{"data":{"id":"us-ky/krs-416.610","jurisdiction":"us-ky","citation":"KRS 416.610","heading":"Trial by court on pleadings -- Interlocutory judgment.","body":"(1) After the owner has been summoned twenty (20) days, the court shall examine the\nreport of the commissioners to determine whether it conforms to the provisions of\nKRS 416.580. If the report of the commissioners is not in the proper form, the court\nshall require the commissioners to make such corrections as are necessary.\n(2) If no answer or other pleading is filed by the owner or owners putting in issue the\nright of the petitioner to condemn the property or the use and occupation of the\nproperty sought to be  condemned, the court shall enter an interlocutory judgment\nwhich shall contain, in substance:\n(a) A finding that the petitioner has the right, under the provisions of KRS\n416.540 to 416.670 and other applicable law to condemn the property or the\nuse and occupation of the property;\n(b) A finding that the report of the commissioners conforms to the provisions of\nKRS 416.580;\n(c) An authorization to take possession of the property for the purposes and under\nthe conditions and limitations, if any, set forth in the petition upon payment to\nthe owner or to the clerk of the court the amount of the compensation awarded\nby the commissioners;\n(d) Proper provision for the conveyance of the title to the land and material, to the\nextent condemned, as adjudged therein in  the event no exception is taken as\nprovided in KRS 416.620(1); and\n(e) In cases where only a portion of the property has been condemned, a\nrequirement that the condemnor take appropriate measures to ensure\nreasonable, direct access to the property for the  duration of the on -site work\nfor the project.\n(3) Any exception from the interlocutory judgment by either party or both parties shall\nbe confined solely to exceptions to the amount of compensation awarded by the\ncommissioners.\n(4) If the owner has filed a n answer or pleading putting in issue the right of the\npetitioner to condemn the property or use and occupation thereof sought to be\ncondemned, the court shall, without intervention of a jury, proceed immediately to\nhear and determine whether the petitioner has that right. If the court determines that\npetitioner has condemnation rights, an interlocutory judgment, as provided for in\nsubsection (2) of this section, shall be entered. If the court determines that petitioner\ndoes not have that right, it shall en ter a final judgment which shall contain, in\nsubstance:\n(a) A finding that the report of the commissioners conforms to KRS 416.580;\n(b) A finding that the petitioner is not authorized to condemn the property or the\nuse and occupation of the property for the purposes and under the conditions\nand limitations set forth in the petition, stating the particular ground or\ngrounds on which the petitioner is not so authorized; and\n(c) An order dismissing the petition and directing the petitioner to pay all costs.","path":["KRS Chapter 416"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56850","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:37Z","sha256":"0ffaa7af654d2fdf0bf16840f2000bcc7597657bf0dab89e039235507f8e8d04","source_id":"us-ky","stale":false,"prev":"us-ky/krs-416.600","next":"us-ky/krs-416.620"},"notice":"GroundRules: Original legal text. Not legal advice."}