416.560 Initiation of condemnation proceedings -- Costs -- Right of entry --
430 words·~2 min read·
/ky/416-560A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Damages.
(1)Notwithstanding any other provision of the law, a department, instrumentality or
agency of a consolidated local government, city, county, or urban-county
government, other than a waterworks corporation the capital stock of which is
wholly owned by a city of the first class or a consolidated local government, having
a right of eminent domain under other statutes shall exercise such right only by
requesting the governing body of the consolidated local government, city, county, or
urban-county to institute condemnation proceedings on its behalf. If the governing
body of the consolidated local government, city, county, or urban-county agrees, it
shall institute such proceedings under KRS 416.570, and all costs involved in the
condemnation shall be borne by the department, instrumentality, or agency
requesting the condemnation.
(2)If any department, instrumentality, or agency of a consolidated local government,
city, county, or urban-county government, other than a waterworks corporation the
capital stock of which is wholly owned by a city of the first class or a consolidated
local government, operates in more than one
(1)governmental unit, it shall request
the governing body of the consolidated local government, city, county, or urban-
county government wherein the largest part of the individual tract of the property
sought to be condemned lies, to institute condemnation proceedings on its behalf.
(3)A department, instrumentality, or agency of the Commonwealth of Kentucky, other
than the Transportation Cabinet and local boards of education, having a right of
eminent domain under other statutes shall exercise such right only by requesting the
Finance and Administration Cabinet to institute condemnation proceedings on its
behalf. If the Finance and Administration Cabinet agrees, it shall institute such
proceedings under KRS 416.570, and all costs involved in the condemnation shall
be borne by the department, instrumentality, or agency requesting the
condemnation.
(4)Prior to the filing of the petition to condemn, the condemnor or its employees or
agents shall have the right to enter upon any land or improvement which it has the
power to condemn, in order to make studies, surveys, tests, sounding, and
appraisals, provided that the owner of the land or the party in whose name the
property is assessed has been notified ten
(10)days prior to entry on the property.
Any actual damages sustained by the owner of a property interest in the property
entered upon by the condemnor shall be paid by the condemnor and shall be
assessed by the court or the court may refer the matter to commissioners to ascertain
and assess the damages sustained by the condemnee, which award shall be subject
to appeal.