KRS 416.660: Standards for determining compensation -- Changes in value -- Taking

date.

(1) In all actions for the condemnation of lands under the provisions of KRS 416.540 to

416.670, except temporary easements, there shall be awarded to the landowners as

compensation a sum that will fairly represent the difference between the fair market

value of the entire tract, including improvements existing at the time of the filing of

the action, all or a portion of which is sought to be condemned, immediately before

the taking and the fair market value of the remainder immediately after the taking,

including in the remainder all rights which the landowner may retain in the lands

sought to be condemned where less than the fee simple interest is taken, together

with the fair rental value of any temporary easements sought to be condemned.

(2) Any change in the fair market value prior to the date of condemnation which the

condemnor or condemnee establishes was substantially due to the general

knowledge of the imminence of c ondemnation or the construction of the project

shall be disregarded in determining fair market value. The taking date for valuation

purposes shall be either the date the condemnor takes the land, or the date of the

trial of the issue of just compensation, whichever occurs first.

(3) The value of agricultural infrastructure improvements, including but not limited to

drainage tile, water systems, livestock fencing, and permanent on -farm structures,

shall be considered in determining the fair market value of p roperty actively used

for farm or agricultural purposes.