Kentucky Revised Statutes

Ky. Rev. Stat. § 416.230 (2026)

Condemnation for oil or gas pipelines and related facilities -- Petition

✓ current as of May 2026

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A corporation, partnership or individual seeking to condemn lands and material or the use and occupation of lands, under the provisions of KRS 278.502, may file a verified petition in the office of the Circuit Court clerk of the county in which all or the greater portion of the land and material is located. The petition shall state that it is filed under the provisions of KRS 278.502 and shall be conducted pursuant to the Eminent Domain Act of Kentucky. History: Amended 1976 Ky. Acts ch. 140, sec. 127. -- Created 1948 Ky. Acts ch. 186, sec. 2.

Notes of Decisions

Cited in 9 cases, 1949–1967 · leading case: Gulledge v. Texas Gas Transmission Corp., 256 S.W.2d 349 (Ky. Ct. App. 1953).

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Gulledge v. Texas Gas Transmission Corp., 256 S.W.2d 349 (Ky. Ct. App. 1953). · cites it 2× “The condemnation proceedings were conducted under KRS 416.230 to 416.310, which represent a compilation of a 1948 Act relating specifically to condemnation for pipe lines.”

Barker v. Lannert, 222 S.W.2d 659 (Ky. Ct. App. 1949). “The chancellor granted the writ upon the theory that the county court has no jurisdiction over the condemnation suit because KRS 416.230 to 416.310, all of which comprise an act of the General Assembly of 1948, are in contravention of sections 13 and 242 of the Constitution of…”

Witbeck v. Big Rivers Rural Elec. Coop. Corp., 412 S.W.2d 265 (Ky. Ct. App. 1967). “Big Rivers Rural Electric Cooperative Corporation, pursuant to KRS 416.230 et seq., sought to condemn the right of way for an easement for the construction of a 69,000 volt transmission line across the southern edge of the farm of A.”

Tennessee Gas Transmission Co. v. Million, 234 S.W.2d 152 (Ky. Ct. App. 1950). “But in other cases instituted under the provisions of KRS 416.230 et seq., such practice would be deemed to be prejudicial to the landowner's substantial rights, because the just compensation referred to in Sections 13 and 242 of the Constitution has been construed to be the…”

Commonwealth, Dep't of Highways v. Snyder, 309 S.W.2d 351 (Ky. Ct. App. 1958). “It was pointed out that under those statutes, since the condemner had the right to take the land upon paying the compensation awarded by the commissioners regardless of the trial in the circuit court, the landowner would be the defeated party if no evidence was introduced on…”

Tennessee Gas Transmission Co. v. Million, 234 S.W.2d 152 (Ky. Ct. App. 1950). “But in other cases instituted under the provisions of KRS 416.230 et seq., such practice would be deemed to be prejudicial to the landowner’s substantial rights, because the just compensation referred to in Sections 13 and 242 of the Constitution has been construed to be the…”

Commonwealth, Dep't of Highways v. Holloman, 390 S.W.2d 666 (Ky. Ct. App. 1965). “It was pointed out that under those statutes, since the condemner had the right to take the land upon paying the compensation awarded by the commissioners regardless of the trial in the circuit court, the landowner would be the defeated party if no evidence was introduced on…”

Linn v. Bryan, 226 S.W.2d 959 (Ky. Ct. App. 1950). “The Utilities Company instituted the condemnation proceeding under KRS 416.230. The landowners filed a general demurrer to the proceeding under KRS 416.”

Epperson v. Briscoe Manor Sewer Constr. Dist., 420 S.W.2d 390 (Ky. Ct. App. 1966). · cites it 3× “The district chose to follow the procedure for oil or gas pipe lines set out in KRS 416.230. The appellants contend that KRS 58.”

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