Majority required -- Eminent domain proceedings.
(1) (a) The Circuit Court, or in the absence of the Circuit Judge from the county, the Circuit Court Clerk, shall appoint as commissioners three (3) impartial housekeepers of the county who are owners of land. They shall be sworn to faithfully and impartially discharge their duties under this section. The commissioners shall view the land or material sought to be condemned and award to the owner or owners such a sum as will fairly represent the reduction in the market value of the entire property, all of or a portion of which is sought to be condemned, said sum being the difference between the market value of the entire property immediately before the taking and the market value of the remainder of the property immediately after the taking thereof, together with the fair rental value of any temporary easements sought to be condemned. Within fifteen (15) days from the date of their appointment they shall return a written report to the office of the Circuit Court, stating the above values in their award and shall describe in their report the property sought to be condemned. They shall be allowed a reasonable fee which shall be taxed as costs.
(b) If any person appointed to serve as commissioner fails, refuses or becomes incapable of acting, the court, or judge thereof shall forthwith appoint a qualified person to fill the vacancy. A majority of the commissioners appointed and qualified have the power to act and to make and sign the award and report. If a majority of the commissioners do not agree on a decision, three (3) new commissioners shall be appointed by the court on application by any of the parties to the action.
(2) In eminent domain proceedings instituted pursuant to KRS 99.700 to 99.730, in determining the market of value blighted or deteriorated property, the commissioners shall consider:
(a) The estimated cost of repairs necessary to bring the property up to the minimum standards of the local housing or nuisance code as determined by an independent appraiser, general building or residential contractor or inspector; or
(b) The cost of demolition of the property, if the commissioners determine that demolition would be the most cost-effective manner of addressing the blighted or deteriorated structures on the property. Effective: July 15, 2016 History: Amended 2016 Ky. Acts ch. 127, sec. 10, effective July 15, 2016. -- Created 1976 Ky. Acts ch. 140, sec. 6.
Notes of Decisions
Commonwealth v. R.J. Corman R.R., 116 S.W.3d 488 (Ky. 2003).
· cites it 2× “Pursuant to KRS 416.580, the Logan Circuit Court appointed Commissioners to ascertain the reduction in value of the Memphis Line right-of-way caused by the six grade crossing easements.”
Corns v. Transp. Cabinet, Dep't of Highways, 814 S.W.2d 574 (Ky. 1991).
· cites it 3× “KRS 416.580(1). In this condemnation case, the commissioners viewed the subject property, awarded the landowners the sum of $112,400.”
Bianchi v. City of Harlan, 274 S.W.3d 368 (Ky. 2008).
· cites it 2× “See also KRS 416.580 (same). In Sherrod , moreover, we expressly disavowed an alternative method of valuing partial takings whereby "taking damages"the value of the part taken were assessed apart from and then added to "resulting damages"the value of the "harm" to the…”
Lake Vill. Water Ass'n v. Sorrell, 815 S.W.2d 418 (Ky. Ct. App. 1991).
· cites it 2× “In March, 1988, Lake Village, a utility providing water to approximately 1,400 customers in Boyle and Mercer Counties, filed a petition under KRS 416.580, seeking condemnation of two easements on the ap-pellees’ property for the purpose of installing water lines.”
Commonwealth v. Cooksey, 948 S.W.2d 122 (Ky. Ct. App. 1997).
· cites it 2× “Questions concerning compensation are decided by a statutory dispute resolution process whereby three commissioners are appointed (KRS 416.580) to determine compensation for the taking, with an appeal, by way of exceptions to the interlocutory judgment, to a jury (KRS 416.”
Martingale, LLC v. City of Louisville, 151 S.W.3d 829 (Ky. Ct. App. 2004).
· cites it 2× “On October 4, 2001, Bridge the Gap and Martingale filed a motion to set aside the Commissioner’s Report for failing to comply with KRS 416.580 and/or to stay this condemnation action pending the adjudication of the parties’ federal action.”
Kipling v. City of White Plains, 80 S.W.3d 776 (Ky. Ct. App. 2001).
· cites it 2× “On August 27, 1999, the trial court entered an interlocutory judgment finding that the City had the power to condemn the land for the purpose of a utility easement and that the Commissioner’s report complied with KRS 416.580. The trial court ordered the City to “pay to the…”
Milam v. Viking Energy Holdings, LLC, 370 S.W.3d 530 (Ky. Ct. App. 2012).
“On April 14, 2009, the circuit court appointed commissioners pursuant to KRS 416.580, who were charged with viewing the real property and awarding the owners the fair market value.”
Florence Owner 1, LLC v. Duke Energy, Inc. (Ky. Ct. App. 2022).
· cites it 4× “610, in turn, sets forth the proceedings in eminent domain cases and provides for the entry of an interlocutory judgment if certain findings are made: (1) After the owner has been summoned twenty (20) days, the court shall examine the report of the commissioners to determine…”
— Ky. Rev. Stat. § 416.580(1) — 2 cases
Martingale, LLC v. City of Louisville, 151 S.W.3d 829 (Ky. Ct. App. 2004).
“On October 4, 2001, Bridge the Gap and Martingale filed a motion to set aside the Commissioner’s Report for failing to comply with KRS 416.580 and/or to stay this condemnation action pending the adjudication of the parties’ federal action.”
— Ky. Rev. Stat. § 416.580(1)(a) — 1 case
Florence Owner 1, LLC v. Duke Energy, Inc. (Ky. Ct. App. 2022).
“610, in turn, sets forth the proceedings in eminent domain cases and provides for the entry of an interlocutory judgment if certain findings are made: (1) After the owner has been summoned twenty (20) days, the court shall examine the report of the commissioners to determine…”
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