KRS 416.550: Right to condemn -- Requirements and restrictions regarding agreement

to acquire property rights prior to condemnation proceedings.

(1) Whenever any condemnor cannot, by agreement with the owner thereof, acquire the

property right, privileges or easements needed for any of the uses or purposes for

which the condemnor is authorized by law, to exercise its right of eminent domain,

the condemnor may condemn such property, property rights, privileges or

easements pursuant to the provisions of KRS 416.540 to 416.670.

(2) In obtaining an agreement under subsection (1) of this section:

(a) The condemnor and its employees or agents shall not make any materially

false statements or engage in intimidating or misleading negotiating tactics;

(b) Any offer for the purchase of property shall be in writing and delivered to the

property owner via:

1. Certified mail, return receipt requested; or

2. Hand delivery, verified by government -issued identification and

accompanied by the signature of the property owner; and

(c) 1. a. The property owner shall be afforded the opportunity to obtain an

independent appraisal of the property, conducted by an appraiser

certified or licensed under KRS Chapter 324A, within sixty (60)

days of the receipt of the initial offer for purc hase under paragraph

(b) of this subsection.

b. If the property owner refuses to take delivery of the initial offer for

purchase under paragraph (b) of this subsection, the independent

appraisal period shall be reduced to thirty (30) days from the date

of the refusal. The condemnor shall certify the refusal in a sworn

affidavit.

2. The condemnor and property owner may continue to negotiate following

the initial offer for the purchase of property. Subsequent offers

following negotiation between the property owner and the condemnor

shall not be subject to the independent appraisal peri od described in

subparagraph 1. of this paragraph.

3. The condemnor shall:

a. Take into consideration the property value indicated by the

independent appraisal obtained by the property owner under

subparagraph 1. of this paragraph at all stages of negotiat ion for

purchase of the property; and

b. If it conducts its own appraisals on the property, use an appraiser

certified or licensed under KRS Chapter 324A unless the value of

the portion of the property to be condemned is reasonably

estimated by the condemn or to be less than twenty -five thousand

dollars ($25,000), in which case the condemnor may use in -house

appraisal services.

4. The condemnor shall not file a petition for the initiation of a

condemnation action until after the independent appraisal period

described in subparagraph 1. of this paragraph has expired.

A violation of any requirement in this section shall result in a dismissal of the

condemnation action pursuant to KRS 416.610(4). A violation of subsection

(2)(a) of this section shall, in additi on to dismissal of the action, entitle the

property owner to recovery of costs, expenses, and reasonable attorney's fees

in the action.

(3) It is not a prerequisite to an action to attempt to agree with an owner who is

unknown or who, after reasonable effort, cannot be found within the state or with an

owner who is under a disability.