{"data":{"id":"us-ky/krs-350.280","jurisdiction":"us-ky","citation":"KRS 350.280","heading":"Easements of necessity to abate certain dangerous violations and for","body":"appraisal purposes when access to property denied -- When effective --\nAppraisal and calculation of damages -- Independent appraisal by property\nowner or legal occupant -- Payment of damages -- Payment of entry fee for\nappraisal purposes.\n(1) (a) As used in this section, \"he or she\" includes \"person\" as defined in KRS\n350.010.\n(b) If a permittee or operator has been issued a notice or order directing\nabatement of a violation on the basis of an imminent danger to health and\nsafety of the public or significant imminent environmental harm, and the\nnotice or order requires access to property for which the permittee or operator\ndoes not have the legal right of entry necessary in order to abate that violation,\nand the owner or legal occupant of that property has refused access, an\neasement of necessity is recognized on behalf of the permittee or operator for\nthe limited purpose of abating that violation. The easement of necessity\nbecomes effective, and the permittee or operator is authorized to enter the\nproperty to undertake immediate action to abate the violation if he or she\nconcurrently:\n1. Provides to the property owner or legal occupant a copy of the cabinet's\norder and a plan of action reasonably calculated to result in abatement of\nthe violation, repair of the damage, and restoration of the property, and\nprovides proof of liability insurance and workers' compensation\ninsurance covering any accidents or injuries occurring on the  property\nduring the remedial work;\n2. Provides to the property owner or legal occupant and cabinet an\naffidavit that he or she has been denied access to the property; and\n3. Provides to the property owner or legal occupant a statement that he or\nshe, the permittee or operator, will diligently pursue abatement of the\nviolation, and will obtain an appraisal completed by a real property\nappraiser certified under KRS Chapter 324A of the damages to the\nproperty, including loss of use, that have resulted from the violation, that\nthe appraisal will be completed and provided to the property owner or\nlegal occupant within three (3) days of abatement of the violation by the\noperator or permittee, and that he or she will pay the property owner or\nlegal occupant the am ount of the damages in the permittee or operator's\nappraisal at that time.\n(c) Following the effective date of the easement of necessity, the following\nprocedure shall be followed with respect to the appraisal of the damages:\n1. The permittee or operator s hall have a certified appraiser on the site and\nhave his or her appraisal completed and submitted to the property owner\nor legal occupant within three (3) days of abatement of the violation by\nthe operator or permittee;\n2. The property owner or legal occupant shall accept or reject this appraisal\nin writing within seven (7) days of receipt of the completed appraisal;\n3. If the property owner or legal occupant rejects this appraisal, he or she\nmay hire a real property appraiser certified under KRS Chapter 324A to\nappraise the damages, including loss of use, that have resulted from the\nviolation, and this such appraisal shall be completed and provided to the\npermittee or operator within thirty (30) days of receipt of the permittee's\nor operator's completed appraisal. Upon receipt of the invoice the\npermittee or operator shall pay for the property owner or legal\noccupant's appraisal up to the amount he or she paid for his or her own\nappraisal; and\n4. If the property owner or legal occupant accepts the permittee's or\noperator's appraisal, the permittee or operator shall promptly pay the\nproperty owner or legal occupant the amou nt of the damages reflected\ntherein.\n(d) If the property owner or legal occupant has an appraisal done, and if, based on\nhis or her appraisal and the permittee's or operator's appraisal, an agreement is\nnot reached on the appraised damages, the permittee o r operator shall pay the\nproperty owner or legal occupant the amount of the permittee's or operator's\nappraisal damages, and if the property owner or legal occupant's appraisal\ndamages are for more than the permittee's or operator's, the permittee or\noperator shall pay the difference to the circuit clerk, in the county in which the\nmajority of the property lies, to be placed in an interest -bearing account in a\nbank until final resolution of the matter by agreement or court or jury\njudgment. If the property owner or legal occupant is granted award of some or\nall of the difference, he or she shall also receive the interest on that portion of\nthe difference.