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Acts of the General Assembly

OF THE

Commonwealth of Kentucky

PASSED AT THE REGULAR SESSION OF THE GENERAL ASSEMBLY,
WHICH WAS BEGUN AND HELD IN THE CITY OF FRANKFORT,
KENTUCKY, ON TUESDAY JANUARY THE SEVENTH, 1908,
AND ENDED ON TUESDAY MARCH THE SEVEN-

TEENTH, 1908.

CHAPTER 1.

AN ACT to provide a Stenographer for the use of the Governor

of the Commonwealth of Kentucky.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

employ steno

fixed.

$1. That the Governor of the Commonwealth of Governor to Kentucky is hereby empowered to employ a sten - grapher. Salary ographer for his own use, at a salary of not exceeding twelve hundred dollars ($1,200.00) per annum, payable monthly in installments of one hundred dollars each out of the Treasury of the State, upon the warrant of the Auditor of Public Accounts. Said stenographer shall be subject to removal at the pleasure of the Governor.

§ 2. WHEREAS, an emergency exists for the taking Emergency. effect of this act, same shall be in force from and after this passage.

Approved February Fourteenth, 1908.

CHAPTER 2.

AN. ACT authorizing corporations organized or empowered to ...coristruct a dam or dams in any river or stream in this State :: far the purpose of improving navigation or developing, using,

distributing and selling water power, electricity or electrical energy, to exercise the right of Eminent Domain.

Corporations may construct dams.

May enter lands for pur

ing, &c.

Be it inacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That every corporation heretofore or hereafter organized for the purpose of constructing or empowered to construct, a dam or dams in any river or stream in this State for the purpose of improving navigation or developing, distributing and selling water power, eleatricity or electric energy, shall have power to cause examinations and surveys to be made for its proposed dam or dams, reservoirs, ponds, locks, bridges, power stations, roads, conduits, and transmission lines, as well as the land that may be

overflowed by the erection of any dam or dams, or pose of survey- other structures, and for such purposes, by its officers,

agents or servants, to enter from time to time upon any lands or waters for the purpose of making such surveys or examinations, subject to liability for actual damage done, and the corporation, shall, before entering upon any land for the above named purpose, deposit with the clerk of the county court of the county in which such property is located, a bond to

the Commonwealth of Kentucky in the penal sum of Bond requir

an amount fixed by the county court, the same not to be in excess of double the last assessed valuation of such property to be so surveyed or examined, conditioned to indemnify all persons for actual damages sustained on account of making any examination or survey, and when the localtion of such dam or dams, reservoirs, or ponds, locks, bridges, or power stations, roads, conduits and transmission lines, as well as the land that may be overflowed by the erection of

ed.

made and filed.

nent Domain

such dam or dams, shall from time to time be determined, such corporation shall cause a survey and Map to be map to be made of the land to be taken and entered upon, which map shall be signed by the President and Secretary, and filed in the office of the clerk of the County Court of the county in which the lands shown on such map are situated.

§ 2. When any such corporation cannot acquire Right of emithe real or personal property rights, privileges or give easements needed for such dam or dams, reservoirs, locks, ponds, bridges, power stations, roads, conduits, transmission lines and flow.age, by agreement with the owners thereof, whether by reason of disagreement as to price or the legal incapacity or absence of the owner or his inability to convey valid title, or by the owner or owners being unknown, or by reason of any other cause, it shall be lawful for such corporation to condemn and take such real estate or personal property, rights, privileges or easements necessary for such dam or dams, reservoirs or ponds, locks,

ridges, power stations, roads, conduits, transmission lines and flowage in the same manner and the compensation to be paid therefor shall be ascertained and paid in the same manner as provided in sections 835 to 840 inclusive, of the Kentucky Statutes for the condemnation of land by railroad companies. Any corporation constructing or maintaining such dam or dams, shall be liable for any damages from overflowing any property, public or private.

$ 3. All acts and parts of acts inconsistent herewith are hereby repealed.

Approved March 4, 1908.

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