Kentucky Statutes 416.670 – Limitations on condemnation powers — Rights of current landowner
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(1) Development shall be started on any property which has been acquired through condemnation within a period of eight (8) years from the date of the deed to the condemnor or the date on which the condemnor took possession, whichever is earlier, for the purpose for which it was condemned. The failure of the condemnor to so begin development shall entitle the current landowner to repurchase the property at the price the condemnor paid to the landowner for the property. The current owner of the land from which the condemned land was taken may reacquire the land as aforementioned.
(2) Any condemnor who fails to develop property acquired by condemnation or who fails to begin design on highway projects pursuant to KRS Chapter 177 within a period of eight (8) years after acquisition, shall notify the current landowner of the provisions of subsection (1) of this section. If the current landowner refuses to purchase property described in this section, public notice shall be given in a manner prescribed in KRS Chapter 424 within thirty (30) days of the refusal, and the property shall be sold at auction. Provided, however, that this section shall not apply to property acquired for purposes of industrial development pursuant to KRS Chapter 152 or a project of a transportation improvement district under KRS
184.350 to 184.395.
(3) If there are two (2) or more current owners of the land from which the condemned land was taken because the remaining land was subdivided, and if they have a common boundary with the condemned land, the condemned land shall be reacquired by allowing all owners of a parcel of the remaining land with a common boundary and from which the condemned land was taken to offer sealed bids for the condemned land within thirty (30) days of notification by the condemnor. The condemnor shall accept the highest and best sealed bid equal to or greater than the price paid at the time of condemnation. If there are no sealed bids or if all sealed bids are below the original price paid by the condemnor for the property, the property shall be sold at auction.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 180, sec. 20, effective July 14, 2022. — Amended
1980 Ky. Acts ch. 231, sec. 1, effective July 15, 1980. — Amended 1978 Ky. Acts ch.
384, sec. 117, effective June 17, 1978. — Created 1976 Ky. Acts ch. 140, sec. 15.
(2) Any condemnor who fails to develop property acquired by condemnation or who fails to begin design on highway projects pursuant to KRS Chapter 177 within a period of eight (8) years after acquisition, shall notify the current landowner of the provisions of subsection (1) of this section. If the current landowner refuses to purchase property described in this section, public notice shall be given in a manner prescribed in KRS Chapter 424 within thirty (30) days of the refusal, and the property shall be sold at auction. Provided, however, that this section shall not apply to property acquired for purposes of industrial development pursuant to KRS Chapter 152 or a project of a transportation improvement district under KRS
Terms Used In Kentucky Statutes 416.670
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
184.350 to 184.395.
(3) If there are two (2) or more current owners of the land from which the condemned land was taken because the remaining land was subdivided, and if they have a common boundary with the condemned land, the condemned land shall be reacquired by allowing all owners of a parcel of the remaining land with a common boundary and from which the condemned land was taken to offer sealed bids for the condemned land within thirty (30) days of notification by the condemnor. The condemnor shall accept the highest and best sealed bid equal to or greater than the price paid at the time of condemnation. If there are no sealed bids or if all sealed bids are below the original price paid by the condemnor for the property, the property shall be sold at auction.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 180, sec. 20, effective July 14, 2022. — Amended
1980 Ky. Acts ch. 231, sec. 1, effective July 15, 1980. — Amended 1978 Ky. Acts ch.
384, sec. 117, effective June 17, 1978. — Created 1976 Ky. Acts ch. 140, sec. 15.