or partnership organized for the purpose of, and any individual engaged in or proposing to engage in, constructing,…”
Louisville Gas & Elec. Co. v. Isaac W. Bernheim Found. (W.D. Ky. 2021).
· cites it 2× “See Ky. Rev. Stat. Ann. § 278.502 (delegating power of eminent domain to utility companies for the purpose of obtaining property rights necessary for construction and maintenance of pipelines).”
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