Any person operating a mine or a stone quarry may, for the purpose of transporting material between any railroad or navigable stream and the mine or quarry, construct and operate a line of railroad, truck road, overhead conveyor, or pipeline from the mine or quarry to the most convenient and accessible point on the railroad or stream, and may, under the Eminent Domain Act of Kentucky, condemn the land necessary for track, truck road, or supports for conveyor, or pipeline, not exceeding sixty (60) feet in width for each track, roadway, conveyor, or pipeline necessarily constructed, and the land for necessary buildings at the railroad or stream, not exceeding two (2) acres. The owner or operator of such railroad shall be governed by the laws relating to other railroads, so far as applicable, and shall have the same rights and privileges granted to corporations owning and operating railroads.
KRS 277.040
Person operating mine or quarry may construct railroad line, truck road, overhead conveyor or pipeline to transport material
Applied in 3 court decisions — leading case Sturgill v. Commonwealth, Department of Highways (1964)
Most recently applied in Eaton Asphalt Paving Co. v. CSX Transportation, Inc. (March 1999)
Effective: June 19, 1976 History: Amended 1976 Ky
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.