Title XII, Conservation and State Development

(Effective until July 1, 2027) (1) The General Assembly finds and declares that: (a) The general welfare and material well-being of the citizens of the Commonwealth depend in large measure upon the development of tourism in the Commonwealth; (b) It is in the best interest of the …

New applications shall not be accepted or considered before August 1, 2014, or after May 1, 2018, for the sales tax incentive provided in KRS 148.853(3)(b)2. All projects with preliminary or final approval under KRS 148.851 to 148.860 on July 31, 2018, shall continue to be govern…

Incentives available -- Application, approval, and monitoring process -- Term of agreement -- Analysis of positive fiscal impact -- Legislative findings. (1) As used in this section: (a) "Legacy expansion project" means an expansion project approved under this section; and (b) "P…

facility project applications -- Consulting services -- Optional interagency review -- Cabinet recommendations. (1) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish standards for the making of applications for incentives and …

authority. (1) The authority shall establish standards for preliminary approval and final approval of eligible companies and their projects by the promulgation of administrative regulations in accordance with KRS Chapter 13A. (2) The authority shall consult with the secretary whe…

(1) The authority, upon adoption of its final approval, may enter into a tourism development agreement with any approved company. The terms of the agreement shall be negotiated between the authority and the approved company and shall include but not be limited to: (a) The amount …

and funding. (1) By November 1 of each year, the authority shall prepare an annual report. The report shall be posted to the Tourism, Arts and Heritage Cabinet's Web site. (2) The report shall include information for all projects approved after June 26, 2009. (3) The report shall…

KRS 139.536 and KRS 148.851 to 148.860 shall be known as the Kentucky Tourism Development Act.

(1) The General Assembly recognizes that the ridge top of Pine Mountain is a unique area desirable for the creation of a trail. Therefore, it is hereby declared that in order to afford the citizens of the Commonwealth an opportunity to enjoy this natural area, to attract out-of-s…

As used in KRS 148.870 to 148.892, unless the context otherwise requires: (1) "Department" means the Kentucky Department of Parks within the Tourism, Arts and Heritage Cabinet; (2) "Person" means an individual, trust, firm, estate, joint stock company, corporation, nonprofit corp…

-- Support facilities -- Limit to nonmotorized uses -- Cemeteries and burial grounds. (1) There is hereby designated a linear state park, the boundaries of which shall be determined by the department in accordance with this section known as the Pine Mountain State Scenic Trail, a…

(1) The power of eminent domain may only be exercised to acquire land in fee within the boundaries of the trail, except that the power of eminent domain shall not be exercised to acquire any privately owned dwelling, areas designated for residential structures and their surroundi…

Permissible land uses -- Ingress and egress -- Roads -- Rights of persons from whom property acquired -- Permit for change of use. (1) Within the boundaries of the trail, as designated by the department and once acquired: (a) The natural vegetation shall be kept undisturbed excep…

A fund for the purpose of carrying out the provisions of KRS 148.870 to 148.892 is hereby created, to be designated as the Pine Mountain State Scenic Trail fund, and shall consist of all revenues derived from privileges, concessions, contracts, or otherwise, and all moneys receiv…

regulations -- Trail maintenance. (1) The trail shall be administered by the department according to the policies and criteria set forth in KRS 148.870 to 148.892. Within six (6) months of the designation of the trail boundary, the department shall consider the needs of local are…

Nothing in KRS 148.870 to 148.892 shall be construed to confer upon any member of the public the right to use or enter upon private lands adjacent to the boundaries of the trail, or to confer on any member of the public the right to enter upon or use any private lands designated …

It shall be the duty of the department or, upon the secretary's request, the duty of the Attorney General to bring an action for the recovery of the penalties provided for in KRS 148.888, or to bring an action for a restraining order or temporary or permanent injunction to preven…

(1) Any person, corporation, city, county, or other governmental subdivision who violates any of the provisions of KRS 148.870 to 148.892 shall be liable for a civil penalty not to exceed five hundred dollars ($500) per day for any violation, and in addition may be enjoined from …

(1) Subject to the provisions of KRS 148.878(3)(a), nothing in KRS 148.870 to 148.892 shall be construed or interpreted as affecting, in any way, the legitimate use of surface and subsurface property adjacent to or visible from the trail, whether such use was in effect upon the d…

KRS 148.870 to 148.892 may be cited as the Pine Mountain State Scenic Trail Act.

(1) Any person who violates subsection (2) of KRS 148.051 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), or imprisoned in jail for not less than one (1) day nor more than ten (10) days or both. (2) Any person who violates KRS 148.029 shal…