Ky. Rev. Stat. » Chapter 416

Ky. Rev. Stat. § 416.620

Trial of exceptions to interlocutory judgment -- Questions as to

Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

compensation to be tried by jury -- Appeals. (1) Within thirty (30) days from the date of entry of an interlocutory judgment authorizing the petitioner to take possession of the property, exceptions may be filed by either party or both parties by filing with the clerk of the Circuit Court and serving upon the other party or parties a statement of exceptions, which statement shall contain any exceptions the party has to the award made by the commissioners. The statement of exceptions shall be tried, but shall be limited to the questions which are raised in the original statements of the exceptions, or as amended, but the owner shall not be permitted to raise any question, nor shall the court reconsider any question so raised, concerning the right of the petitioner to condemn the property. All questions of fact pertaining to the amount of compensation to the owner, or owners, shall be determined by a jury, which jury on the motion of either party shall be sent by the court, in the charge of the sheriff, to view the land and material. After a jury trial, and if possession previously has not been taken by the condemnor of the land and material condemned, it may do so upon the payment to the owner or to the clerk of the Circuit Court the amount of the compensation adjudged by the Circuit Court to be due the owner. (2) Appeals may be taken to the Court of Appeals from the final judgment of the Circuit Court as in other cases except that an appeal by the owner shall not operate as a supersedeas. (3) The payment by the condemnor of the amount of compensation awarded and the taking possession of the lands and material condemned shall not prejudice its right to except from the award of the commissioners or the judgment of any court, nor shall the acceptance by the owner of the amount of the compensation awarded prejudice his right to except from the award of the commissioners or the judgment of any court. (4) All costs in the Circuit Court shall be adjudged against the condemnor. (5) If the condemnor takes possession of the property condemned and the amount of compensation is thereafter increased over that awarded by the commissioners, the condemnor shall pay interest to the owner at the rate of six percent (6%) per annum upon the amount of such increase from the date the condemnor took possession of the property. If the condemnor takes possession of the property condemned and the amount of compensation is thereafter decreased below that awarded by the commissioners, the condemnor shall be entitled to a personal judgment against the owner for the amount of the decrease plus interest at the rate of six percent (6%) per annum from the date the owner accepted the amount of compensation the condemnor paid into court or to the owner. If the owner at all times refuses to accept the payment tendered by the condemnor, no interest shall be allowed in the judgment against the owner for the amount of the decrease. (6) Upon the final determination of exceptions, or upon expiration of thirty (30) days from entry of the interlocutory judgment if no exceptions are filed, the Circuit Court shall make such orders as may be proper for the conveyance of the title to the extent condemned, to the property, and shall enter such final judgment as may be appropriate. History: Created 1976 Ky. Acts ch. 140, sec. 10.