\n(e) If the property owner or legal occupant does not accept or reject the\npermittee's or operator's appr aisal and offer of funds for damages within the\ntime specified in paragraph (c)2. of this subsection, the appraisal and offer\nshall be deemed accepted.\n(f) The appraiser shall calculate the damages to the property, including loss of\nuse, that have resulted  from the violation which the owner or the legal\noccupant shall be entitled to under this subsection as the difference between\nthe fair market value of the property before the violation and after the\nabatement of the violation, plus the reasonable rental v alue of the property\nduring the period of time between the effective date of the easement of\nnecessity and the date of the abatement of the violation.\n(2) If a permittee or operator has been issued a notice or order directing abatement of a\nviolation other than one described in subsection (1) of this section, and the notice or\norder requires access to property for which the permittee or operator does not have\nthe legal right of entry necessary in order to abate that violation, and the owner or\nlegal occupan t of that property has refused access, an easement of necessity is\nrecognized on behalf of the permittee or operator, for the limited purpose of\nallowing a real property appraiser certified under KRS Chapter 324A, chosen by the\npermittee or operator, to en ter upon the property to which the owner or legal\noccupant has refused access in order for the appraiser to appraise the damages,\nincluding loss of use, that likely will result from the violation.\n(3) (a) The easement for the limited purpose of allowing th e appraisal under\nsubsection (2) of this section shall be recognized and take effect when the\noperator or permittee:\n1. Provides to the property owner or legal occupant a copy of the cabinet's\norder;\n2. Provides to the property owner or legal occupant and cabinet a plan of\nremedial measures to abate the violation;\n3. Provides to the property owner or legal occupant and cabinet an\naffidavit that he or she has been denied access to the property; and\n4. Provides to the property owner or legal occupant a statem ent that he or\nshe, the permittee or operator, will within seven (7) days of entry of the\nappraiser obtain an appraisal of the damages to the property including\nloss of use, that likely will result from the violation, and that upon\ncompletion of the apprai sal he or she will provide the appraisal to the\nproperty owner or legal occupant and pay the property owner or legal\noccupant an entry fee. The entry fee shall be calculated as one -half (1/2)\nof the amount of the appraisal or the sum of five hundred dollar s ($500),\nwhichever is greater, for the privilege to enter the property and conduct\nthe appraisal.\n(b) Upon payment of the entry fee by the permittee or operator, an easement of\nnecessity shall be recognized on behalf of the permittee or operator for the\nlimited purposes of abating the violation and the operator or permittee shall be\nauthorized to enter the property to undertake immediate action to abate the\nviolation, provided that the landowner has been provided a plan of action\nreasonably calculated to r esult in abatement of the violation, repair of the\ndamage, and restoration of the property, and the permittee or operator\nprovides proof of liability insurance and workers' compensation insurance\ncovering any accidents or injuries occurring on the property  during the\nremedial work.\n(c) Following the effective date of the easement of necessity to abate the\nviolation, the procedures set forth in subsection (1)(c) to (f) of this section\nshall apply. The entry fee shall be deducted from any subsequent payment\ndeemed due the property owner or legal occupant as a result of the post -\nabatement appraisal or appraisals. If the entry fee exceeds the amount of all\nappraisals, the property owner or legal occupant shall be entitled to retain the\nentry fee in its entirety.\n(4) Nothing contained in this section shall affect any person's right to bring a civil\naction for damages, including punitive and compensatory damages, or other\nappropriate relief.","path":["KRS Chapter 350"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58049","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:36Z","sha256":"f2a39f8ab7f68aa396d00a797adaf776d37b07d76db9deb4d724758ec8706a80","source_id":"us-ky","stale":false,"prev":"us-ky/krs-350.275","next":"us-ky/krs-350.285"},"notice":"GroundRules: Original legal text. Not legal advice."}