(1) When any fiscal court desires to condemn land under the authority of KRS 178.120, it shall adopt a resolution ordering the condemnation of the required land. The resolution shall set forth the facts contemplated by KRS 178.120, give a general description of the land, and the name of the owner if known, and shall direct the county attorney to institute the proceedings.
(2) The county attorney shall file the petition for condemnation in the Circuit Court in the name of the county, and shall attach to the petition as an exhibit a certified copy of the resolution of the fiscal court. The resolution shall be prima facie evidence of the public use and necessity for the condemnation. Thereafter the proceedings shall be as provided in the Eminent Domain Act of Kentucky. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 418, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 121. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4302a-2 to 4302a-12. Legislative Research Commission Note. According to the provisions of KRS 416.540 to 416.680 (the Eminent Domain Act of Kentucky), the petition for condemnation shall be filed in the circuit court, followed by proceedings relating to the condemnation action.
Notes of Decisions
Commonwealth, Dep't of Highways v. Sherrod, 367 S.W.2d 844 (Ky. Ct. App. 1963).
· cites it 2× “But a special statute, KRS 416.110, relating to condemnation by a fiscal court for road purposes, still provides for separate allowance for fencing and for “the value of trees or shrubbery taken”.”
Jefferson Cnty. v. Clausen, 180 S.W.2d 297 (Ky. Ct. App. 1944).
· cites it 2× “KRS 416.110 (1) provides that the fiscal court shall adopt a resolution ordering the condemnation, which resolution shall set forth the facts contemplated by KRS 178.”
Smallwood v. Hardin Cnty., 184 S.W.2d 230 (Ky. Ct. App. 1944).
· cites it 6× “ms it to be necessary and “in the best interest of the county” to open or establish, alter or repair any public road, and it cannot agree with the owners of the land necessary to be acquired for the purpose, it may then institute condemnation proceedings for the acquisition of…”
Prather v. Fulton Cnty., 336 S.W.2d 339 (Ky. Ct. App. 1960).
· cites it 5× “120 authorizes condemnation under the procedure set forth in KRS 416.110 whenever the fiscal court “deems it to be in the best interest of the county to ■open, establish, construct, alter or repair ■any public road * * * of the county and the fiscal court is unable to contract…”
Citizens Fid. Bank & Trust Co. v. Jefferson Cnty., 283 S.W.2d 1 (Ky. Ct. App. 1955).
“KRS 416.110(2) (g). In this case, the landowner would be the defeated party if no evidence had been given on either side, because the condemner would have possession of the land at the price fixed by the jury in the county court.”
Commonwealth, Dep't of Highways v. Boyer, 434 S.W.2d 630 (Ky. Ct. App. 1968).
“* * * We hereby abolish the old fencing rule and we hold that the provisions of KRS 416.110 for separate fixing of damages for fencing, trees and shrubbery are inoperative, for the same reason as stated above why statutory provisions requiring the separate fixing of taking and…”
— Ky. Rev. Stat. § 416.110(2) — 1 case
Citizens Fid. Bank & Trust Co. v. Jefferson Cnty., 283 S.W.2d 1 (Ky. Ct. App. 1955).
“KRS 416.110(2) (g). In this case, the landowner would be the defeated party if no evidence had been given on either side, because the condemner would have possession of the land at the price fixed by the jury in the county court.”
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