Notes of Decisions
Cited in 28 cases (9 in the last 5 years), 1977–2026 · leading case: Louisville & Jefferson County Metropolitan Sewer District v. Bischoff
Sort: Relevance Newest Treatment
Louisville & Jefferson County Metropolitan Sewer District v. Bischoff (2007) ky · cites it 8× “04 deprives him of his right to a trial by jury under Section 242 or KRS 416.620. To the contrary, CR 38 merely specifies the procedure for obtaining a jury trial when the applicable statutes do not.”
Ratliff v. Fiscal Court of Caldwell Cty., Ky. (1981) ky · cites it 4× “Within 30 days from the entry of the interlocutory judgment which, under KRS 416.620(1), has validated the right to take, a statement of exceptions may be filed.”
Commonwealth v. R.J. Corman Railroad (2003) ky · cites it 4× “Both parties filed timely exceptions to these awards, and under KRS 416.620(1), the matter passed to the circuit court for trial by jury.”
Hunsaker v. Commonwealth, Department of Transportation (2007) ky · cites it 10× “This condemnation proceeding originated in the Letcher Circuit Court on October 20, 1993, under KRS 416.”
Board of Regents of Western Kentucky University v. Clark (2009) ky · cites it 4× “This order also stated that the judgment is continued for the filing of exceptions, pursuant to KRS 416.620(1), and if none are filed within thirty (30) days, this interlocutory judgment shall become final in all respects without further notice or order.”
Kentucky Utilities Co. v. Brashear (1987) kyctapp · cites it 10× “590 and KRS 416.620. The Brashears filed an answer denying Kentucky Utilities’ right to condemn and requesting an evidentiary hearing as required by KRS 416.”
Potter v. Breaks Interstate Park Commission (1985) ky · cites it 3× “46 apiece was based on the court’s determination that Appellants received notice of the action but failed to follow statutory procedure under KRS 416.620 for contesting the original valuation of the property set forth in the commissioner’s award.”
Bush v. Commonwealth, Department of Highways, Transportation Cabinet (1989) kyctapp · cites it 6× “Therefore, the Cabinet was ordered to pay the landowners an additional $7,620.”
Foster v. Sanders (1977) kyctapp · cites it 2× “In the absence of such an allocation, the lessees can not make an intelligent decision whether to file exceptions to the award as permitted by KRS 416.620. If no allocation of the award is made in accordance with the standards set forth in the Sherrod case, the lessees must…”
Corns v. Transportation Cabinet, Department of Highways (1991) ky · cites it 2× “KRS 416.620(1). Even if we were to assume, without deciding, that after the entry of the interlocutory order and judgment, the respondent Judge had the authority to appoint Mr.”
Powell v. Board of Education of Harrodsburg (1991) kyctapp “In Bush, the court allowed an award of six percent interest because KRS 416.620(5) specifically provided for such interest in eminent domain proceedings.”
Commonwealth v. Cooksey (1997) kyctapp · cites it 2× “KRS 416.620(5). For the foregoing reasons, the interlocutory judgment of the McCracken Circuit Court is vacated and the matter remanded for proceedings consistent with this opinion.”
Show all 28 citing cases →
— Ky. Rev. Stat. § 416.620(1) — 10 cases
Louisville & Jefferson County Metropolitan Sewer District v. Bischoff (2007) ky “04 deprives him of his right to a trial by jury under Section 242 or KRS 416.620. To the contrary, CR 38 merely specifies the procedure for obtaining a jury trial when the applicable statutes do not.”
Commonwealth v. R.J. Corman Railroad (2003) ky “Both parties filed timely exceptions to these awards, and under KRS 416.620(1), the matter passed to the circuit court for trial by jury.”
Board of Regents of Western Kentucky University v. Clark (2009) ky “This order also stated that the judgment is continued for the filing of exceptions, pursuant to KRS 416.620(1), and if none are filed within thirty (30) days, this interlocutory judgment shall become final in all respects without further notice or order.”
Ratliff v. Fiscal Court of Caldwell Cty., Ky. (1981) ky “Within 30 days from the entry of the interlocutory judgment which, under KRS 416.620(1), has validated the right to take, a statement of exceptions may be filed.”
Corns v. Transportation Cabinet, Department of Highways (1991) ky “KRS 416.620(1). Even if we were to assume, without deciding, that after the entry of the interlocutory order and judgment, the respondent Judge had the authority to appoint Mr.”
— Ky. Rev. Stat. § 416.620(2) — 2 cases
Ratliff v. Fiscal Court of Caldwell Cty., Ky. (1981) ky “Within 30 days from the entry of the interlocutory judgment which, under KRS 416.620(1), has validated the right to take, a statement of exceptions may be filed.”
Commonwealth of Kentucky, Kentucky Heritage Land Conservation Fund Board v. East Kentucky Power Cooperative, Inc. (2022) kyctapp
— Ky. Rev. Stat. § 416.620(4) — 1 case
Commonwealth, Transportation Cabinet, Department of Highways v. Wireman (1986) kyctapp
— Ky. Rev. Stat. § 416.620(5) — 6 cases
Hunsaker v. Commonwealth, Department of Transportation (2007) ky “This condemnation proceeding originated in the Letcher Circuit Court on October 20, 1993, under KRS 416.”
Bush v. Commonwealth, Department of Highways, Transportation Cabinet (1989) kyctapp “Therefore, the Cabinet was ordered to pay the landowners an additional $7,620.”
Powell v. Board of Education of Harrodsburg (1991) kyctapp “In Bush, the court allowed an award of six percent interest because KRS 416.620(5) specifically provided for such interest in eminent domain proceedings.”
Commonwealth v. Cooksey (1997) kyctapp “KRS 416.620(5). For the foregoing reasons, the interlocutory judgment of the McCracken Circuit Court is vacated and the matter remanded for proceedings consistent with this opinion.”
Foster v. Sanders (1977) kyctapp “In the absence of such an allocation, the lessees can not make an intelligent decision whether to file exceptions to the award as permitted by KRS 416.620. If no allocation of the award is made in accordance with the standards set forth in the Sherrod case, the lessees must…”
— Ky. Rev. Stat. § 416.620(6) — 3 cases
Ratliff v. Fiscal Court of Caldwell Cty., Ky. (1981) ky “Within 30 days from the entry of the interlocutory judgment which, under KRS 416.620(1), has validated the right to take, a statement of exceptions may be filed.”
Kentucky Utilities Co. v. Brashear (1987) kyctapp “590 and KRS 416.620. The Brashears filed an answer denying Kentucky Utilities’ right to condemn and requesting an evidentiary hearing as required by KRS 416.”
Williams v. City of Stanford, Kentucky (2021) kyed
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.