Title to property -- Conclusiveness of official order -- Duty of department to
clear and maintain property.
(1) The Commonwealth of Kentucky, Department of Highways, when it has, by official
order, designated the route, location, or relocation of a highway, limited access
highway, bridge, roadside park, borrow-pit, quarry, garage, or other property or
structure deemed necessary for the construction, reconstruction, or maintenance of
an adequate system of highways, may, if unable to contract or agree with the owner
or owners thereof, condemn the lands or material, or the use and occupancy of the
lands designated as necessary. All property acquired by the Commonwealth of
Kentucky, Department of Highways, shall be in fee simple whenever so specified in
the petition filed in the action. The official order of the Department of Highways
shall be conclusive of the public use of the condemned property and the
condemnor's decision as to the necessity for taking the property will not be
disturbed in the absence of fraud, bad faith, or abuse of discretion.
(2) Any property purchased or otherwise acquired by the Department of Highways for
the purpose of construction or reconstruction of a road, street, or highway shall be
cleared and maintained by the Department of Highways from the time of acquisition
until such property is no longer owned by the department.
(3) The proceedings for condemnation shall be as provided in the Eminent Domain Act
of Kentucky.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 231, sec. 2, effective July 15, 1980. -- Amended
1976 Ky. Acts ch. 140, sec. 74. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec.
20(1). -- Created 1952 Ky. Acts ch. 49, secs. 1 and 10, effective June 19, 1952.
Notes of Decisions
Aldridge v. Comm'r, 51 T.C. 475 (Tax Ct. 1968).
· cites it 4× “On December 16, 1963, the County Court handed down a judgment which held that the condemnation was proper under section 177.081 of the Kentucky Revised Statutes , that the report of the commissioners (appraisers) conformed to the provisions of Kentucky law, that the condemnor…”
Commonwealth, Dep't of Highways v. Cardinal Hill Nursery, Inc., 343 S.W.2d 842 (Ky. Ct. App. 1961).
· cites it 6× “However, one of the conditions precedent to the right of condemnation under KRS 177.081 et seq. is that the Department by official order designate the location and route of the project for which the acquisition is deemed necessary.”
Commonwealth, Dep't of Highways v. Burchett, 367 S.W.2d 262 (Ky. Ct. App. 1963).
· cites it 2× “Highway 23 some 3 to 4 miles north of Prestonsburg the state highway department brought these proceedings pursuant to KRS 177.081 et seq. to condemn 9.77 acres of land in fee simple.”
Commonwealth, Dep't of Highways v. York, 390 S.W.2d 190 (Ky. Ct. App. 1965).
· cites it 2× “The authority of the Highway Department to condemn property is found in KRS 177.081 and subsequent sections. A portion of KRS 177.”
Collins v. Commonwealth, Dep't of Highways, 324 S.W.2d 406 (Ky. Ct. App. 1959).
· cites it 2× “The trial court held that plaintiff, under the provisions of KRS 177.081 et seq., had an adequate remedy at law and dismissed his complaint.”
Commonwealth, Dep't of Highways v. Berryman, 363 S.W.2d 525 (Ky. Ct. App. 1962).
“This is a highway condemnation case originating in the Montgomery County Court and governed by the provisions of KRS 177.081 et seq. The report of commissioners awarding the landowner $13,540 was confirmed by a judgment of the county court entered on September 19, 1958.”
Sturgill v. Commonwealth, Dep't of Highways, 384 S.W.2d 89 (Ky. Ct. App. 1964).
“081 provides in substance that specific details of the plan cannot be called in question, from the standpoint of necessity or public use, except upon a showing of fraud, bad faith or abuse of discretion. No such showing was made in this proceeding.”
Commonwealth, Dep't of Highways v. Fultz, 360 S.W.2d 216 (Ky. Ct. App. 1962).
“In 1957 the state filed proceedings under KRS 177.081 et seq. to condemn 38 pieces of real estate on Main Street in the city of Olive Hill, so as to carry out a program of reconstructing U.”
Commonwealth, Dep't of Highways v. Vandertoll, 388 S.W.2d 358 (Ky. Ct. App. 1964).
“KRS 177.081 states, in part: “ * * * [T]he condemnor’s decision as to the necessity for taking the property will not be disturbed in the absence of fraud, bad faith, or abuse of discretion.”
Kelly v. Thompson, 983 S.W.2d 457 (Ky. 1998).
“As properly noted by the Court of Appeals, KRS 177.081 is the statutory basis for the power of eminent domain exercised by the Transportation Cabinet in conformity with Sections 13 and 242 of the Kentucky Constitution.”
Commonwealth, Dep't of Highways v. C. S. Brent Seed Co., 376 S.W.2d 310 (Ky. Ct. App. 1964).
“The Commonwealth brought this proceeding in the Fayette County Court to condemn certain easements under KRS 177.081 et seq. Commissioners appointed by the county court fixed the compensation to be paid the landowners at $12,896.”
— Ky. Rev. Stat. § 177.081(1) — 6 cases
Commonwealth, Dep't of Highways v. Cardinal Hill Nursery, Inc., 343 S.W.2d 842 (Ky. Ct. App. 1961).
“However, one of the conditions precedent to the right of condemnation under KRS 177.081 et seq. is that the Department by official order designate the location and route of the project for which the acquisition is deemed necessary.”
Commonwealth, Dep't of Highways v. Burchett, 367 S.W.2d 262 (Ky. Ct. App. 1963).
“Highway 23 some 3 to 4 miles north of Prestonsburg the state highway department brought these proceedings pursuant to KRS 177.081 et seq. to condemn 9.77 acres of land in fee simple.”
Collins v. Commonwealth, Dep't of Highways, 324 S.W.2d 406 (Ky. Ct. App. 1959).
“The trial court held that plaintiff, under the provisions of KRS 177.081 et seq., had an adequate remedy at law and dismissed his complaint.”
— Ky. Rev. Stat. § 177.081(4) — 1 case
Commonwealth, Dep't of Highways v. Cardinal Hill Nursery, Inc., 343 S.W.2d 842 (Ky. Ct. App. 1961).
“However, one of the conditions precedent to the right of condemnation under KRS 177.081 et seq. is that the Department by official order designate the location and route of the project for which the acquisition is deemed necessary.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.