As used in KRS 416.540 to 416.670:
(1) "Condemn" means to take private property for a public use under the right of eminent domain;
(2) "Condemnor" shall mean and include any person, corporation or entity, including the Commonwealth of Kentucky, its agencies and departments, county, municipality and taxing district authorized and empowered by law to exercise the right of eminent domain;
(3) "Condemnee" means the owner of the property interest being taken;
(4) "Court" means the Circuit Court;
(5) "Eminent domain" means the right of the Commonwealth to take for public use and shall include the right of private persons, corporations, or business entities to do so under authority of law;
(6) "Government lien" means any lien established by or in favor of the Commonwealth or a local government under KRS Chapter 65, 82, 91, 91A, or 134;
(7) "Local government" means any city, county, urban-county government, consolidated local government, unified local government, or charter county; and
(8) "Property" means real or personal property, or both, of any nature or kind that is subject to condemnation. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 127, sec. 9, effective July 15, 2016. -- Amended 2006 Ky. Acts ch. 73, sec. 2, effective July 12, 2006. -- Created 1976 Ky. Acts ch. 140, sec. 2.
Notes of Decisions
Ratliff v. Fiscal Court of Caldwell Cty., Ky., 617 S.W.2d 36 (Ky. 1981).
· cites it 2× “242; KRS 416.540 et seq. The decision of the Court of Appeals with respect to movant’s right to appeal the right to take is reversed, but the trial court’s decision on the merits is affirmed.”
Commonwealth v. R.J. Corman R.R., 116 S.W.3d 488 (Ky. 2003).
· cites it 2× “Corman argues that the rationale supporting the City of Louisville decision has no application under the modern compensation framework provided by the 1976 Eminent Domain Act of Kentucky, KRS 416.540 to 416.570. In particular, Corman contends the City of Louisville Court…”
Bianchi v. City of Harlan, 274 S.W.3d 368 (Ky. 2008).
· cites it 2× “We reasserted this standard in Sherrod, supra , and in 1976, the General Assembly incorporated it in the Eminent Domain Act (KRS 416.540 to 416.670), which provides in pertinent part that condemnee landowners are to be compensated such a sum as will fairly represent the…”
Commonwealth v. Cooksey, 948 S.W.2d 122 (Ky. Ct. App. 1997).
· cites it 4× “The property owners' answer contained a counterclaim for damages for bad faith negotiations, and the trial court attempted to address the issue of the exceptions in the jury trial.”
City of Bowling Green v. Cooksey, 858 S.W.2d 190 (Ky. Ct. App. 1992).
· cites it 2× “The Kentucky Constitution and the Eminent Domain Act of Kentucky (KRS 416.540 et seq. ) require that the taking of private property by government must be for a "public purpose.”
Corns v. Transp. Cabinet, Dep't of Highways, 814 S.W.2d 574 (Ky. 1991).
· cites it 2× “Under the Act the circuit judge or, in the absence of the circuit judge, the circuit court clerk, is required to appoint “three (3) impartial housekeepers of the county who are owners of land” who are charged by statute “to view the land .”
Clark v. Bd. of Regents of W. Kentucky Univ., 311 S.W.3d 726 (Ky. Ct. App. 2010).
“Since the parties could not reach an agreement, WKU filed a petition for condemnation pursuant to the Eminent Domain Act of Kentucky, KRS 416.540 et seq. KRS 416.550 provides, in relevant part: Whenever any condemnor cannot, by agreement with the owner thereof, acquire the…”
Hunsaker v. Commonwealth, Dep't of Transp., 239 S.W.3d 68 (Ky. 2007).
· cites it 2× “This condemnation proceeding originated in the Letcher Circuit Court on October 20, 1993, under KRS 416.540 through KRS 416.670 and KRS 117.”
Foster v. Sanders, 557 S.W.2d 205 (Ky. Ct. App. 1977).
“The condemnation proceeding is being prosecuted pursuant to the Eminent Domain Act of Kentucky, KRS 416.540 to 416.-670. Mr. and Mrs. Foster, all of the lessees in the shopping center, and all of the holders of liens were joined as defendants in that proceeding.”
Kipling v. City of White Plains, 80 S.W.3d 776 (Ky. Ct. App. 2001).
· cites it 2× “” The provisions contained in Chapter 416, specifically KRS 416.540, 416.570, 416.580, 416.590, 416.”
Martingale, LLC v. City of Louisville, 151 S.W.3d 829 (Ky. Ct. App. 2004).
“082(1) gives the City, under a grant of home rule, the power of eminent domain in accordance with the provisions of the Eminent Domain Act of Kentucky, KRS 416.540 to KRS 416.680. KRS 83.520 provides that the provisions of KRS Chapter 97, among others, shall be considered…”
— Ky. Rev. Stat. § 416.540(1) — 6 cases
— Ky. Rev. Stat. § 416.540(2) — 2 cases
Ratliff v. Fiscal Court of Caldwell Cty., Ky., 617 S.W.2d 36 (Ky. 1981).
“242; KRS 416.540 et seq. The decision of the Court of Appeals with respect to movant’s right to appeal the right to take is reversed, but the trial court’s decision on the merits is affirmed.”
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.