Ky. Rev. Stat. » Chapter 416
Kentucky Revised Statutes

Ky. Rev. Stat. § 416.010 (2026)

Institution of condemnation action by railroad

✓ current as of May 2026
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When any company authorized to construct a railroad is unable to contract with the owner of any land or material necessary for its use for the purpose thereof, it shall institute a condemnation action pursuant to the Eminent Domain Act of Kentucky. History: Amended 1976 Ky. Acts ch. 140, sec. 119. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 835.

Notes of Decisions
Cited in 15 cases, 1943–2010 · leading case: Commonwealth v. R.J. Corman R.R., 116 S.W.3d 488 (Ky. 2003).
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Commonwealth v. R.J. Corman R.R., 116 S.W.3d 488 (Ky. 2003). · cites it 2× “Although the Commonwealth no longer grants "charters" to railroad companies, the practice having been abolished in 1891 *495 by Section 59(19) of the current constitution, we observe that railroads still benefit from many of the privileges of their "quasi-public" corporate…”
Sprint Commc'ns Co., LP v. Leggett, 307 S.W.3d 109 (Ky. 2010). “For example, a railroad company may take by condemnation “any land or material necessary for its use” to construct a railroad, KRS 416.010, and “such lands in the vicinity of or adjacent to its road as are necessary for cuts or embankments, the procurement of stone, gravel, or…”
Eaton Asphalt Paving Co. v. CSX Transp., Inc., 8 S.W.3d 878 (Ky. Ct. App. 1999). · cites it 3× “060 and KRS § 416.010 et seq. CSX alleged a need for the property it sought to condemn in order to construct a passing track and it also alleged that it had been unsuccessful in negotiating with the appellants for the purchase of the property.”
Ratliff v. Fiscal Court of Caldwell Cty., Ky., 617 S.W.2d 36 (Ky. 1981). “See KRS 416.010 et seq. The statute was enacted shortly after the voters of Kentucky approved the new Judicial Article.”
Barker v. Lannert, 222 S.W.2d 659 (Ky. Ct. App. 1949). “* * * ” Previous to the effective date of the act in question, gas pipe line companies acquired their necessary right-of-ways under the provisions of KRS 416.010 to 416.080, inclusive. These sections of the statutes still are in effect, the new act merely providing an alternate…”
Miller v. City of Georgetown, Etc., 191 S.W.2d 403 (Ky. Ct. App. 1945). “needed for municipal purposes and and for the purposes mentioned in subsections (6) and (7) of this section, upon the passage of which ordinance the proper city authorities may, if the compensation for the property cannot be agreed upon, pro *244 ceed to condemn the property in…”
McGee v. City of Williamstown, 308 S.W.2d 795 (Ky. Ct. App. 1957). “-090 and in the manner provided in KRS 416.010 through 416.080. A petition was filed in the Grant County Court by the city against appellant, Winnie McGee, owner of 33.”
Commonwealth, Dep't of Highways v. Farra, 338 S.W.2d 696 (Ky. Ct. App. 1960). “Those cases were tried under KRS 416.010, et seq., which is a statute of long standing.”
Pike Cnty. Bd. of Educ. v. Ford, 279 S.W.2d 245 (Ky. Ct. App. 1955). “020 provides that upon the filing of a condemnation petition as pro-vided in KRS 416.010, “ * * * the court ■shall appoint as commissioners three impartial housekeepers of the county who are •owners of land.”
United States v. 251.81 Acres of Land, 50 F. Supp. 81 (W.D. Ky. 1943). · cites it 2× “, which gives special permission to the Secretary of War to institute condemnation proceedings of land to be used for military training camps, it is provided that such proceedings be prosecuted in accordance with the laws relating to suits for the condemnation of property of the…”
Davis v. Howard, Comm'r of Revenue, 206 S.W.2d 467 (Ky. Ct. App. 1947). “010, but the phrase “in the manner prescribed by KRS 416.010 to 416.080” was inserted so that the section read: *154 416.”
Kentucky & West Virginia Power Co. v. Vanhoose, 174 S.W.2d 538 (Ky. Ct. App. 1943). “242), which privilege is conferred upon power companies by KRS 416.010, 416.030, 416.080, appellee’s right to the easement is settled, the only question after entry without first making payment being the value of the land taken, and the damage caused to the residue by reason of…”
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