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KRS 416.350

Right of condemnation by owner to gain ingress or egress to public road

Known as the Eminent Domain Act

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

Applied in 1 court decision — leading case Carroll v. Meredith (2001)

Most recently applied in Carroll v. Meredith (October 2001)

Effective: July 15, 1980 History: Created 1980 Ky

(1) The owner of any tract or parcel of land on which his residence is located, who has no means of ingress or egress to any public road or highway, may acquire by condemnation pursuant to the Eminent Domain Act of Kentucky a convenient right- of-way in order to attend courts and elections and discharge other duties required of him by law; such right-of-way shall not exceed in width thirty (30) feet over the lands intervening and lying between such tract or parcel of land and the public road nearest or most convenient thereto.

(2) The right of condemnation conferred in subsection (1) of this section shall not exist in any of the following situations:

(a) Where the current owner or any of his predecessors in title purchased a tract or parcel of land having no means of ingress or egress to a public road or highway;

(b) Where the current owner or any of his predecessors in title sold a part of a tract or parcel of land, leaving the part retained without any means of ingress or egress to a public road or highway; or (c) Where the current owner or any of his predecessors in title has had a part of his land taken by condemnation, the part not taken has no means of ingress or egress to a public road or highway, and the current owner or any of his predecessors in title has been compensated, by reason of the condemnation, for such loss of ingress or egress to a public road or highway.

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