99.800 Hearing -- Conditions for eligibility of conservatorship.
262 words·~1 min read·
/ky/chapter-99/99-800A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The court shall act upon a petition filed by holding a hearing. A party in interest
may be heard with respect to the petition, the requested relief, or any other matter
which may come before the court in reference to the proceeding. Any party in
interest shall be permitted to present evidence to support or contest the petition,
including but not limited to the schedule of encumbrances.
(2)The court may appoint a competent entity as conservator if it finds all of the
following apply as of the date of filing the petition:
(a)The building has not been legally occupied for at least the previous twelve
(12)months;
(b)The owner fails to present sufficient evidence that the property was actively
marketed during the preceding sixty
(60)day period;
(c)The property is not subject to a pending foreclosure action by an individual or
nongovernmental entity;
(d)The property is not subject to an outstanding mortgage held by a bank or other
creditor with a recorded security interest in the property, unless waived by the
bank or other creditor;
(e)The owner fails to present sufficient evidence the property was acquired by
the owner within the preceding six
(6)months. The evidence shall not include
instances where the prior owner is a member of the immediate family of the
current owner, unless the transfer of title results from the death of the prior
owner; and
(f)The court finds at least three
(3)of the conditions meeting the definition of
abandoned and blighted property in KRS 99.785 have been established.