Ky. Rev. Stat. » Chapter 416

Ky. Rev. Stat. § 416.610

Trial by court on pleadings -- Interlocutory judgment

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(1) After the owner has been summoned twenty (20) days, the court shall examine the report of the commissioners to determine whether it conforms to the provisions of KRS 416.580. If the report of the commissioners is not in the proper form the court shall require the commissioners to make such corrections as are necessary. (2) If no answer or other pleading is filed by the owner or owners putting in issue the right of the petitioner to condemn the property or the use and occupation thereof sought to be condemned, the court shall enter an interlocutory judgment which shall contain, in substance: (a) A finding that the petitioner has the right, under the provisions of KRS 416.550 to 416.670 and other applicable law to condemn the property or the use and occupation thereof; (b) A finding that the report of the commissioners conforms to the provisions of KRS 416.580; (c) An authorization to take possession of the property for the purposes and under the conditions and limitations, if any, set forth in the petition upon payment to the owner or to the clerk of the court the amount of the compensation awarded by the commissioners; (d) Proper provision for the conveyance of the title to the land and material, to the extent condemned, as adjudged therein in the event no exception is taken as provided in KRS 416.620(1). (3) Any exception from such interlocutory judgment by either party or both parties shall be confined solely to exceptions to the amount of compensation awarded by the commissioners. (4) If the owner has filed answer or pleading putting in issue the right of the petitioner to condemn the property or use and occupation thereof sought to be condemned, the court shall, without intervention of jury, proceed forthwith to hear and determine whether or not the petitioner has such right. If the court determines that petitioner has such rights, an interlocutory judgment, as provided for in subsection (2) of this section, shall be entered. If the court determines that petitioner does not have such right, it shall enter a final judgment which shall contain, in substance: (a) A finding that the report of the commissioners conforms to the provisions of KRS 416.580; (b) A finding that the petitioner is not authorized to condemn the property or the use and occupation thereof for the purposes and under the conditions and limitations set forth in the petition, stating the particular ground or grounds on which the petitioner is not so authorized; (c) An order dismissing the petition and directing the petitioner to pay all costs. History: Created 1976 Ky. Acts ch. 140, sec. 9.

