Kentucky Statutes 96.600 – Procedure for condemnation — Report of commissions — Jury award — Procedure when condemnor not a utility
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(1) When the board of any municipality authorized to acquire, construct, own or operate an electric plant under the provisions of KRS § 96.550 to KRS § 96.900 shall be unable to contract with the owner of any land, easement, right of way, electric plant, or any facilities or property needed by such board for its use for the purposes thereof and desires to exercise the right of eminent domain, the board shall proceed to condemn the property pursuant to the Eminent Domain Act of Kentucky except that, in lieu of determining the award to the owners in the manner prescribed in KRS § 416.580(1) the commissioners shall ascertain and determine the value of the property taken; the value of real estate, tangible personal property, intangible property and franchises, if any such value is found to exist, shall be determined and stated separately in their report; and they shall also award damages, if any, resulting to the remainder of the electric plant or system of the owner, considering the purposes for which the property is taken, and the amount of said damages, if any, shall be stated separately in their report. The jury award shall be made in this manner rather than in the manner prescribed in KRS § 416.660(1).
(2) Notwithstanding the provisions of subsection (1) of this section, when the owner of any land, easement, right of way or facility to be acquired by exercise of the right of eminent domain is not a utility, the award to the owners thereof shall be determined pursuant to the Eminent Domain Act of Kentucky.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 83, sec. 1, effective July 13, 1984. — Amended
1976 Ky. Acts ch. 140, sec. 47. — Amended 1974 Ky. Acts ch. 386, sec. 23. — Amended 1970 Ky. Acts ch. 92, sec. 20. — Amended 1952 Ky. Acts ch. 84, sec. 61, effective July 1, 1953. — Created 1942 Ky. Acts ch. 18, sec. 4.
(2) Notwithstanding the provisions of subsection (1) of this section, when the owner of any land, easement, right of way or facility to be acquired by exercise of the right of eminent domain is not a utility, the award to the owners thereof shall be determined pursuant to the Eminent Domain Act of Kentucky.
Terms Used In Kentucky Statutes 96.600
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Personal property: All property that is not real property.
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Effective: July 13, 1984
History: Amended 1984 Ky. Acts ch. 83, sec. 1, effective July 13, 1984. — Amended
1976 Ky. Acts ch. 140, sec. 47. — Amended 1974 Ky. Acts ch. 386, sec. 23. — Amended 1970 Ky. Acts ch. 92, sec. 20. — Amended 1952 Ky. Acts ch. 84, sec. 61, effective July 1, 1953. — Created 1942 Ky. Acts ch. 18, sec. 4.