Kentucky Revised Statutes

Ky. Rev. Stat. § 416.640 (2026)

Conflicting claimants to condemned land

✓ current as of May 2026

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Where there are conflicting claimants to the land sought to be condemned and all such parties are before the court, each claimant, for the purposes of the condemnation proceeding only, shall be deemed to be an owner, and the procedure for the condemnation of the land shall be as provided in KRS 416.550 to 416.670 except that, before the condemnor shall be entitled to take possession of the land, it shall be required to pay the compensation awarded therein to the Circuit Court clerk to be held for the benefit of, and paid over to such persons as may thereafter be determined to be entitled to receive it. In such cases, the claimants may have their rights determined in a separate action, but the filing of such action or its pendency shall in no wise stay or delay said condemnation proceedings. History: Created 1976 Ky. Acts ch. 140, sec. 12.

Notes of Decisions

Cited in 1 case, 1977–1977 · leading case: Foster v. Sanders, 557 S.W.2d 205 (Ky. Ct. App. 1977).

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Foster v. Sanders, 557 S.W.2d 205 (Ky. Ct. App. 1977). · cites it 4× “The only statutory exception to the owner’s right to withdraw the award is set forth in KRS 416.640 which provides: “Where there are conflicting claimants to the land sought to be condemned apd all such parties are before the court, each claimant, for the purposes of the…”

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