Any burial association or corporation may, with the approval of the appropriate city, county, urban-county, consolidated local government, or charter county legislative body, condemn land by first recording, in the county clerk's office of the county where the land lies, a resolution that it needs the land to furnish a burial site for the public. It may condemn a sufficient roadway to have access to the land, not wider than one hundred (100) feet. It may also condemn enough land, not exceeding five (5) acres, adjacent to any land used for a cemetery for a chapel site. If the building of any state highway requires a change in the entrance to any cemetery, the burial association or corporation may condemn any adjacent land, not wider than one hundred (100) feet for the new entrance. The condemnation procedure shall be in the Circuit Court of the county pursuant to the Eminent Domain Act of Kentucky. This section shall not permit condemnation of more than forty (40) acres at any one time.
KRS 416.210
Right of burial association or corporation to condemn land for cemetery -- Governmental approval needed -- Procedure
Known as the Eminent Domain Act
The act spans §§ 416–416 (68 sections).
Applied in 1 court decision — leading case Mother of God Cemetery Ass'n v. Commonwealth, Transportation Cabinet, Department of Highways (1988)
Most recently applied in Mother of God Cemetery Ass'n v. Commonwealth, Transportation Cabinet, Department of Highways (August 1988)
Effective: July 12, 2006 History: Amended 2006 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.