Kentucky Revised Statutes

Ky. Rev. Stat. § 353.500 (2026)

Declaration of policy of KRS 353.500 to 353.720

✓ current as of May 2026

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(1) It is hereby declared to be the public policy of this Commonwealth to foster conservation of all mineral resources, to encourage exploration for such resources, to protect correlative rights of land and mineral owners, to prohibit waste and unnecessary surface loss and damage and to encourage the maximum recovery of oil and gas from all deposits thereof now known and which may hereafter be discovered; and to promote safety in the operation thereof. To that end, KRS 353.500 to 353.720 is enacted and shall be liberally construed to give effect to such public policy. (2) The General Assembly finds that governmental responsibility for regulating all aspects of oil and gas exploration, production, development, gathering, and transmission rests with state government. The department shall promulgate regulations relating thereto and take all actions necessary to assure efficient oil and gas operations and to protect the property, health, and safety of the citizens of the Commonwealth in a manner consistent with KRS Chapter 353, and to the exclusion of all other nonstate governmental entities except as provided in KRS Chapter 100. The department shall promulgate regulations relating to gathering lines within six (6) months after June 24, 2003. Nothing in this section shall be construed as limiting the rights of local governmental units to regulate the use of streets, highways, and rights-of-way. The department shall report quarterly to the Legislative Research Commission beginning July 1, 2003, through December 31, 2004. The report shall detail progress made in carrying out this section, and the efficacy of the regulatory programs implemented. Effective: June 24, 2003 History: Amended 2003 Ky. Acts ch. 150, sec. 7, effective June 24, 2003. -- Created 1960 Ky. Acts ch. 103, sec. 1, effective June 16, 1960. Legislative Research Commission Note. The interstate compact to conserve oil and gas was ratified, approved, and confirmed by the Commonwealth of Kentucky and the Governor directed to sign the compact by joint resolution of the 1942 General Assembly (Acts 1942, ch. 267). Section 1 of the compact was repealed, amended, and reenacted by joint resolution of the 1948 General Assembly, authorizing the execution of the interstate compact to conserve oil and gas and any renewal thereof within the Governor's discretion (Acts 1948, ch. 288).

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1966–2021 · leading case: Acquisition-II, LLP v. EQT Prod. Co., 830 F.3d 444 (6th Cir. 2016).

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Acquisition-II, LLP v. EQT Prod. Co., 830 F.3d 444 (6th Cir. 2016). · cites it 2× “Under Ky. Rev. Stat. Ann. § 353.500 (1), the state’s official policy is “to encourage exploration for [mineral] resources,” to “prohibit waste and unnecessary surface loss and damage,” and to “encourage the maximum recovery of oil and gas from all deposits thereof.”

Smith v. Rogers, 702 S.W.2d 425 (Ky. 1986). · cites it 2× “endering the oral permission by the Department of Mines and Minerals invalid and nullifying the commencing of the well during the primary lease term; and, 3) if that statutory provision is not unconstitutional, the oral permission to commence drilling and thus commence the well…”

Blancett v. Montgomery, 398 S.W.2d 877 (Ky. Ct. App. 1966). · cites it 2× “Appellees argue that KRS 353.500 declares the public policy of Kentucky as to the correlative rights of land and mineral owners, on the one hand, and of cities, on the other.”

Columbia Gas Transmission Corp. v. Ltd. Corp., 759 F. Supp. 343 (E.D. Ky. 1990). · cites it 3× “This statutory section provides: It is hereby declared to be the public policy of this Commonwealth to foster conservation of all mineral resources, to encourage exploration for such resources, to protect correlative rights of land and mineral owners, to prohibit waste and…”

Pro Gas, Inc. v. Har-Ken Oil Co., 883 S.W.2d 485 (Ky. 1994). · cites it 2× “The Kentucky legislature, in 1960, enacted KRS 353.500, declaring it to be the public policy of this Commonwealth to foster conservation of all mineral resources and, to that end, the enactment provided that KRS 353.”

Commonwealth of Kentucky Energy & Env't Cabinet Div. of Oil & Gas v. Bobby D. Severe (Ky. Ct. App. 2021). “See generally KRS 353.500; KRS 353.590. Thus, as with other administrative actions, strict compliance with statutory requirements for obtaining court review of administrative actions is required and failure to timely file an action for court review within statutory time limits…”

Asher Land & Mineral, Ltd v. Nami Resources Co., L.L.C. (Ky. 2018). “Except as provided in KRS 353.500 to 353.720, no permit shall be issued for the drilling, deepening or reopening of any shallow well for the production of gas unless the proposed location of the well shall be at least five hundred (500) feet from the nearest mineral boundary of…”

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