Kentucky Revised Statutes

Ky. Rev. Stat. § 74.100 (2026)

Acquisition of existing systems -- Extension of mains and laterals -- How

✓ current as of May 2026

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(1) Whenever a water supply line or system is in operation in any water district, and is supplying water to the citizens and landowners, and the commission deems it expedient to acquire the existing system, they may examine it, and if they find it properly designed and constructed they may purchase it, and pay for it in the same manner as provided for the original construction and improvement; or may pay for it in whole or in part out of any surplus funds in possession, receipt or anticipation of receipt by the commission.

(2) The commission may order any work or improvement it deems necessary to extend the necessary water mains and water laterals in the district to supply water to the residents of the district, and pay for such work by assessment against the land benefited according to benefits, as provided in this chapter, or may pay for the work in whole or in part out of the general fund of the water district realized from all other resources in the district. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938g-6.

Notes of Decisions

Cited in 3 cases, 1951–1960 · leading case: City of Cold Spring v. Campbell Cnty. Water Dist., 334 S.W.2d 269 (Ky. Ct. App. 1960).

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City of Cold Spring v. Campbell Cnty. Water Dist., 334 S.W.2d 269 (Ky. Ct. App. 1960). · cites it 2× “KRS 74.100 provides that whenever a water supply line or system is in operation in any water district, it may acquire the existing system.”

Hamrick v. City of Ashland, 321 S.W.2d 401 (Ky. Ct. App. 1959). · cites it 3× “Appellant contends that it has exclusive right to purchase a water supply line or system that is within its territorial boundaries, by virtue of subsection (1) of KRS 74.100, enacted in 1930. This reads: “Whenever a water supply line or system is in operation in any water…”

Bd. of Com'rs v. Yunker, 239 S.W.2d 984 (Ky. Ct. App. 1951). “KRS 74.100 authorizes the purchase by a water district of existing water facilities within its territory but we find nothing in Chapter 74 which would give the District authority to prevent sale of water to plaintiffs -by the Company under the circumstances existing in this case.”

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