(1) When the department cannot by agreement with the owner acquire any bridge or the real or personal property or rights needed for bridge or approach purposes, it may condemn such bridge, real or personal property or rights in the manner provided in the Eminent Domain Act of Kentucky. (2) The Attorney General shall represent the department in condemnation proceedings, and he shall be assisted by the county attorneys of the county or counties where the property is located. (3) Real estate used by any steam or e lectric railroad as a right of way shall not be condemned for bridge or approach purposes.
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