Kentucky Revised Statutes

Ky. Rev. Stat. § 97.540 (2026)

Condemnation of property by city for parks or cemeteries

✓ current as of May 2026

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Whenever, in the opinion of the legislative body of any city, land or other property located either within or without the boundaries of the city and within the county in which the city is located is needed for cemetery or park purposes and the legislative body is not able to contract with the owner of the property for its purchase, the legislative body may, by resolution reciting such need, order the condemnation of such property. The proceedings shall be conducted in the manner provided in the Eminent Domain Act of Kentucky. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 180, effective January 1, 2015. -- Amended 1988 Ky. Acts ch. 343, sec. 1, effective July 15, 1988. -- Amended 1976 Ky. Acts ch. 140, sec. 50. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 3240a-1, 3240a-2.

Notes of Decisions

Cited in 1 case, 1965–1965 · leading case: Embry v. City of Caneyville, 397 S.W.2d 141 (Ky. Ct. App. 1965).

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Embry v. City of Caneyville, 397 S.W.2d 141 (Ky. Ct. App. 1965). “257 and KRS 97.540 expressly give this power only to first-and third-class cities, a specific grant of like power to sixth-class cities was withheld by the Legislature.”

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