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

Ky. Rev. Stat. § 416.570 (2026)

Filing of petition

✓ current as of May 2026
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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 the county in which all or the greater portion of the property sought to be condemned is located, which petition shall state that it is filed under the provisions of KRS 416.550 to 416.670 and shall contain, in substance:

(1) Allegations sufficient to show that the petitioner is entitled, under the provisions of applicable law, to exercise the right of eminent domain and to condemn the property, or the use and occupation thereof, sought to be taken in such proceedings;

(2) A particular description of the property and the use and occupation thereof sought to be condemned; and

(3) An application to the court to appoint commissioners to award the amount of compensation the owner of the property sought to be condemned is entitled to receive therefor. History: Created 1976 Ky. Acts ch. 140, sec. 5.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1978–2022 · leading case: City of Bowling Green v. Cooksey, 858 S.W.2d 190 (Ky. Ct. App. 1992).
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City of Bowling Green v. Cooksey, 858 S.W.2d 190 (Ky. Ct. App. 1992). · cites it 2× “If unable to reach an agreement, the condemnor must file a petition pursuant to KRS 416.570. The landowner having filed a response contesting the condemnation is entitled to a hearing before the trial court regarding the petitioner's right to condemn.”
Ratliff v. Fiscal Court of Caldwell Cty., Ky., 617 S.W.2d 36 (Ky. 1981). “KRS 416.570(1). The condemnee’s answer is “confined solely to the question of the right of the petitioner to condemn the property.”
Commonwealth v. Cooksey, 948 S.W.2d 122 (Ky. Ct. App. 1997). · cites it 2× “KRS 416.570. Questions concerning the right to take for a public purpose are to be decided by the circuit court.”
Kipling v. City of White Plains, 80 S.W.3d 776 (Ky. Ct. App. 2001). · cites it 4× “850(16) controlled over the more general provisions of KRS 416.570. In an order entered February 12, 1999, the trial court entered an order granting the City’s motion to allow the condemnation action to proceed.”
Leeds v. City of Muldraugh, 329 S.W.3d 341 (Ky. Ct. App. 2010). “Appellants seem to assert a property interest in the public street outside their businesses which they used for parking. They argue they have used the street for parking without incident for over fifteen years.”
Milam v. Viking Energy Holdings, LLC, 370 S.W.3d 530 (Ky. Ct. App. 2012). “Finally, the Milams argue that Viking failed to provide a particular description of the property it was seeking to condemn pursuant to KRS 416.570(2) (a petition must contain “[a] particular description of the property .”
Hamilton v. Commonwealth Transp. Cabinet, Dep't of Highways, 799 S.W.2d 39 (Ky. 1990). “Were it not for the fact that the Commonwealth here excepted to the commissioners’ award, I would have no problem concluding that it may not now come back and attempt to correct the description of the property taken, especially since the Commonwealth is required to file a…”
Duerson v. East Kentucky Power Coop., Inc., 843 S.W.2d 340 (Ky. Ct. App. 1992). “Appellants contend in their fourth argument that a certain provision of our condemnation statute, to wit, KRS 416.570 is unconstitutional. They maintain that the requirements of the condemnation petition are insufficient to permit the commissioners to make a proper award.”
Bernard v. Russell Cnty. Air Bd., 718 S.W.2d 123 (Ky. 1986). “tal stock of which is wholly owned by a city of the first class, having a right of eminent domain under other statutes shall exercise such right only by requesting the governing body of the city, county, or urban-county to institute condemnation proceedings on its behalf If the…”
Florence Owner 1, LLC v. Duke Energy, Inc. (Ky. Ct. App. 2022). “KRS 416.570 provides that the condemnor must file a verified petition setting forth the following information: Except as otherwise provided in KRS 416.”
Williams v. City of Stanford, Kentucky (E.D. Ky. 2021). “§ 416.570. On the other hand, cities are permitted to take “immediate action” to abate ordinance violations that present “imminent danger.”
Commonwealth, Dep't of Transp. v. Catlett, 568 S.W.2d 759 (Ky. Ct. App. 1978). “KRS 416.570 provided as follows: Filing of Petition.”
— Ky. Rev. Stat. § 416.570(1) — 1 case
Ratliff v. Fiscal Court of Caldwell Cty., Ky., 617 S.W.2d 36 (Ky. 1981). “KRS 416.570(1). The condemnee’s answer is “confined solely to the question of the right of the petitioner to condemn the property.”
— Ky. Rev. Stat. § 416.570(2) — 1 case
Milam v. Viking Energy Holdings, LLC, 370 S.W.3d 530 (Ky. Ct. App. 2012). “Finally, the Milams argue that Viking failed to provide a particular description of the property it was seeking to condemn pursuant to KRS 416.570(2) (a petition must contain “[a] particular description of the property .”
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