Ky. Rev. Stat. » Chapter 416
Kentucky Revised Statutes

Ky. Rev. Stat. § 416.560 (2026)

Initiation of condemnation proceedings -- Costs -- Right of entry --

✓ current as of May 2026
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Damages. (1) Notwithstanding any other provision of the law, a department, instrumentality or agency of a consolidated local government, city, county, or urban-county government, other than a waterworks corporation the capital stock of which is wholly owned by a city of the first class or a consolidated local government, having a right of eminent domain under other statutes shall exercise such right only by requesting the governing body of the consolidated local government, city, county, or urban-county to institute condemnation proceedings on its behalf. If the governing body of the consolidated local government, city, county, or urban-county agrees, it shall institute such proceedings under KRS 416.570, and all costs involved in the condemnation shall be borne by the department, instrumentality, or agency requesting the condemnation. (2) If any department, instrumentality, or agency of a consolidated local government, city, county, or urban-county government, other than a waterworks corporation the capital stock of which is wholly owned by a city of the first class or a consolidated local government, operates in more than one (1) governmental unit, it shall request the governing body of the consolidated local government, city, county, or urban- county government wherein the largest part of the individual tract of the property sought to be condemned lies, to institute condemnation proceedings on its behalf. (3) A department, instrumentality, or agency of the Commonwealth of Kentucky, other than the Transportation Cabinet and local boards of education, having a right of eminent domain under other statutes shall exercise such right only by requesting the Finance and Administration Cabinet to institute condemnation proceedings on its behalf. If the Finance and Administration Cabinet agrees, it shall institute such proceedings under KRS 416.570, and all costs involved in the condemnation shall be borne by the department, instrumentality, or agency requesting the condemnation. (4) Prior to the filing of the petition to condemn, the condemnor or its employees or agents shall have the right to enter upon any land or improvement which it has the power to condemn, in order to make studies, surveys, tests, sounding, and appraisals, provided that the owner of the land or the party in whose name the property is assessed has been notified ten (10) days prior to entry on the property. Any actual damages sustained by the owner of a property interest in the property entered upon by the condemnor shall be paid by the condemnor and shall be assessed by the court or the court may refer the matter to commissioners to ascertain and assess the damages sustained by the condemnee, which award shall be subject to appeal. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 230, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 45, sec. 1, effective July 14, 2000. -- Amended 1982 Ky. Acts ch. 239, sec. 1, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 140, sec. 4.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1983–2026 · leading case: Martingale, LLC v. City of Louisville, 151 S.W.3d 829 (Ky. Ct. App. 2004).
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Martingale, LLC v. City of Louisville, 151 S.W.3d 829 (Ky. Ct. App. 2004). · cites it 2× “[Martingale] also contendfs] that WDC is an instrumentality of the state and can only execute its right of eminent domain by requesting the Finance and Administration Cabinet to institute condemnation under KRS 416.”
Bernard v. Russell Cnty. Air Bd., 718 S.W.2d 123 (Ky. 1986). · cites it 5× “132, nor did it follow proper condemnation procedures, as detailed in the Eminent Domain *124 Act of KRS 416.560, to grant it authority to condemn movants’ property.”
Commonwealth, Transp. Cabinet, Dep't of Highways v. Wireman, 714 S.W.2d 159 (Ky. Ct. App. 1986). “What expenses then are to be included in costs, pursuant to KRS 416.560(3) and KRS 416.620(4)? The Commonwealth suggests that the filing fee, sheriff’s fee, jury fee, commissioners’ fee, Master Commissioner’s fee, and recording fee are all to be included in costs.”
Commonwealth, Dep't of Transp., Bureau of Highways v. Crafton-Duncan, Inc., 668 S.W.2d 62 (Ky. Ct. App. 1984). “The appraisal report of Todd was required by statute, KRS 416.560, to be prepared prior to the institution of litigation.”
Florence Owner 1, LLC v. Duke Energy, Inc. (Ky. Ct. App. 2022). “570 provides that the condemnor must file a verified petition setting forth the following information: Except as otherwise provided in KRS 416.560, a condemnor seeking to condemn property or the use and occupation thereof, shall file a verified petition in the Circuit Court of…”
Field & Main Bank, Inc. F/K/A Ohio Valley Fin. Grp., Inc., Successor by Merger & F/K/A Ohio Valley Bank, Inc., S (Ky. Ct. App. 2026). “In its Answer, Bank claimed its rights, including just compensation and the right to file further pleadings.”
Fearin v. Fox Creek Valley Watershed Conservancy Dist., 667 S.W.2d 389 (Ky. Ct. App. 1983). · cites it 2× “Fearin also argues that the District is a branch or instrumentality of state government and, thus, it must proceed through the Department of Finance in all condemnation suits, citing KRS 416.560(3). *391 We find no merit in this argument.”
— Ky. Rev. Stat. § 416.560(1) — 1 case
Martingale, LLC v. City of Louisville, 151 S.W.3d 829 (Ky. Ct. App. 2004). “[Martingale] also contendfs] that WDC is an instrumentality of the state and can only execute its right of eminent domain by requesting the Finance and Administration Cabinet to institute condemnation under KRS 416.”
— Ky. Rev. Stat. § 416.560(3) — 3 cases
Martingale, LLC v. City of Louisville, 151 S.W.3d 829 (Ky. Ct. App. 2004). “[Martingale] also contendfs] that WDC is an instrumentality of the state and can only execute its right of eminent domain by requesting the Finance and Administration Cabinet to institute condemnation under KRS 416.”
Commonwealth, Transp. Cabinet, Dep't of Highways v. Wireman, 714 S.W.2d 159 (Ky. Ct. App. 1986). “What expenses then are to be included in costs, pursuant to KRS 416.560(3) and KRS 416.620(4)? The Commonwealth suggests that the filing fee, sheriff’s fee, jury fee, commissioners’ fee, Master Commissioner’s fee, and recording fee are all to be included in costs.”
Fearin v. Fox Creek Valley Watershed Conservancy Dist., 667 S.W.2d 389 (Ky. Ct. App. 1983). “Fearin also argues that the District is a branch or instrumentality of state government and, thus, it must proceed through the Department of Finance in all condemnation suits, citing KRS 416.560(3). *391 We find no merit in this argument.”
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