KRS 96.600: Procedure for condemnation -- Report of commissions -- Jury award --

Procedure when condemnor not a utility.

(1) When the board of any municipality authorized to acquire, construct, own or operate

an electric plant under the provisions of KRS 96.550 to 96.900 shall be unable to

contract with the owner of any land, easement, right of way, electric plant, or any

facilities or property needed by such board for its use for the purposes thereof and

desires to exercise the right of eminent domain, the board s hall proceed to condemn

the property pursuant to the Eminent Domain Act of Kentucky except that, in lieu of

determining the award to the owners in the manner prescribed in KRS 416.580(1)

the commissioners shall ascertain and determine the value of the prop erty taken; the

value of real estate, tangible personal property, intangible property and franchises, if

any such value is found to exist, shall be determined and stated separately in their

report; and they shall also award damages, if any, resulting to th e remainder of the

electric plant or system of the owner, considering the purposes for which the

property is taken, and the amount of said damages, if any, shall be stated separately

in their report. The jury award shall be made in this manner rather than in the

manner prescribed in KRS 416.660(1).

(2) Notwithstanding the provisions of subsection (1) of this section, when the owner of

any land, easement, right of way or facility to be acquired by exercise of the right of

eminent domain is not a utility, th e award to the owners thereof shall be determined

pursuant to the Eminent Domain Act of Kentucky.