Ky. Rev. Stat. » Chapter 416

Ky. Rev. Stat. § 416.550

Right to condemn

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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 County Metropolitan Sewer District v. Bischoff
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Louisville & Jefferson County Metropolitan Sewer District v. Bischoff (2007) ky · cites it 12× “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 Center Foundation, Inc. v. Lexington Fayette Urban County Government (2002) kyctapp · cites it 2× “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 (2018) kyctapp · cites it 2× “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. Board of Regents of Western Kentucky University (2010) kyctapp · cites it 2× “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 (1997) kyctapp · cites it 2× “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 (1992) kyctapp “" 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 (1977) kyctapp “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…”
Northern Kentucky Port Authority, Inc. v. Cornett (1985) ky “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 (2012) kyctapp “502 and KRS 416.550. Our first consideration is whether the proper corporate entity conducted the negotiations that were done.”
Kentucky Utilities Co. v. Brashear (1987) kyctapp “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 County Metropolitan Sewer District (1993) ky · cites it 3× “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 County Government v. Justin T. Moore (2018) ky · cites it 5× “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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