{"data":{"id":"us-ky/krs-76.110","jurisdiction":"us-ky","citation":"KRS 76.110","heading":"Power to acquire land -- Procedure in cases requiring condemnation.","body":"(1) The district shall have the power to acquire by purchase, gift or eminent domain\nproceedings, the fee or such right, title, interest or easement, in such lands as may\nbe deemed by the district necessary for any of the purposes mentioned in KRS\n76.010 to 76.295, whether within or without the district area or within or without a\nconstruction subdistrict and any personal property necessary for the purpose of the\ndistrict. Such lands or interest therein, or personal property may be so acquired\nwhether or not th e same are owned or held for public use by corporations,\nassociations, or other persons having the power of eminent domain, or otherwise\nheld or used for public purposes. Nothing in this chapter shall be construed to\nconfer upon or recognize in the distric t any power to acquire by agreement,\npurchase or gift, or by eminent domain proceedings, any fee, right, title, interest or\neasement in property under the jurisdiction of the department of highways or\nincluded within the boundaries of any sanitation distri ct organized under KRS\nChapter 220, except necessary rights of way for trunk sewers through such\nsanitation districts. Forthwith upon the acquisition of any such fee, right, title,\ninterest or easement, or personal property, the same shall become dedicated  to the\nuses and purposes of the district.\n(2) The method of condemnation of such property shall be pursuant to the Eminent\nDomain Act of Kentucky.\n(3) When a district has filed a proceeding to condemn land or any interest therein or\npersonal property, p ursuant to the provisions of the Eminent Domain Act of\nKentucky, and the board of such district shall determine that the necessity for\nprocuring possession of the property is urgent, it may pass a resolution, at the time\nthat said condemnation is authorize d or at any time thereafter for a declaration of\ntaking, declaring that said lands are to be taken for the use of a metropolitan sewer\ndistrict. Said declaration of taking shall contain, or have annexed thereto, the\nfollowing:\n(a) A statement of the autho rity under which and, the public use for which, said\nlands are taken;\n(b) A description of the lands taken sufficient for identification thereof;\n(c) A statement of the estate or interest in said lands taken for said public use;\n(d) A plat showing the lands taken.\n(4) At any time after the report of the commissioners has been made, the district may\nfile said declaration of taking and make a deposit with the clerk of the court of the\nsum of money stated in the award of the commissioners appointed. Title to said\nlands in fee simple or such lesser estate as is specified in said declaration or to said\npersonal property shall then vest in such metropolitan sewer district, and the right to\njust compensation for said land or interest therein or personal propert y shall vest in\nthe persons entitled thereto. Said compensation shall be ascertained and awarded in\nsaid proceeding as otherwise provided in the Eminent Domain Act of Kentucky.","path":["KRS Chapter 76"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24485","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:35Z","sha256":"fc3041fe2ff3c5ce6c7d2b3982d3c9e3ddd432900edc1192b85d3eb31c1c6141","source_id":"us-ky","stale":false,"prev":"us-ky/krs-76.100","next":"us-ky/krs-76.120"},"notice":"GroundRules: Original legal text. Not legal advice."}
