The Commonwealth of Kentucky, Department of Highways, when seeking to condemn lands and material and the use and occupancy of lands, under the provisions of KRS 177.081, shall direct the county attorney or any attorney authorized to represent the Commonwealth to file a petition in the office of the Circuit Court clerk in the county in which all or the greater portion of the land or material is located. If any authorized attorney, other than the county attorney, is directed to file the petition, the county attorney shall assist in the prosecution of the action. The petition shall be filed in the name of the Commonwealth of Kentucky, Department of Highways, and may join as plaintiff the county in which any part of the property is situated, or in which the petition is filed, or any municipality thereof.
KRS 177.082
County attorney to represent Department of Highways in condemnation proceedings -- Petition
Applied in 4 court decisions — leading case State Ex Rel. State Highway Commission v. Swink (1976)
Most recently applied in Commonwealth, Department of Transportation v. Catlett (June 1978)
Effective: January 2, 1978 History: Amended 1976 (1st Extra
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.