Condemnation occurs when a local, state, or federal government seizes private property and compensates the owner. The power of the government to do this is called “eminent domain”, which means that the government takes private property for public use. The land owner is then entitled to just compensation for the property.
Kentucky Condemnation Laws
Kentucky Revised Statutes[1] provides that eminent domain is available for:
•Railroads (KRS 416.010)
•Roads (416.100, 416.110, 416.350)
•Dams and other structures for electricity and navigation (416.130)
•Suppliers of water, electricity, gas or gasoline for light, heat, domestic use or power (KRS 416.140
•Telephone Companies (KRS 416.150)
•Cemeteries (416.210)
•Water Associations (416.340)
•Relocation of Public Utility Facilities (416.360)
Unlike the U.S. Constitution, which allows condemnation for a “public purpose,” Kentucky law is clear that the state constitution requires that the property or use of property condemned be available for public use.
The Kentucky Condemnation Process
The condemnation process may vary slightly depending on the situation, but in general:
• Once the government has decided to take the property and has come up with a reasonable appraisal of how much the property is worth, or fair market value, it will offer the property owner a partial payment made by the government as compensation for the land being seized.
• If the owner does not wish to sell, the government files an appropriate court action to exercise the right of eminent domain.
• A hearing will be scheduled where the government has to show that the monetary offer to the landowner is reasonable and the property is indeed being taken for public use. During the hearing, the landowner is allowed to present a response.
Getting Help for Kentucky Eminent Domain
If you have received a notice of a Kentucky condemnation, it is in your best interest to consult with an experienced Kentucky condemnation lawyer at the law office of Sever Storey, LLP as soon as possible. The government will likely try to move as quickly as possible and may even pressure you, as the land owner, to accept their settlement offer. The attorneys at Sever Storey, LLP can effectively identify damages and select the necessary experts allowing you to properly negotiate with the condemning authority and be willing to take your case to trial if settlement negotiations fail. Please call today at 888-318-3761 for a free consultation.
References:
[1] https://legislature.ky.gov/Pages/index.aspx
