No part of the right-of-way of any railroad company, or any interest or easement therein, shall be taken by any condemnation proceedings, or without the consent of the railroad company, for the use or occupancy of any part of such right-of-way on, over and along the right-of-way longitudinally, by any telegraph, telephone, electric light, power or other wire company, with its poles, cables, wires, conduits or other fixtures. Nothing in this section is intended to prevent any such wire company from obtaining the right to cross the right-of-way of a railroad company, under existing laws, in such manner as not to interfere with the ordinary use or ordinary travel and traffic of the railroad.
KRS 416.090
Railroad right-of-way cannot be condemned
Known as the Eminent Domain Act
The act spans §§ 416–416 (68 sections).
Applied in 1 court decision — leading case Lexington-Fayette Urban Cnty. Gov't v. Moore (2018)
Most recently applied in Lexington-Fayette Urban Cnty. Gov't v. Moore (November 2018)
Effective: October 1, 1942 History: Recodified 1942 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.