{"data":{"id":"us-ky/krs-416.560","jurisdiction":"us-ky","citation":"KRS 416.560","heading":"Initiation of condemnation proceedings -- Costs -- Right of entry -- Notice","body":"to property owner -- Damages.\n(1) Notwithstanding any other provision of law, a department, instrumentality or\nagency of a consolidated local government, city, county, or  urban-county\ngovernment, other than a waterworks corporation the capital stock of which is\nwholly owned by a city of the first class or a consolidated local government, having\na right of eminent domain under other statutes shall exercise such right only b y\nrequesting the governing body of the consolidated local government, city, county,\nor urban-county government to institute condemnation proceedings on its behalf. If\nthe governing body of the consolidated local government, city, county, or urban -\ncounty government agrees, it shall institute condemnation proceedings under KRS\n416.570, and all costs involved in the condemnation shall be borne by the\ndepartment, instrumentality, or agency requesting the condemnation.\n(2) If any department, instrumentality, or agency of a consolidated local government,\ncity, county, or urban -county government, other than a waterworks corporation the\ncapital stock of which is wholly owned by a city of the first class or a consolidated\nlocal government, operates in more than one ( 1) governmental unit, it shall request\nthe governing body of the consolidated local government, city, county, or urban -\ncounty government wherein the largest part of the individual tract of the property\nsought to be condemned lies, to institute condemnation proceedings on its behalf.\n(3) A department, instrumentality, or agency of the Commonwealth of Kentucky, other\nthan the Transportation Cabinet and local boards of education, having a right of\neminent domain under other statutes shall exercise that right o nly by requesting the\nFinance and Administration Cabinet to institute condemnation proceedings on its\nbehalf. If the Finance and Administration Cabinet agrees, it shall institute such\nproceedings under KRS 416.570, and all costs involved in the condemnatio n shall\nbe borne by the department, instrumentality, or agency requesting the\ncondemnation.\n(4) (a) Prior to the filing of the petition to condemn, the condemnor or its employees\nor agents shall have the right to enter upon any land or improvement which it\nhas the power to condemn, in order to make studies, surveys, tests, sounding,\nand appraisals, provided that the owner of the land or the party in whose name\nthe property is assessed has been notified in accordance with paragraph (b) of\nthis subsection no later than ten (10) days prior to entry on the property.\n(b) Notification under paragraph (a) of this subsection shall:\n1. Be delivered to the property owner by:\na. Certified mail, return receipt requested, to the last known address\nof the property owner listed on the real property tax rolls of the\ncounty; or\nb. Hand delivery to the property owner, verified by government -\nissued identification and accompanied by the signature of the\nproperty owner; and\n2. Include the following information:\na. That all or a portion of the property is necessary for a public\nproject;\nb. The nature of the project for which the property is considered\nnecessary and the parcel designation of the property to be\nacquired. If disclosure of specific project details is restricted by a\nlegally binding nondisclosure agreement entered into in\nconnection with an economic development project, the condemnor\nmay describe the project in general terms sufficient to identify the\npublic purpose without disclosing confidential or proprietary\ninformation;\nc. A copy of the provision of law granting the condem nor the power\nof eminent domain;\nd. The estimated timeline for completion of the portion of the project\nfor which the property is to be taken;\ne. That, within fifteen (15) business days after receipt of a request by\nthe property owner, the condemnor will p rovide copies, to the\nextent prepared, of:\ni. Right-of-way maps or other documents that depict the\nproposed taking; and\nii. Nonconfidential construction plans that depict project\nimprovements to be constructed on the property taken and\nimprovements to be c onstructed adjacent to the remaining\nproperty, including but not limited to plan, profile, cross -\nsection, drainage, pavement marking sheets, and driveway\nconnection detail;\nf. That the property owner may obtain an independent appraisal of\nthe property as described in KRS 416.550(2); and\ng. That the property owner has the right to request one (1) public\nmeeting under subsection (6)(a) of this section if a public meeting\nregarding the proposed project, of which the property owner was\nnotified, has not previously been held.\n(c) Surveys and appraisals conducted under paragraph (a) of this subsection shall\nbe:\n1. Conducted using only up-to-date data; and\n2. Provided to the property owner within fifteen (15) days of completion.\n(d) Any actual damages sustained by the owner of a property interest in the\nproperty entered upon by the condemnor shall be paid by the condemnor and\nshall be assessed by the court or the court may refer the matter to\ncommissioners to ascertain and assess the damages sustained by the\ncondemnee, which award shall be subject to appeal.\n(5) The condemnor shall notify the property owner of a material change to the\ninformation disclosed under subsection (4)(b)2. of this section via:\n(a) Certified mail, return receipt requested; or\n(b) Hand delivery, verified by government-issued identification and accompanied\nby the signature of the property owner;\nwithin fifteen (15) days of the condemnor's determination to proceed with the\nmaterial change.\n(6) (a) 1. After receiving notification under subsection (4)(b) or (5) of this section,\nthe property owner may, within thirty (30) days of receipt, request that\nthe condemnor host a public meeting regarding the proposed taking if a\npublic meeting regarding the proposed taking, of which the property\nowner was no tified, has not previously been held. The public meeting\nshall be held in the county where the property needed for the project is\nlocated and at a site secured by the condemnor.\n2. The meeting shall be held within thirty (30) days of the request, and the\ncondemnor shall attend the meeting.\n3. The sole purpose of the meeting shall be to accept comments from the\npublic regarding the proposed project.\n(b) Failure to provide notification under subsection (4)(b) or (5) of this section\nshall result in a dismissal  of the condemnation action pursuant to KRS\n416.610(4).","path":["KRS Chapter 416"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56849","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:37Z","sha256":"e7ced9444821f8a012ff6c51ef96890f6a762ca1373129412178471fb18a6188","source_id":"us-ky","stale":false,"prev":"us-ky/krs-416.550","next":"us-ky/krs-416.570"},"notice":"GroundRules: Original legal text. Not legal advice."}