{"data":{"id":"us-ky/krs-381.636","jurisdiction":"us-ky","citation":"KRS 381.636","heading":"Findings required by commissioners in condemnation of underground","body":"passageway -- Basis of compensation -- Immediate possession.\nAll of the provisions of the Eminent Domain Act of Kentucky  shall be applicable for the\npurposes of KRS 381.635 and this section, except as follows:\n(1) The commissioners shall be required to find, in addition to their other findings, that\naccess over the surface of the land would be impracticable, and that the use or\nmaking and use of the shafts, slopes, passageways or entri es would not cause undue\nor unreasonable inconvenience to the owner thereof.\n(2) Compensation shall be determined in accordance with what will constitute just\ncompensation to the owner of the shafts, slopes, passageways or entries for the use\nthereof, and not on the basis of an actual taking of the land. Where the right to make\na shaft, slope, passageway or entry is condemned, the condemnor shall be required\nto pay compensation for the value of any merchantable coal or other mineral that\nmay be removed from the land in making the shaft, slope, passageway or entry, and\nfor any incidental damages arising therefrom.\n(3) At the time of examining the report of the commissioners, the court shall enter an\norder granting the applicant the immediate use of the righ t of access sought to be\ncondemned, notwithstanding the filing of exceptions by the owners, if:\n(a) The report of the commissioners favors condemnation; and\n(b) The person seeking condemnation has paid into court the amount of\ncompensation fixed by the commissioners, and has filed with the court a bond,\nwith sureties approved by the court, conditioned upon his paying to the owner\nor owners the difference between the sum paid into court and that which may\nthereafter be finally determined, in the proceeding , to be the value of the right\nof access, and further conditioned that, if it is finally determined in the\nproceeding that the person is not entitled to condemn the right of access, he\nwill pay to the owner or owners damages for his use pending such final\ndetermination.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35472","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:10Z","sha256":"82abf8e44f4b382d47bc786a36a89511aebe5722e68d2d3bab1a44279c960251","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.635","next":"us-ky/krs-381.640"},"notice":"GroundRules: Original legal text. Not legal advice."}