Kentucky Statutes 177.867 – Acquisition of billboards by state — Compensation
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(1) The commissioner of the Department of Highways is authorized to acquire by purchase, gift, or condemnation pursuant to the Eminent Domain Act of Kentucky and shall pay just compensation upon the removal of the following advertising devices:
(a) Those lawfully in existence on October 22, 1965;
(b) Those lawfully on any highway designated a part of the interstate or federal-aid primary system on or after October 22, 1965, and before January 1, 1968;
(c) Those lawfully erected on or after January 1, 1968; (d) Those lawfully in existence on January 1, 1976; and
(e) Those lawfully erected or maintained, or both, between January 1, 1976, and December 31, 1989.
(2) Compensation shall be paid for the following:
(a) The taking from the owner of any such advertising device of all right, title, leasehold, and interest in such advertising device; and
(b) The taking from the owner of the real property on which the advertising device is located, of the right to erect and maintain such advertising devices thereon.
Effective:March 18, 2021
History: Repealed and reenacted 2021 Ky. Acts ch. 44, sec. 7, effective March 18,
2021. — Amended 1990 Ky. Acts ch. 398, sec. 3, effective April 9, 1990. — Amended 1976 Ky. Acts ch. 80, sec. 4, effective March 29, 1976; and ch. 140, sec. 77. — Amended 1968 Ky. Acts ch. 178, sec. 3. — Created 1966 Ky. Acts ch.
76, sec. 5.
(a) Those lawfully in existence on October 22, 1965;
Terms Used In Kentucky Statutes 177.867
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) Those lawfully on any highway designated a part of the interstate or federal-aid primary system on or after October 22, 1965, and before January 1, 1968;
(c) Those lawfully erected on or after January 1, 1968; (d) Those lawfully in existence on January 1, 1976; and
(e) Those lawfully erected or maintained, or both, between January 1, 1976, and December 31, 1989.
(2) Compensation shall be paid for the following:
(a) The taking from the owner of any such advertising device of all right, title, leasehold, and interest in such advertising device; and
(b) The taking from the owner of the real property on which the advertising device is located, of the right to erect and maintain such advertising devices thereon.
Effective:March 18, 2021
History: Repealed and reenacted 2021 Ky. Acts ch. 44, sec. 7, effective March 18,
2021. — Amended 1990 Ky. Acts ch. 398, sec. 3, effective April 9, 1990. — Amended 1976 Ky. Acts ch. 80, sec. 4, effective March 29, 1976; and ch. 140, sec. 77. — Amended 1968 Ky. Acts ch. 178, sec. 3. — Created 1966 Ky. Acts ch.
76, sec. 5.