Ky. Rev. Stat. » Chapter 81A
Kentucky Revised Statutes

Ky. Rev. Stat. § 81A.490 (2026)

Rights of utilities preserved

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Notwithstanding any other provision in this chapter, all rights of the utilities providing utility services in any area annexed by a city prior to the annexation, existing under other statutes, laws, or regulations are hereby expressly preserved. Effective: July 15, 1980 History: Created 1980 Ky. Acts ch. 303, sec. 11, effective July 15, 1980.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1992–2025 · leading case: City of Florence v. Owen Elec. Coop., Inc., 832 S.W.2d 876 (Ky. 1992).
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City of Florence v. Owen Elec. Coop., Inc., 832 S.W.2d 876 (Ky. 1992). · cites it 2× “KRS 81A.490. Rights of utilities preserved.”
City of Corbin v. City of London, No. 2022 CA 000221 (Ky. Ct. App. May 4, 2023). · cites it 2× “It noted that all rights of utilities providing -5- utility services in any area annexed by a city prior to the annexation are expressly preserved by the provisions of KRS 81A.490; therefore, no interests of the Utilities Commission were at stake.”
Madison Cnty. Utils. Dist. v. City of Richmond, No. 2023-CA-1401 (Ky. Ct. App. Apr. 4, 2025). “Summary of Trial Court’s Holdings in Ruling on Summary Judgment Motion Citing KRS 81A.490, the trial court stated that if MCUD had the rights to service the Property, annexation did not eliminate those rights.”
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