Ky. Rev. Stat. » Chapter 177
Kentucky Revised Statutes

Ky. Rev. Stat. § 177.086 (2026)

Repealed, 1976

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Catchline at repeal: Action by county court on commissioners' report if no answer filed -- Judgment -- Hearing by court if answer filed. -- Judgment. History: Repealed 1976 Ky. Acts ch. 140, sec. 129. -- Amended 1962 Ky. Acts ch. 219, sec. 1. -- Created 1952 Ky. Acts ch. 49, sec. 6.

Notes of Decisions
Cited in 11 cases, 1955–1968 · leading case: Commonwealth, Dep't of Highways v. Evans, 361 S.W.2d 766 (Ky. Ct. App. 1962).
Sort: Relevance Newest Treatment
Commonwealth, Dep't of Highways v. Evans, 361 S.W.2d 766 (Ky. Ct. App. 1962). “083 and KRS 177.086 the authority of the county court is limited to determining the petitioner’s right to condemn and awarding the owner the value of the property taken and any damages resulting to his adjacent lands.”
Aldridge v. Comm'r, 51 T.C. 475 (Tax Ct. 1968). “Petitioners contend that their proof of the statutory provision requiring that the award deposit be held subject to court order is sufficient to shift to the respondent the burden of proof as to the absence of any limitation or restriction on payment.”
Commonwealth v. Moyers, 280 S.W.2d 513 (Ky. Ct. App. 1955). “Since the exceptions filed by the appellees did not put in issue the Commonwealth’s authority to condemn the land, the county court entered a judgment on the commissioners’ recommendations pursuant to KRS 177.086. The appellees attempted to perfect an appeal to the circuit court…”
Collins v. Commonwealth, Dep't of Highways, 324 S.W.2d 406 (Ky. Ct. App. 1959). “” KRS 177.086(4) provides as follows: “(4) If the owner has filed answer or pleading putting in issue the right of the petitioner to condemn the lands or use and occupation thereof and the material sought to be condemned, the court shall, without intervention of jury, proceed to…”
Commonwealth, Dep't of Highways v. Cardinal Hill Nursery, Inc., 343 S.W.2d 842 (Ky. Ct. App. 1961). “) KRS 177.086(4) provides that if the owner has filed an answer or pleading “putting in issue the right of the petitioner to condemn the lands * * * sought to be condemned, the court shall, without intervention of jury, proceed to hear and determine whether or not the petitioner…”
Patrick v. Kentucky Farm Bureau Mut. Ins. Co., 413 S.W.2d 340 (Ky. Ct. App. 1967). “KRS 177.086(2) (c) authorizes the county court judgment which was made and entered in this case and was to the extent of payment of compensation carried into effect prior to the destruction of the insured property.”
Commonwealth, Dep't of Highways v. Prather, 369 S.W.2d 118 (Ky. Ct. App. 1963). “If the court finds that the petitioner has the right to condemn the property, it merely confirms the report of valuation and enters judgment accordingly.”
Stillpass v. Kenton Cnty. Airport Bd., Inc., 403 S.W.2d 46 (Ky. Ct. App. 1966). “Without conducting a hearing on that issue, though a hearing is required by KRS 177.086(4), the county court appointed commissioners, received their report, and entered a judgment finding that the petitioner has the right to condemn and awarding the amount of compensation fixed…”
Davis v. Commonwealth, Dep't of Highways, 374 S.W.2d 513 (Ky. Ct. App. 1963). · cites it 2× “00 The land owners filed no answer in the proceeding and the county court, under KRS 177.086, entered a judgment which fulfilled the requirements of that section.”
Commonwealth, Dep't of Highways v. Mayo, 324 S.W.2d 802 (Ky. Ct. App. 1959). “KRS 177.086(3) provides as follows: “Any appeal from such judgment (of the county court) by either party or *803 both parties shall be confined solely to exceptions to the amount of compensation awarded by the commissioners.”
Commonwealth, Dep't of Highways v. Citizens Ice & Fuel Co., 394 S.W.2d 903 (Ky. Ct. App. 1965). “KRS 177.086 (2) (c). The county court judgment, entered September 9, 1959, adjudged that the Department had the right to condemn.”
— Ky. Rev. Stat. § 177.086(2) — 1 case
Patrick v. Kentucky Farm Bureau Mut. Ins. Co., 413 S.W.2d 340 (Ky. Ct. App. 1967). “KRS 177.086(2) (c) authorizes the county court judgment which was made and entered in this case and was to the extent of payment of compensation carried into effect prior to the destruction of the insured property.”
— Ky. Rev. Stat. § 177.086(3) — 1 case
Commonwealth, Dep't of Highways v. Mayo, 324 S.W.2d 802 (Ky. Ct. App. 1959). “KRS 177.086(3) provides as follows: “Any appeal from such judgment (of the county court) by either party or *803 both parties shall be confined solely to exceptions to the amount of compensation awarded by the commissioners.”
— Ky. Rev. Stat. § 177.086(4) — 3 cases
Collins v. Commonwealth, Dep't of Highways, 324 S.W.2d 406 (Ky. Ct. App. 1959). “” KRS 177.086(4) provides as follows: “(4) If the owner has filed answer or pleading putting in issue the right of the petitioner to condemn the lands or use and occupation thereof and the material sought to be condemned, the court shall, without intervention of jury, proceed to…”
Commonwealth, Dep't of Highways v. Cardinal Hill Nursery, Inc., 343 S.W.2d 842 (Ky. Ct. App. 1961). “) KRS 177.086(4) provides that if the owner has filed an answer or pleading “putting in issue the right of the petitioner to condemn the lands * * * sought to be condemned, the court shall, without intervention of jury, proceed to hear and determine whether or not the petitioner…”
Stillpass v. Kenton Cnty. Airport Bd., Inc., 403 S.W.2d 46 (Ky. Ct. App. 1966). “Without conducting a hearing on that issue, though a hearing is required by KRS 177.086(4), the county court appointed commissioners, received their report, and entered a judgment finding that the petitioner has the right to condemn and awarding the amount of compensation fixed…”
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.