KRS 267.450

The owner of any land that has been assessed for the cost of any improvement may use the improvement as an outlet for lateral drains from his land. If the land is separated from the improvement by the land of another, and the owners are unable to agree as to the terms on which the one may enter the land of the other and construct the drain or ditch, he may file his ancillary petition in the pending proceeding, and have the same condemned in the same manner as provided in the Eminent Domain Act of Kentucky. When the ditch is constructed it shall become a part of the drainage system and be under the control of, and kept in repair by, the board.