Kentucky Revised Statutes
Ky. Rev. Stat. § 416.550 (2026)
Right to condemn
✓ current as of May 2026
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Whenever any condemnor cannot, by agreement with the owner thereof, acquire the property right, privileges or easements needed for any of the uses or purposes for which the condemnor is authorized by law, to exercise its right of eminent domain, the condemnor may condemn such property, property rights, privileges or easements pursuant to the provisions of KRS 416.550 to 416.670. It is not a prerequisite to an action to attempt to agree with an owner who is unknown or who, after reasonable effort, cannot be found within the state or with an owner who is under a disability. History: Created 1976 Ky. Acts ch. 140, sec. 3.
Notes of Decisions
Cited in 19
cases (6 in the last 5 years), 1977–2026 · leading case: Louisville & Jefferson Cnty. Metro. Sewer Dist. v. Bischoff, 248 S.W.3d 533 (Ky. 2007).
Louisville & Jefferson Cnty. Metro. Sewer Dist. v. Bischoff, 248 S.W.3d 533 (Ky. 2007). “650, which states that "[a]ll proceedings under KRS 416.550 to 416.670 shall be governed by the provisions of the Rules of Civil Procedure except where the provisions of KRS 416.”
God's Ctr. Found., Inc. v. Lexington Fayette Urban Cnty. Gov't, 125 S.W.3d 295 (Ky. Ct. App. 2002). “Cooksey, 16 the Court stated: “Under KRS 416.550, the condemnor cannot acquire the property in fee simple if it can obtain access or use of the property through other privileges or easements.”
Kuchle Realty Co. v. Commonwealth, 571 S.W.3d 95 (Ky. Ct. App. 2018). “KRS 416.550 provides, in relevant part: *99 Whenever any condemnor cannot, by agreement with the owner thereof, acquire the property right, privileges or easements needed for any of the uses or purposes for which the condemnor is authorized by law, to exercise its right of…”
Clark v. Bd. of Regents of W. Kentucky Univ., 311 S.W.3d 726 (Ky. Ct. App. 2010). “KRS 416.550 provides, in relevant part: Whenever any condemnor cannot, by agreement with the owner thereof, acquire the property right, privileges or easements needed for any of the uses or purposes for which the condemnor is authorized by law, to exercise its right of eminent…”
Commonwealth v. Cooksey, 948 S.W.2d 122 (Ky. Ct. App. 1997). “The right to condemn is a statutory right conferred by KRS 416.550, which provides in relevant part that "[w]henever any condemnor cannot, by agreement with the owner thereof, acquire the property right, .”
City of Bowling Green v. Cooksey, 858 S.W.2d 190 (Ky. Ct. App. 1992). “" Under KRS 416.550 the condemnor cannot acquire the property in fee simple if it can obtain access or use of the property through other privileges or easements.”
Foster v. Sanders, 557 S.W.2d 205 (Ky. Ct. App. 1977). “640 which provides: “Where there are conflicting claimants to the land sought to be condemned apd all such parties are before the court, each claimant, for the purposes of the condemnation proceeding only, shall be deemed to be an owner, and the procedure for the condemnation of…”
N. Kentucky Port Auth., Inc. v. Cornett, 700 S.W.2d 392 (Ky. 1985). “650 provides that the Kentucky Rules of Civil Procedure are to apply to the Act, ‘except where the provisions of KRS 416.550 to 416.670 specifically or by necessary implication provide otherwise.”
Milam v. Viking Energy Holdings, LLC, 370 S.W.3d 530 (Ky. Ct. App. 2012). “502 and KRS 416.550. Our first consideration is whether the proper corporate entity conducted the negotiations that were done.”
Kentucky Utils. Co. v. Brashear, 726 S.W.2d 321 (Ky. Ct. App. 1987). “650 provides that all proceedings under KRS 416.550 to KRS 416.670 shall be governed by the Civil Rules except where the sections specifically or by necessary implication provide otherwise.”
Proffitt v. Louisville & Jefferson Cnty. Metro. Sewer Dist., 850 S.W.2d 852 (Ky. 1993). “MSD attempted to exercise this power pursuant to KRS 416.550. KRS 416.550 of the Eminent Domain Act provides in relevant part: Whenever any condemnor cannot, by agreement with the owner thereof, acquire the property right, privileges or easements needed for any of the uses or…”
Lexington-Fayette Urban Cnty. Gov't v. Justin T. Moore (Ky. 2018). “550: “Whenever any condemnor cannot, by agreement with the 4 owner thereof, acquire the property right, privileges or easements needed for any of the uses or purposes for which the condemnor is authorized by law, to exercise its right of eminent domain, the condemnor may condemn…”
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