Eminent Domain Act
Kentucky · Eminent Domain · §§ 416.010 to 416.990 · 68 sections
Overview
The Eminent Domain Act governs the compulsory acquisition of private property for public use, identifying which parties may exercise the power of condemnation and the purposes for which they may do so. It extends that authority to public bodies acting for road and public improvement projects and to a range of utilities and other undertakings — railroads, dam and electric companies, gas and pipeline operators, telephone and water providers, cemetery associations, and, in narrow circumstances, private owners seeking a water supply or access to a public road. Alongside those grants, it prescribes how a condemnation action is instituted, conditions certain takings on governmental approval, and sets limits on the power, including property that cannot be condemned at all and restrictions on the rights a condemnor obtains.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 156 court decisions.
Most-cited authority: 617 S.W.2d 36 - Ratliff v. Fiscal Court of Caldwell Cty., Ky.
Sections covered
- KRS 416.010Institution of condemnation action by railroad15 cites
- KRS 416.015Repealed, 1976
- KRS 416.020Repealed, 1976
- KRS 416.030Repealed, 1976
- KRS 416.040Repealed, 1976
- KRS 416.050Repealed, 1976
- KRS 416.060Repealed, 1976
- KRS 416.070Repealed, 1976
- KRS 416.080Repealed, 1976
- KRS 416.090Railroad right-of-way cannot be condemned1 cite
- KRS 416.100Condemnation by county judge/executive for road purposes2 cites
- KRS 416.110Condemnation by fiscal court for road purposes6 cites
- KRS 416.115Repealed, 1976
- KRS 416.120Repealed, 1980
- KRS 416.130Dam and electric companies may make surveys and condemn property
- KRS 416.140Companies transmitting or selling electricity, gas, or gasoline may acquire rights for lines and appliances along roads and streams2 cites
- KRS 416.150Condemnation by telephone companies2 cites
- KRS 416.160Repealed, 1976
- KRS 416.170Repealed, 1976
- KRS 416.180Repealed, 1976
- KRS 416.190Repealed, 1976
- KRS 416.200Repealed, 1976
- KRS 416.210Right of burial association or corporation to condemn land for cemetery -- Governmental approval needed -- Procedure1 cite
- KRS 416.220Owner of real estate providing public sleeping accommodations and meals -- Condemnation for water supply -- Furnishing of water to owner of property condemned
- KRS 416.230Condemnation for oil or gas pipelines and related facilities -- Petition9 cites
- KRS 416.240Repealed, 1976
- KRS 416.250Repealed, 1976
- KRS 416.260Repealed, 1976
- KRS 416.270Repealed, 1976
- KRS 416.280Repealed, 1976
- KRS 416.290Repealed, 1976
- KRS 416.300Repealed, 1976
- KRS 416.310Repealed, 1976
- KRS 416.320Repealed, 1976
- KRS 416.330Limitation on right of ingress and egress for pipeline
- KRS 416.340Water associations may condemn property
- KRS 416.350Right of condemnation by owner to gain ingress or egress to public road1 cite
- KRS 416.360Acquisition of real property necessary to locate or relocate public utility facilities by public agency with power of eminent domain for public improvement projects
- KRS 416.410Repealed, 1976
- KRS 416.420Repealed, 1976
- KRS 416.430Repealed, 1976
- KRS 416.440Repealed, 1976
- KRS 416.450Repealed, 1976
- KRS 416.460Repealed, 1976
- KRS 416.470Repealed, 1976
- KRS 416.480Repealed, 1976
- KRS 416.490Repealed, 1976
- KRS 416.500Repealed, 1976
- KRS 416.510Repealed, 1976
- KRS 416.520Repealed, 1976
- KRS 416.530Repealed, 1976
- KRS 416.540Definitions for KRS 416.540 to 416.67015 cites
- KRS 416.550Right to condemn11 cites
- KRS 416.560Initiation of condemnation proceedings -- Costs -- Right of entry -- Damages5 cites
- KRS 416.570Filing of petition10 cites
- KRS 416.580Commissioners -- Appointment -- Report -- Compensation -- Vacancy -- Majority required -- Eminent domain proceedings7 cites
- KRS 416.590Issuing summons2 cites
- KRS 416.600Filing answer6 cites
- KRS 416.610Trial by court on pleadings -- Interlocutory judgment16 cites
- KRS 416.620Trial of exceptions to interlocutory judgment -- Questions as to compensation to be tried by jury -- Appeals19 cites
- KRS 416.630Money paid into court1 cite
- KRS 416.640Conflicting claimants to condemned land1 cite
- KRS 416.650Proceedings governed by Rules of Civil Procedure2 cites
- KRS 416.660Standards for determining compensation -- Changes in value -- Taking date6 cites
- KRS 416.670Limitations on condemnation powers -- Rights of current landowner14 cites
- KRS 416.675Public use required -- No condemnation for indirect benefit -- Exemption1 cite
- KRS 416.680Short title1 cite
- KRS 416.990Penalties
Enacted in other states
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