Ky. Rev. Stat. Ann. § 154.27-100 – Construction of carbon dioxide transmission pipeline -- Proceedings for condemnation under Eminent Domain Act -- Legislative determination of essential public use.

(1) For the purposes of this section, "carbon dioxide transmission pipeline" has the
(2) same meaning as in KRS 154.27-010. If a carbon dioxide transmission pipeline company has received a construction certificate from the Kentucky State Board on Electric Generation and Siting under KRS 278.714 and is unable to contract or agree with the owner after a good-faith effort to do so, the company may condemn the lands and material for the use and occupation of the lands that are necessary for:
1. (a) Constructing, maintaining, utilizing, operating, and gaining access to a carbon dioxide transmission pipeline and all necessary machinery, equipment, pumping stations, appliances, and fixtures for use in connection with a carbon dioxide transmission pipeline; and
2. (b) Obtaining all necessary rights of ingress and egress to construct, examine, alter, repair, maintain, operate, or remove a carbon dioxide transmission pipeline and all of its component parts.
(3) The proceedings for condemnation shall be as provided in the Eminent Domain Act of Kentucky.
(4) Carbon dioxide transmission pipelines, and the routing, construction, maintenance, and operation of them are, as a matter of legislative determination, declared to be a public use essential to the fulfillment of the purposes of this chapter.

Effective: June 8, 2011

History: Created 2011 Ky. Acts ch. 82, sec. 1, effective June 8, 2011.