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KRS 278.540

Acquisition of right-of-way by telephone or telegraph company -- Condemnation

Applied in 3 court decisions — leading case Sprint Communications Co., LP v. Leggett (2010)

Most recently applied in Lexington-Fayette Urban Cnty. Gov't v. Moore (November 2018)

Effective: June 19, 1976 History: Amended 1976 Ky

How often courts cite this section

1945196019802000201810
citing decisions per year

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.

(1) Any telephone company or telegraph company authorized to do business in this state shall, upon making just compensation, have the right to construct, maintain and operate its lines through any public lands of this state and on, across and along any public road, and across and under any navigable waters, but not in such a manner as to interfere with travel on the road or to obstruct the navigation of the waters.

(2) Any telephone company authorized to do business in this state may, by contract with any person, construct, maintain and operate telephone lines on and across the real property of that person, and if it cannot obtain the right-of-way by contract it may, except as provided in KRS 416.090, condemn the right-of-way in the manner provided in the Eminent Domain Act of Kentucky.

(3) Any telegraph company authorized to do business in this state that desires to construct, operate and maintain its lines on or along the right-of-way and structure of any railroad may, through an authorized agent, contract with the railroad company for that right.

(4) The parts of this section relating to the rights of telephone companies do not apply to any city.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.