Kentucky Revised Statutes

Ky. Rev. Stat. § 162.030 (2026)

Condemnation of property for school purposes

✓ current as of May 2026

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Each board of education may, when unable to make a contract satisfactory to the board with the owner for the purchase of real estate to be used for school purposes, initiate condemnation proceedings pursuant to the Eminent Domain Act of Kentucky (KRS 416.540 to 416.670), and the title to land so obtained shall be vested in fee simple. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 476, Pt. IV, sec. 250, effective July 13, 1990. -- Amended 1976 Ky. Acts ch. 140, sec. 67. -- Amended 1954 Ky. Acts ch. 20, sec. 2. - - Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4399-21.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1963–2022 · leading case: Usher & Gardner, Inc. v. Mayfield Indep. Bd. of Educ., 461 S.W.2d 560 (Ky. Ct. App. 1971).

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Usher & Gardner, Inc. v. Mayfield Indep. Bd. of Educ., 461 S.W.2d 560 (Ky. Ct. App. 1971). · cites it 3× “The landowner argues that KRS 162.030 requires that the acquisition by the con-demnor must be for school purposes; this, of course, is quite correct.”

Commonwealth, Dep't of Highways v. McGeorge, 369 S.W.2d 126 (Ky. Ct. App. 1963). “Prom the oficial map filed as an exhibit it would appear, however, that approximately 450 feet on the old road is being taken and that 413 feet represents the figure to which this particular portion of the frontage will be reduced when the highway is straightened and moved…”

City of Cold Spring v. Campbell Cnty. Bd. of Educ. (Ky. Ct. App. 2022). · cites it 4× “The authority of the Board of Education to exercise the power of eminent domain is expressly set out in provisions of KRS 162.030. The statute provides, in relevant part, as follows: Each board of education may, when unable to make a contract satisfactory to the board with the…”

EQT Gathering, LLC v. A Tract of Prop. Situated in Knott Cnty., 970 F. Supp. 2d 655 (E.D. Ky. 2013). · cites it 2× “1970) (reading a “good faith” requirement into Ky.Rev.Stat. § 162.030, which grants local school boards eminent domain authority); see also Parker v.”

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