2001 04 05

Of Legal Interest

Some communications have indicated there are property issues involving possible Eminent Domain pertinent to the proposed Power Plant.

Without all the facts at hand, we presume the following:

Cinergy owns a parcel with address 3000 Kenton Lands Rd.

In order to implement the proposed Power Plant, Cinergy requires additional property currently owned by the Long Family.

Cinergy may have power of Eminent Domain

Cinergy may have threatened to use said power

Here are some articles from the Kentucky Revised Statutes that appear to be pertinent:

http://162.114.4.13/KRS/416-00/140.PDF:

http://162.114.4.13/KRS/416-00/230.PDF

http://162.114.4.13/KRS/278-00/502.PDF

We are requesting legal opinion regarding interpretation of these and other pertinent Articles, helping to provide more certainty with regard to power of Eminent Domain that Cinergy may or may not have at this location.

From a Citizen perspective, we expect utility companies to have the power of Eminent Domain with regard to right-of-way issues required for intra- and inter-state transmission and distribution lines, and clearly the above citations provide for such power. While it appears the intent of these Articles is to provide such power, it is less clear how perfectly the legislative wording properly circumscribes this power regarding the imposition of new combustion activity on a location clearly established for transmission and distribtution.

Planning and Zoning

http://162.114.4.13/KRS/100-00/324.PDF

Thank you for your service to our Northern Kentucky Community for providing qualified interpretation to: john@ncad.net and CVH@fuse.net.