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

Ky. Rev. Stat. § 416.660 (2026)

Standards for determining compensation -- Changes in value -- Taking

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

date.

(1) In all actions for the condemnation of lands under the provisions of KRS 416.550 to 416.670, except temporary easements, there shall be awarded to the landowners as compensation such a sum as will fairly represent the difference between the fair market value of the entire tract, all or a portion of which is sought to be condemned, immediately before the taking and the fair market value of the remainder thereof immediately after the taking, including in the remainder all rights which the landowner may retain in the lands sought to be condemned where less than the fee simple interest therein is taken, together with the fair rental value of any temporary easements sought to be condemned.

(2) Any change in the fair market value prior to the date of condemnation which the condemnor or condemnee establishes was substantially due to the general knowledge of the imminence of condemnation or the construction of the project shall be disregarded in determining fair market value. The taking date for valuation purposes shall be either the date the condemnor takes the land, or the date of the trial of the issue of just compensation, whichever occurs first. History: Created 1976 Ky. Acts ch. 140, sec. 14.

Notes of Decisions
Cited in 13 cases (7 in the last 5 years), 2003–2026 · leading case: Baston v. Cnty. of Kenton Ex Rel. Kenton Cnty. Airport Bd., 319 S.W.3d 401 (Ky. 2010).
Sort: Relevance Newest Treatment
Baston v. Cnty. of Kenton Ex Rel. Kenton Cnty. Airport Bd., 319 S.W.3d 401 (Ky. 2010). · cites it 15× “In the view of the Court of Appeals’ majority, Baston’s counsel violated KRS 416.660 and tainted the jury by attempting to show that knowledge of the *405 runway project had stifled development in the area, thereby requiring the fair market value of Baston’s property to be…”
Louisville & Jefferson Cnty. Metro. Sewer Dist. v. Bischoff, 248 S.W.3d 533 (Ky. 2007). · cites it 2× “He also argued that MSD's expert witness's appraisal did not contain comparable sales as required by KRS 416.660. The Court of Appeals concluded that in eminent domain proceedings, Section 242 of the Kentucky Constitution and KRS 416.”
Commonwealth v. R.J. Corman R.R., 116 S.W.3d 488 (Ky. 2003). · cites it 4× “When private property is condemned for public use, the measure of just compensation is the difference between the fair market value of the property immediately before the taking and the fair market value of the remainder immediately afterwards.”
Bianchi v. City of Harlan, 274 S.W.3d 368 (Ky. 2008). · cites it 2× “KRS 416.660. See also KRS 416.580 (same).”
Paducah Indep. Sch. Dist. v. Putnam & Sons, LLC, 520 S.W.3d 367 (Ky. 2017). · cites it 2× “2008) (citing Sherrod and KRS 416.660). 319 S.W.3d at 406 . Since for condemnation purposes “fair market value” is understood as “the amount in cash that a willing buyer would pay to a willing seller,” id.”
Big Rivers Elec. Corp. v. Barnes, 147 S.W.3d 753 (Ky. Ct. App. 2004). “KRS 416.660(1) sets the standard for damages in condemnation cases as “the difference between the fair market value of the entire tract .”
James P. Bowling v. Commonwealth of Kentucky, Transp. Cabinet, Dep't of Highways (Ky. Ct. App. 2025). · cites it 5× “The circuit court determined the compensation factors listed in KRS 416.660 apply only when an agreement with the landowner is not reached, and KYTC files an action for condemnation.”
Commonwealth of Kentucky Transp. Cabinet, Dep't of Highways v. Harold T. Wilkerson (Ky. Ct. App. 2023). · cites it 4× “2 KRS 416.660 (1) states, in pertinent part, that “all actions for the condemnation of lands under the provisions of KRS 416.”
Clarke v. W. Mason Water Dist. (E.D. Ky. 2023). · cites it 4× “” See Ky. Rev. Stat. § 416.660. Yet the Kentucky Court of Appeals, then Kentucky’s highest Court, stated that a “land owner has the option to either seek injunctive relief or to recover damages for the permanent taking of his property.”
The First Nat'l Bank of Manchester v. Maurice K. Smith (Ky. Ct. App. 2022). “KRS 416.660; Commonwealth v. R.J. Corman Railroad Co.”
Florence Owner 1, LLC v. Duke Energy, Inc. (Ky. Ct. App. 2022). “See KRS 416.660(1): -14- during negotiations were conclusive of bad faith or that Florence Owners’ counteroffer was reasonable.”
Commonwealth of Kentucky, Transp. Cabinet, Dep't of Highways v. Leah Atkinson (Ky. Ct. App. 2023). “KRS 416.660(1). Fair market value is defined as “the amount in cash that a willing buyer would pay to a willing seller[.”
Show all 13 citing cases →
— Ky. Rev. Stat. § 416.660(1) — 5 cases
Big Rivers Elec. Corp. v. Barnes, 147 S.W.3d 753 (Ky. Ct. App. 2004). “KRS 416.660(1) sets the standard for damages in condemnation cases as “the difference between the fair market value of the entire tract .”
Commonwealth of Kentucky Transp. Cabinet, Dep't of Highways v. Harold T. Wilkerson (Ky. Ct. App. 2023). “2 KRS 416.660 (1) states, in pertinent part, that “all actions for the condemnation of lands under the provisions of KRS 416.”
Florence Owner 1, LLC v. Duke Energy, Inc. (Ky. Ct. App. 2022). “See KRS 416.660(1): -14- during negotiations were conclusive of bad faith or that Florence Owners’ counteroffer was reasonable.”
Commonwealth of Kentucky, Transp. Cabinet, Dep't of Highways v. Leah Atkinson (Ky. Ct. App. 2023). “KRS 416.660(1). Fair market value is defined as “the amount in cash that a willing buyer would pay to a willing seller[.”
James P. Bowling v. Commonwealth of Kentucky, Transp. Cabinet, Dep't of Highways (Ky. Ct. App. 2025). “The circuit court determined the compensation factors listed in KRS 416.660 apply only when an agreement with the landowner is not reached, and KYTC files an action for condemnation.”
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.