Fri Jul 30 2010
Four landowners opposed to the Kentucky American Water pipeline under construction in Franklin County are questioning the company's right to acquire an easement through condemnation.
They're claiming that KAW "a private for-profit water company, does not, under Kentucky law, have the power of eminent domain to condemn easements on private property in Franklin County."
They live along the pipeline route and filed a civil action Friday in Franklin Circuit Court.
The plaintiffs are Penny and Edward Greathouse of 18 Woodlake Road, Fran Pinkston of 3393 Jones Lane and Elizabeth Felgendreher on U.S. 460 and Ky. 1262.
The "petition for declaration of rights" " filed by attorney Tom FitzGerald " says the plaintiffs are uncertain as to their right to freely decline KAW's request for an easement and are unsure if KAW has the right to condemn an easement on their property should they decline KAW's request.
FitzGerald said in his search of Kentucky laws, he did not find one that gives KAW the right of eminent domain for the construction project underway.
Kentucky American has said it has the right to condemn property but seldom uses it.
Company spokesman Brian Wright said in more than 2,000 cases over the last 19 years, KAW has had to ask a court to condemn property only five times.
He said the company has agreements from about half the landowners along the 30-mile route, and had hoped to get the others voluntarily.
The petition filed Friday says the plaintiffs are entitled to a declaration that KAW "has no statutory authority to condemn private property for a transmission line that will serve to supply water to multiple districts and communities inside and outside of Fayette County."
Pinkston, at an August public meeting in Frankfort, said she was opposed to the pipeline not only because it comes through her property by the Switzer covered bridge on Elkhorn Creek, "but because it's not the proper solution to the water supply deficit in Fayette County.
"It's not a permanent solution and it's certainly not the cheapest solution for Kentucky and the region. The ratepayers of Lexington and Central Kentucky will be adversely impacted, significantly.
"The cost of energy is increasing like we've never seen before. The cost of pumping this water from the Kentucky River to Lexington is going up every day."
Pinkston is a member of Citizens for Alternative Water Solutions, which filed an appeal in Franklin Circuit Court in June to the Public Service Commission's decision in April to approve KAW's $162 million project.
In Owen County, just across the Franklin County line on U.S. 127, a new 20-million-gallon-a-day water treatment plant is being built at Pool 3 on the Kentucky River, near Monterey.
From the plant, a 42-inch underground pipeline will be built to carry water to Lexington. The pipeline will run one-tenth of a mile in Owen County, 15.3 miles in Franklin County, 10.7 miles in Scott County and 3.8 miles in Fayette County.
The entire project is scheduled for completion in early summer of 2010.
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