Notes of Decisions
Cited in 28 cases (14 in the last 5 years), 1977–2026 · leading case: Ratliff v. Fiscal Court of Caldwell Cty., Ky.
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Ratliff v. Fiscal Court of Caldwell Cty., Ky. (1981) ky · cites it 5× “KRS 416.610(2). Any exceptions to such interlocutory judgment are to be confined to the amount of the award.”
Commonwealth v. Cooksey (1997) kyctapp · cites it 14× “The court continued the cause for the filing of exceptions (KRS 416.610(3)) for the amount of compensation for the taking, and for the amount of damages for bad faith, if such is shown in a bifurcated trial.”
Commonwealth, Department of Transportation, Bureau of Highways v. Knieriem (1986) ky · cites it 5× “By so holding, the Court of Appeals interpreted the words "all costs" in KRS 416.610(4)(c) to include attorney's fees.”
God's Center Foundation, Inc. v. Lexington Fayette Urban County Government (2002) kyctapp · cites it 2× “02; KRS 416.610. 8 . See, e.g., Boom v. Patterson, 98 U.”
Foster v. Sanders (1977) kyctapp · cites it 2× “An interlocutory judgment has been entered by the circuit court pursuant to KRS 416.610, granting the Commonwealth the right to take immediate possession of the property sought to be condemned.”
Golden Foods, Inc. v. Louisville & Jefferson County Metropolitan Sewer District (2007) kyctapp “Discovery was conducted by both *683 parties and a one-day right to take hearing was conducted by this Court pursuant to KRS 416.610 on May 2, 2001. The Court heard testimony from Loyiso Melisizwe and Carolyn Williams of MSD and Alan Linker on behalf of [Golden Foods].”
Hagg v. Kentucky Utilities Co. (1983) kyctapp · cites it 2× “The judgment entered on August 3 was an “interlocutory judgment” made pursuant to KRS 416.610. It adjudged that the appellee had the right to condemn an easement across Mr.”
Commonwealth, Transportation Cabinet, Department of Highways v. Wireman (1986) kyctapp · cites it 2× “Since KRS 416.610(3) states that exceptions shall be confined to the amount of compensation awarded, the Commonwealth argued that the appellees should be limited to the commissioners’ award because that amount was accepted.”
Kipling v. City of White Plains (2001) kyctapp · cites it 3× “to their exceptions to the Petition, the Kiplings maintained that (1) the City’s action was “arbitrary and capricious, and ultra vires; (2) the City could not condemn the property unless the Board entered an order approving the condemnation; (3) should the Board enter an order…”
Northern Kentucky Port Authority, Inc. v. Cornett (1981) ky “The action came before the circuit judge at the behest of movant for an interlocutory judgment pursuant to the provisions of KRS 416.610(4). The trial court held that, “The Port Authority has the right to acquire land by eminent domain for the public use of operating a…”
Kentucky Utilities Co. v. Brashear (1987) kyctapp · cites it 2× “The Brashears filed an answer denying Kentucky Utilities’ right to condemn and requesting an evidentiary hearing as required by KRS 416.610(4). Hearing was held on May 28, 1981.”
Hamilton v. Commonwealth Transportation Cabinet, Department of Highways (1990) ky “2d 36 (1981) that the interlocutory judgment entered pursuant to KRS 416.610 shall be final and, hence, immediately appealable by the con-demnee, as it was immediately appealable by the condemnor pursuant to statute.”
Show all 28 citing cases →
— Ky. Rev. Stat. § 416.610(1) — 1 case
James P. Bowling v. Commonwealth of Kentucky, Transportation Cabinet, Department of Highways (2025) kyctapp
— Ky. Rev. Stat. § 416.610(2) — 2 cases
Ratliff v. Fiscal Court of Caldwell Cty., Ky. (1981) ky “KRS 416.610(2). Any exceptions to such interlocutory judgment are to be confined to the amount of the award.”
Lexington-Fayette Urban County Government v. Justin T. Moore (2018) ky
— Ky. Rev. Stat. § 416.610(2)(c) — 1 case
Foster v. Sanders (1977) kyctapp “An interlocutory judgment has been entered by the circuit court pursuant to KRS 416.610, granting the Commonwealth the right to take immediate possession of the property sought to be condemned.”
— Ky. Rev. Stat. § 416.610(2)(e) — 1 case
Kipling v. City of White Plains (2001) kyctapp “to their exceptions to the Petition, the Kiplings maintained that (1) the City’s action was “arbitrary and capricious, and ultra vires; (2) the City could not condemn the property unless the Board entered an order approving the condemnation; (3) should the Board enter an order…”
— Ky. Rev. Stat. § 416.610(3) — 3 cases
Commonwealth v. Cooksey (1997) kyctapp “The court continued the cause for the filing of exceptions (KRS 416.610(3)) for the amount of compensation for the taking, and for the amount of damages for bad faith, if such is shown in a bifurcated trial.”
Commonwealth, Transportation Cabinet, Department of Highways v. Wireman (1986) kyctapp “Since KRS 416.610(3) states that exceptions shall be confined to the amount of compensation awarded, the Commonwealth argued that the appellees should be limited to the commissioners’ award because that amount was accepted.”
James P. Bowling v. Commonwealth of Kentucky, Transportation Cabinet, Department of Highways (2025) kyctapp
— Ky. Rev. Stat. § 416.610(4) — 13 cases
Ratliff v. Fiscal Court of Caldwell Cty., Ky. (1981) ky “KRS 416.610(2). Any exceptions to such interlocutory judgment are to be confined to the amount of the award.”
Commonwealth v. Cooksey (1997) kyctapp “The court continued the cause for the filing of exceptions (KRS 416.610(3)) for the amount of compensation for the taking, and for the amount of damages for bad faith, if such is shown in a bifurcated trial.”
God's Center Foundation, Inc. v. Lexington Fayette Urban County Government (2002) kyctapp “02; KRS 416.610. 8 . See, e.g., Boom v. Patterson, 98 U.”
Northern Kentucky Port Authority, Inc. v. Cornett (1981) ky “The action came before the circuit judge at the behest of movant for an interlocutory judgment pursuant to the provisions of KRS 416.610(4). The trial court held that, “The Port Authority has the right to acquire land by eminent domain for the public use of operating a…”
Kentucky Utilities Co. v. Brashear (1987) kyctapp “The Brashears filed an answer denying Kentucky Utilities’ right to condemn and requesting an evidentiary hearing as required by KRS 416.610(4). Hearing was held on May 28, 1981.”
— Ky. Rev. Stat. § 416.610(4)(c) — 1 case
Commonwealth, Department of Transportation, Bureau of Highways v. Knieriem (1986) ky “By so holding, the Court of Appeals interpreted the words "all costs" in KRS 416.610(4)(c) to include attorney's fees.”
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