UNOFFICIAL COPY 24 RS BR 2212
Page 1 of 1
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AN ACT relating to liability for damage to property adjacent to Department of Fish 1
and Wildlife Resources Commission-managed lands. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 150 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) As used in this section: 6
(a) "Adjacent landowner" means a person or entity that owns property that 7
abuts commission-managed lands; and 8
(b) "Commission-managed lands" has the same meaning as in KRS 150.0241. 9
(2) The department shall waive any claim of sovereign immunity and shall be liable 10
for damages to the property of adjacent landowners which result from the 11
department's administrative regulations, policies, management, and operations of 12
commission-managed lands. 13
(3) Adjacent landowners may seek recovery for loss of value, loss of temporary use, 14
loss of permanent use, loss of profit, diminished value of real property, court 15
costs, and attorney's fees. 16
(4) Claims for damages shall be brought in the Circuit Court of the county in which 17
the property of the adjacent landowner is located, and an action under this 18
section shall not be removed to Franklin District or Circuit Court. 19
Notwithstanding KRS 49.060, the Board of Claims created in KRS 49.010 shall 20
not have jurisdiction to hear claims brought pursuant to this section. 21