{"data":{"id":"us-ky/krs-416.620","jurisdiction":"us-ky","citation":"KRS 416.620","heading":"Trial of exceptions to interlocutory judgment -- Questions as to","body":"compensation to be tried by jury -- Appeals.\n(1) Within thirty (30) days from the date of entry of an interlocutory judgment\nauthorizing the petitioner to take possession of the property, exceptions may be filed\nby either party or both parties by filing with the clerk of the Circuit Court and\nserving upon the other party or parties a statement of exceptions, which statement\nshall contain any exceptions the party has to the award made by t he commissioners.\nThe statement of exceptions shall be tried, but shall be limited to the questions\nwhich are raised in the original statements of the exceptions, or as amended, but the\nowner shall not be permitted to raise any question, nor shall the court reconsider any\nquestion so raised, concerning the right of the petitioner to condemn the property.\nAll questions of fact pertaining to the amount of compensation to the owner, or\nowners, shall be determined by a jury, which jury on the motion of either party shall\nbe sent by the court, in the charge of the sheriff, to view the land and material. After\na jury trial, and if possession previously has not been taken by the condemnor of the\nland and material condemned, it may do so upon the payment to the owne r or to the\nclerk of the Circuit Court the amount of the compensation adjudged by the Circuit\nCourt to be due the owner.\n(2) Appeals may be taken to the Court of Appeals from the final judgment of the\nCircuit Court as in other cases except that an appeal b y the owner shall not operate\nas a supersedeas.\n(3) The payment by the condemnor of the amount of compensation awarded and the\ntaking possession of the lands and material condemned shall not prejudice its right\nto except from the award of the commissioners  or the judgment of any court, nor\nshall the acceptance by the owner of the amount of the compensation awarded\nprejudice his right to except from the award of the commissioners or the judgment\nof any court.\n(4) All costs in the Circuit Court shall be adjudged against the condemnor.\n(5) If the condemnor takes possession of the property condemned and the amount of\ncompensation is thereafter increased over that awarded by the commissioners, the\ncondemnor shall pay interest to the owner at the rate of six perce nt (6%) per annum\nupon the amount of such increase from the date the condemnor took possession of\nthe property. If the condemnor takes possession of the property condemned and the\namount of compensation is thereafter decreased below that awarded by the\ncommissioners, the condemnor shall be entitled to a personal judgment against the\nowner for the amount of the decrease plus interest at the rate of six percent (6%) per\nannum from the date the owner accepted the amount of compensation the\ncondemnor paid into court or to the owner. If the owner at all times refuses to\naccept the payment tendered by the condemnor, no interest shall be allowed in the\njudgment against the owner for the amount of the decrease.\n(6) Upon the final determination of exceptions, or upon  expiration of thirty (30) days\nfrom entry of the interlocutory judgment if no exceptions are filed, the Circuit Court\nshall make such orders as may be proper for the conveyance of the title to the extent\ncondemned, to the property, and shall enter such fi nal judgment as may be\nappropriate.","path":["KRS Chapter 416"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17967","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:37Z","sha256":"58182640e02037ecf88c241cc38994a7f55c10f3d1d8f0ef9efb544b8f07d15f","source_id":"us-ky","stale":false,"prev":"us-ky/krs-416.610","next":"us-ky/krs-416.630"},"notice":"GroundRules: Original legal text. Not legal advice."}