KRS 416.610: Trial by court on pleadings -- Interlocutory judgment.

(1) After the owner has been summoned twenty (20) days, the court shall examine the

report of the commissioners to determine whether it conforms to the provisions of

KRS 416.580. If the report of the commissioners is not in the proper form, the court

shall require the commissioners to make such corrections as are necessary.

(2) If no answer or other pleading is filed by the owner or owners putting in issue the

right of the petitioner to condemn the property or the use and occupation of the

property sought to be condemned, the court shall enter an interlocutory judgment

which shall contain, in substance:

(a) A finding that the petitioner has the right, under the provisions of KRS

416.540 to 416.670 and other applicable law to condemn the property or the

use and occupation of the property;

(b) A finding that the report of the commissioners conforms to the provisions of

KRS 416.580;

(c) An authorization to take possession of the property for the purposes and under

the conditions and limitations, if any, set forth in the petition upon payment to

the owner or to the clerk of the court the amount of the compensation awarded

by the commissioners;

(d) Proper provision for the conveyance of the title to the land and material, to the

extent condemned, as adjudged therein in the event no exception is taken as

provided in KRS 416.620(1); and

(e) In cases where only a portion of the property has been condemned, a

requirement that the condemnor take appropriate measures to ensure

reasonable, direct access to the property for the duration of the on -site work

for the project.

(3) Any exception from the interlocutory judgment by either party or both parties shall

be confined solely to exceptions to the amount of compensation awarded by the

commissioners.

(4) If the owner has filed a n answer or pleading putting in issue the right of the

petitioner to condemn the property or use and occupation thereof sought to be

condemned, the court shall, without intervention of a jury, proceed immediately to

hear and determine whether the petitioner has that right. If the court determines that

petitioner has condemnation rights, an interlocutory judgment, as provided for in

subsection (2) of this section, shall be entered. If the court determines that petitioner

does not have that right, it shall en ter a final judgment which shall contain, in

substance:

(a) A finding that the report of the commissioners conforms to KRS 416.580;

(b) A finding that the petitioner is not authorized to condemn the property or the

use and occupation of the property for the purposes and under the conditions

and limitations set forth in the petition, stating the particular ground or

grounds on which the petitioner is not so authorized; and

(c) An order dismissing the petition and directing the petitioner to pay all costs.