KRS 416.560: Initiation of condemnation proceedings -- Costs -- Right of entry -- Notice

to property owner -- Damages.

(1) Notwithstanding any other provision of law, a department, instrumentality or

agency of a consolidated local government, city, county, or urban-county

government, other than a waterworks corporation the capital stock of which is

wholly owned by a city of the first class or a consolidated local government, having

a right of eminent domain under other statutes shall exercise such right only b y

requesting the governing body of the consolidated local government, city, county,

or urban-county government to institute condemnation proceedings on its behalf. If

the governing body of the consolidated local government, city, county, or urban -

county government agrees, it shall institute condemnation proceedings under KRS

416.570, and all costs involved in the condemnation shall be borne by the

department, instrumentality, or agency requesting the condemnation.

(2) If any department, instrumentality, or agency of a consolidated local government,

city, county, or urban -county government, other than a waterworks corporation the

capital stock of which is wholly owned by a city of the first class or a consolidated

local government, operates in more than one ( 1) governmental unit, it shall request

the governing body of the consolidated local government, city, county, or urban -

county government wherein the largest part of the individual tract of the property

sought to be condemned lies, to institute condemnation proceedings on its behalf.

(3) A department, instrumentality, or agency of the Commonwealth of Kentucky, other

than the Transportation Cabinet and local boards of education, having a right of

eminent domain under other statutes shall exercise that right o nly by requesting the

Finance and Administration Cabinet to institute condemnation proceedings on its

behalf. If the Finance and Administration Cabinet agrees, it shall institute such

proceedings under KRS 416.570, and all costs involved in the condemnatio n shall

be borne by the department, instrumentality, or agency requesting the

condemnation.

(4) (a) Prior to the filing of the petition to condemn, the condemnor or its employees

or agents shall have the right to enter upon any land or improvement which it

has the power to condemn, in order to make studies, surveys, tests, sounding,

and appraisals, provided that the owner of the land or the party in whose name

the property is assessed has been notified in accordance with paragraph (b) of

this subsection no later than ten (10) days prior to entry on the property.

(b) Notification under paragraph (a) of this subsection shall:

1. Be delivered to the property owner by:

a. Certified mail, return receipt requested, to the last known address

of the property owner listed on the real property tax rolls of the

county; or

b. Hand delivery to the property owner, verified by government -

issued identification and accompanied by the signature of the

property owner; and

2. Include the following information:

a. That all or a portion of the property is necessary for a public

project;

b. The nature of the project for which the property is considered

necessary and the parcel designation of the property to be

acquired. If disclosure of specific project details is restricted by a

legally binding nondisclosure agreement entered into in

connection with an economic development project, the condemnor

may describe the project in general terms sufficient to identify the

public purpose without disclosing confidential or proprietary

information;

c. A copy of the provision of law granting the condem nor the power

of eminent domain;

d. The estimated timeline for completion of the portion of the project

for which the property is to be taken;

e. That, within fifteen (15) business days after receipt of a request by

the property owner, the condemnor will p rovide copies, to the

extent prepared, of:

i. Right-of-way maps or other documents that depict the

proposed taking; and

ii. Nonconfidential construction plans that depict project

improvements to be constructed on the property taken and

improvements to be c onstructed adjacent to the remaining

property, including but not limited to plan, profile, cross -

section, drainage, pavement marking sheets, and driveway

connection detail;

f. That the property owner may obtain an independent appraisal of

the property as described in KRS 416.550(2); and

g. That the property owner has the right to request one (1) public

meeting under subsection (6)(a) of this section if a public meeting

regarding the proposed project, of which the property owner was

notified, has not previously been held.

(c) Surveys and appraisals conducted under paragraph (a) of this subsection shall

be:

1. Conducted using only up-to-date data; and

2. Provided to the property owner within fifteen (15) days of completion.

(d) Any actual damages sustained by the owner of a property interest in the

property entered upon by the condemnor shall be paid by the condemnor and

shall be assessed by the court or the court may refer the matter to

commissioners to ascertain and assess the damages sustained by the

condemnee, which award shall be subject to appeal.

(5) The condemnor shall notify the property owner of a material change to the

information disclosed under subsection (4)(b)2. of this section via:

(a) Certified mail, return receipt requested; or

(b) Hand delivery, verified by government-issued identification and accompanied

by the signature of the property owner;

within fifteen (15) days of the condemnor's determination to proceed with the

material change.

(6) (a) 1. After receiving notification under subsection (4)(b) or (5) of this section,

the property owner may, within thirty (30) days of receipt, request that

the condemnor host a public meeting regarding the proposed taking if a

public meeting regarding the proposed taking, of which the property

owner was no tified, has not previously been held. The public meeting

shall be held in the county where the property needed for the project is

located and at a site secured by the condemnor.

2. The meeting shall be held within thirty (30) days of the request, and the

condemnor shall attend the meeting.

3. The sole purpose of the meeting shall be to accept comments from the

public regarding the proposed project.

(b) Failure to provide notification under subsection (4)(b) or (5) of this section

shall result in a dismissal of the condemnation action pursuant to KRS

416.610(4).