(1) No municipality, in which there is located an existing electric, water or gas public
utility plant or facility shall construct or cause to be constructed any similar utility
plant or any similar public utility facility duplicating such existing plant or facility
or to obtain or acquire any similar public utility plant or facility other than by the
purchase of the existing plant or facility or by the acquisition of such existing plant
or facility by the exercise of the power of eminent domain.
(2) "Municipality" means any county, city, and municipal corporation in the
Commonwealth of Kentucky, and any board, commission or agency thereof.
(3) All laws and parts of laws in conflict herewith to the extent of such conflict are
repealed.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 44, sec. 14, effective June 27, 2019. -- Created
1958 Ky. Acts ch. 92, secs. 1, 2, and 3.
Notes of Decisions
City of Nicholasville v. Blue Grass Rural Elec. Coop. Corp., 514 S.W.2d 414 (Ky. Ct. App. 1974).
· cites it 2× “In the latter sense the statute is comparable to KRS 96.045, which prohibits a city from constructing a municipally owned plant that duplicates an existing plant of another utility then existing in the city; KRS 96.”
Norrell v. Elec. & Water Plant Bd. of City of Frankfort, 557 S.W.2d 900 (Ky. Ct. App. 1977).
· cites it 3× “The premise for this action was that to avoid duplication KRS 96.045 requires a municipality either to purchase or condemn an existing utility facility in an area where the municipality proposes to construct a similar facility and no effort had been made by the city to purchase…”
Cumberland Valley Rural Elec. Coop. Corp. v. Cox, 332 S.W.2d 534 (Ky. Ct. App. 1960).
“We find no statutory authority empowering a court to direct a sale as was done here, but, since the date of the appealed judgment, the General Assembly has enacted KRS 96.045 which may help the litigants to solve this problem.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.