Kentucky Revised Statutes

Ky. Rev. Stat. § 177.082 (2026)

County attorney to represent Department of Highways in condemnation

✓ current as of May 2026

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proceedings -- Petition. The Commonwealth of Kentucky, Department of Highways, when seeking to condemn lands and material and the use and occupancy of lands, under the provisions of KRS 177.081, shall direct the county attorney or any attorney authorized to represent the Commonwealth to file a petition in the office of the Circuit Court clerk in the county in which all or the greater portion of the land or material is located. If any authorized attorney, other than the county attorney, is directed to file the petition, the county attorney shall assist in the prosecution of the action. The petition shall be filed in the name of the Commonwealth of Kentucky, Department of Highways, and may join as plaintiff the county in which any part of the property is situated, or in which the petition is filed, or any municipality thereof. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 166, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 75. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). -- Created 1952 Ky. Acts ch. 49, sec. 2, effective June 19, 1952.

Notes of Decisions

Cited in 3 cases, 1966–1978 · leading case: Commonwealth, Dep't of Highways v. Robbins, 421 S.W.2d 820 (Ky. Ct. App. 1967).

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Commonwealth, Dep't of Highways v. Robbins, 421 S.W.2d 820 (Ky. Ct. App. 1967). “See KRS 177.082.” The other defenses raised in the answer were not asserted in this court.”

Stillpass v. Kenton Cnty. Airport Bd., Inc., 403 S.W.2d 46 (Ky. Ct. App. 1966). “In accordance with KRS 177.082 the action was brought in the Boone County Court.”

Commonwealth, Dep't of Transp. v. Catlett, 568 S.W.2d 759 (Ky. Ct. App. 1978). · cites it 4× “The lower court ruled that KRS 177.082 mandates that these actions and all like them should be filed in the county court and that the Franklin Circuit Court had no jurisdiction over the proceedings.”

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