416.350 Right of condemnation by owner to gain ingress or egress to public road.

258 words·~1 min read·/ky/chapter-416/416-350

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The owner of any tract or parcel of land on which his residence is located, who has

no means of ingress or egress to any public road or highway, may acquire by

condemnation pursuant to the Eminent Domain Act of Kentucky a convenient right-

of-way in order to attend courts and elections and discharge other duties required of

him by law; such right-of-way shall not exceed in width thirty

(30)feet over the

lands intervening and lying between such tract or parcel of land and the public road

nearest or most convenient thereto.

(2)The right of condemnation conferred in subsection

(1)of this section shall not exist

in any of the following situations:

(a)Where the current owner or any of his predecessors in title purchased a tract or

parcel of land having no means of ingress or egress to a public road or

highway;

(b)Where the current owner or any of his predecessors in title sold a part of a

tract or parcel of land, leaving the part retained without any means of ingress

or egress to a public road or highway; or

(c)Where the current owner or any of his predecessors in title has had a part of

his land taken by condemnation, the part not taken has no means of ingress or

egress to a public road or highway, and the current owner or any of his

predecessors in title has been compensated, by reason of the condemnation,

for such loss of ingress or egress to a public road or highway.