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KRS 416.110

Condemnation by fiscal court for road purposes

Known as the Eminent Domain Act

The act spans §§ 416–416 (68 sections).

Applied in 6 court decisions — leading case Commonwealth, Department of Highways v. Sherrod (1963)

Most recently applied in Commonwealth, Department of Highways v. Boyer (November 1968)

Effective: January 2, 1978 History: Amended 1976 (1st Extra

How often courts cite this section

194419501960196810
citing decisions per year

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.

(1) When any fiscal court desires to condemn land under the authority of KRS 178.120, it shall adopt a resolution ordering the condemnation of the required land. The resolution shall set forth the facts contemplated by KRS 178.120, give a general description of the land, and the name of the owner if known, and shall direct the county attorney to institute the proceedings.

(2) The county attorney shall file the petition for condemnation in the Circuit Court in the name of the county, and shall attach to the petition as an exhibit a certified copy of the resolution of the fiscal court. The resolution shall be prima facie evidence of the public use and necessity for the condemnation. Thereafter the proceedings shall be as provided in the Eminent Domain Act of Kentucky.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.