Kentucky Revised Statutes

Ky. Rev. Stat. § 74.090 (2026)

Condemnation

✓ current as of May 2026

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If it becomes necessary to acquire a right of way or land, and it cannot be acquired by purchase, the commission may condemn the needed property in the manner provided in the Eminent Domain Act of Kentucky. The owners of land sought to be condemned shall be made parties to the proceeding. Any damage awarded shall be paid by the commission out of the first funds available. History: Amended 1976 Ky. Acts ch. 140, sec. 24. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 938g-7.

Notes of Decisions

Cited in 2 cases, 1960–2001 · leading case: City of Cold Spring v. Campbell Cnty. Water Dist., 334 S.W.2d 269 (Ky. Ct. App. 1960).

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City of Cold Spring v. Campbell Cnty. Water Dist., 334 S.W.2d 269 (Ky. Ct. App. 1960). · cites it 2× “KRS 74.090 gives the power of condemnation.”

Kipling v. City of White Plains, 80 S.W.3d 776 (Ky. Ct. App. 2001). “First, the trial court found that the City had the power to condemn the Kip-lings’ property pursuant to KRS 74.090 and KRS 76.110. The trial court also found that the City had complied with the condemnation procedures set forth in KRS 416.”

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