65.112 Compensation for sewage treatment utility property -- Eminent domain -- Surcharge to customers. - Kentucky Statutes

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Page 1 of 1 65.112 Compensation for sewage treatment utility property -- Eminent domain -- Surcharge to customers. (1) The provisions of any other law, rule, or regulation notwithstanding, if any city, county, public body corporate or politic, or special district or subdistrict furnishes or
proposes to furnish sewage treatment utility services to customers of another
sewage treatment utility by means of all or any part of the installations owned or
paid for by that other sewage treatment utility, then the city, county, public body,
district, or subdistrict taking over or proposing to take over the customers shall pay
just compensation for these installations prior to the time the customers are taken
over. If an agreement for compensation is not reached, then just compensation for
the installations shall be payable by the city, county, public body, district, or
subdistrict after condemnation as provided for in the Eminent Domain Act of
Kentucky. (2) There is hereby granted to any city, county, public body corporate or politic, or special district or subdistrict the power of eminent domain with respect to sewage
treatment plants, facilities, and installations owned by sewage treatment utilities.
This power of eminent domain shall be exercisable in the manner prescribed by the
Eminent Domain Act of Kentucky. (3) Any city, county, public body corporate or politic, or special district or subdistrict shall be entitled to surcharge customers so as to recover the amount of
compensation paid for installations acquired under this section by agreement or
condemnation. Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 53, sec. 1, effective July 13, 2004.