Kentucky Statutes 146.280 – Acquisition of stream areas
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(1) Within the boundaries of a designated stream area, as established and authorized by the Kentucky General Assembly, the office shall be authorized and empowered to acquire by purchase, exercise of the rights of eminent domain, grant, gift, devise, or otherwise, the fee simple title, an easement, or any acceptable lesser interest in any lands, and by lease or conveyance, contract for the right to use and occupy any lands. Where property within such boundaries is owned by the federal government, the office can enter into agreements with the landowning agency concerning use of the property consistent with the objectives of KRS § 146.200 to KRS § 146.360. Nothing in KRS § 146.200 to KRS § 146.360 shall be construed to deprive a landowner of the fee simple title to or lesser interest in his property without just compensation.
(2) The office may not exercise authority to acquire lands or interests in lands located within any incorporated city or county when such entities have in force a duly adopted, valid ordinance or plan for the management, zoning and protection of such lands in accordance with the provisions of KRS § 146.200 to KRS § 146.360.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 44, sec. 24, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 29, sec. 15, effective July 14, 2018. — Amended 2017 Ky. Acts ch.
117, sec. 7, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 128, effective July 15, 2010. — Amended 1976 Ky. Acts ch. 197, sec. 8. — Amended 1974
Ky. Acts ch. 74, Art. III, sec. 13(9). — Created 1972 Ky. Acts ch. 117, sec. 9.
(2) The office may not exercise authority to acquire lands or interests in lands located within any incorporated city or county when such entities have in force a duly adopted, valid ordinance or plan for the management, zoning and protection of such lands in accordance with the provisions of KRS § 146.200 to KRS § 146.360.
Terms Used In Kentucky Statutes 146.280
- City: includes town. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Devise: To gift property by will.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 44, sec. 24, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 29, sec. 15, effective July 14, 2018. — Amended 2017 Ky. Acts ch.
117, sec. 7, effective June 29, 2017. — Amended 2010 Ky. Acts ch. 24, sec. 128, effective July 15, 2010. — Amended 1976 Ky. Acts ch. 197, sec. 8. — Amended 1974
Ky. Acts ch. 74, Art. III, sec. 13(9). — Created 1972 Ky. Acts ch. 117, sec. 9.