(1) Whenever the fiscal court of any county deems it to be in the best interest of the county to acquire additional land adjacent to an existing county road to provide for future widening and improvement of said road, and the fiscal court is unable to contract with the owners of the land required for such purposes for its purchase or to acquire the same by gift, the land may be condemned under the provisions set forth in the Eminent Domain Act of Kentucky.
(2) The resolution authorizing condemnation shall set forth the facts of the proposed acquisition, including a description of the land sought to be acquired, which description may be stated in widths from the existing centerline of the road proposed to be improved. In condemnation for future improvement under this section it shall not be necessary for the county to have completed plans for actual construction; Provided, the property owner is furnished with an accurate description of the property sought to be condemned. The right-of-way thus obtained shall be for reasonably foreseeable future construction and improvement in conformity with the existing grade of said road and with free access to adjacent property.

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Terms Used In Kentucky Statutes 178.125

  • Construction: includes reconstruction and improvement. See Kentucky Statutes 178.010
  • Contract: A legal written agreement that becomes binding when signed.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010

History: Amended 1976 Ky. Acts ch. 140, sec. 80. — Created 1960 Ky. Acts ch. 220, sec. 1, effective June 16, 1960.