KRS 99.800: Hearing -- Conditions for eligibility of conservatorship.

(1) The court shall act upon a petition filed by holding a hearing. A party in interest

may be heard with respect to the petition, the requested relief, or any other matter

which may come before the court in reference to the proceeding. Any party in

interest s hall be permitted to present evidence to support or contest the petition,

including but not limited to the schedule of encumbrances.

(2) The court may appoint a competent entity as conservator if it finds all of the

following apply as of the date of filing the petition:

(a) The building has not been legally occupied for at least the previous twelve

(12) months;

(b) The owner fails to present sufficient evidence that the property was actively

marketed during the preceding sixty (60) day period;

(c) The property is not subject to a pending foreclosure action by an individual or

nongovernmental entity;

(d) The property is not subject to an outstanding mortgage held by a bank or other

creditor with a recorded security interest in the property, unless waived by t he

bank or other creditor;

(e) The owner fails to present sufficient evidence the property was acquired by

the owner within the preceding six (6) months. The evidence shall not include

instances where the prior owner is a member of the immediate family of the

current owner, unless the transfer of title results from the death of the prior

owner; and

(f) The court finds at least three (3) of the conditions meeting the definition of

abandoned and blighted property in KRS 99.785 have been established.