KRS 177.081: Authority of Department of Highways to condemn land and materials --

Title to property -- Conclusiveness of official order -- Duty of department to

clear and maintain property.

(1) The Commonwealth of Kentucky, Department of Highways, when it has, by official

order, designated the route, location, or relocation of a highway, limited access

highway, bridge, roadside park, borrow -pit, quarry, garage, or other property or

structure deemed necessary for the construction, reconstruction, or maintenance of

an adequate system of highways, may, if unable to contract or agree with the owner

or owners thereof, condemn the lands or material, or the use and occupancy of the

lands designated as necessary. All property acquired by the Commonwealth of

Kentucky, Department of Highways, shall be in fee simple whenever so specified in

the petition filed in the action. The official order of the Department of Highways

shall be conclusive of the public use of the condemned property and the

condemnor's decision as to the nece ssity for taking the property will not be

disturbed in the absence of fraud, bad faith, or abuse of discretion.

(2) Any property purchased or otherwise acquired by the Department of Highways for

the purpose of construction or reconstruction of a road, stre et, or highway shall be

cleared and maintained by the Department of Highways from the time of acquisition

until such property is no longer owned by the department.

(3) The proceedings for condemnation shall be as provided in the Eminent Domain Act

of Kentucky.