{"data":{"id":"us-ky/krs-99.835","jurisdiction":"us-ky","citation":"KRS 99.835","heading":"Sale of property by private sale, public auction, other means subject to","body":"court order -- Evidence of value of property -- Conditions for sale.\n(1) Upon application of the conservator, the court may order the sale of the property\nfree and clear of all existing liens, claims, and encumbrances subject to the approval\nand supervision of the court by private sale pursuant to a written contract of sale\nbetween the conservator and prospective purchaser, by public auction, or by any\nother method tha t the court determines is fair to the owner of the property and all\nparties in interest, is reasonable under the circumstances, and will maximize the\nreturn from the property to the conservatorship estate.\n(2) Before entering an order authorizing the sale of the property by the conservator, the\ncourt may require that the conservator provide evidence of the value of the property\nby affidavit of three (3) real property appraisers or by any other evidence that the\ncourt determines is appropriate.\n(3) If the conservator has received a specific offer for sale that the conservator desires\nto accept, the conservator shall provide to the court the identity of the buyer and the\nproposed terms of the sale. If the conservator has not received a specific offer for\nsale that the conservator desires to accept, the conservator shall provide to the court\nthe proposed procedures for conduct of the sale.\n(4) Any sale of the property shall be made subject to the approval and supervision of\nthe court only after all of the following occur:\n(a) The court finds the conditions that were the grounds for the petition have been\nabated or corrected by the conservator and the owner has not successfully\npetitioned to terminate the conservatorship as set out in KRS 99.845;\n(b) Notice of the  proposed sale and an opportunity for a hearing at which all\nparties in interest may be heard is given in accordance with the Kentucky\nRules of Civil Procedure, provided that if no party objects to the proposed sale\nor requests a hearing within thirty (30)  days, the court may proceed without a\nhearing; and\n(c) The court issues an order of sale that sets forth the required procedures for or\nterms of the sale.\n(5) If the proposed sale is by public auction or any other method other than a private\nsale approved by the court, the conservator shall conduct and promote the sale in a\nmanner anticipated to raise the highest and best sale price.\n(6) If the proposed sale is pursuant to a specific offer the conservator desires to accept,\nthe court may finally approve th e sale and no separate confirmation order is\nrequired. If the proposed sale is by public auction or any method other than a\nprivate sale approved by the court, the conservator shall seek an order approving the\nsale process and confirming the sale within ten (10) days of the date of the sale.\n(7) Notwithstanding any provision of KRS Chapter 134 to the contrary, any holder of a\nlocal government lien may by written agreement waive or release all or a portion of\nits lien priority upon sale of a property subject  to the lien in accordance with KRS\n99.780 to 99.855.","path":["KRS Chapter 99"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58055","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:02Z","sha256":"6686ef5daabfb1546f6ed519e1d297c83b269bb25677db2725b4f4ecb45ab52c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-99.830","next":"us-ky/krs-99.840"},"notice":"GroundRules: Original legal text. Not legal advice."}