Kentucky Statutes 103.245 – Definition of “building” and “industrial building” — Acquisition procedure
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(1) For purposes of the exercise of the power of eminent domain, “building” or “industrial building” shall be deemed to include only the following: coal conversion facilities, hospitals, primary medical centers, health care clinics, convention centers, or any industrial building as defined in KRS § 103.200, which is to be located in a blighted area as defined in KRS § 99.010(1)(a), or any of these things, to be rented or leased to a domestic or foreign corporation by the Kentucky Economic Development Finance Authority, the city or the county by which it is acquired.
(2) An industrial building within the meaning of subsection (1) of this section may be acquired by a city or a county by purchase, gift, or condemnation. Whenever a city or a county shall determine that land or other property, right of way, or easement over or through any property is needed by such city or county, as the case may be, to accomplish the purposes of KRS § 103.210 to KRS § 103.285, inclusive, it may by ordinance or resolution authorize the purchase or condemnation, in the name of such city or county, of said land or other property, or right of way or easement necessary for such purposes, and may proceed to condemn and acquire such property in the manner set forth in the Eminent Domain Act of Kentucky. All property, rights of way and easements already held by its owner or lessee for industrial development shall be exempt from condemnation under this section.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 105, sec. 68, effective July 14, 1992. — Amended
1980 Ky. Acts ch. 339, sec. 5, effective July 15, 1980. — Amended 1976 Ky. Acts ch.
140, sec. 54. — Created 1964 Ky. Acts ch. 90, sec. 2.
(2) An industrial building within the meaning of subsection (1) of this section may be acquired by a city or a county by purchase, gift, or condemnation. Whenever a city or a county shall determine that land or other property, right of way, or easement over or through any property is needed by such city or county, as the case may be, to accomplish the purposes of KRS § 103.210 to KRS § 103.285, inclusive, it may by ordinance or resolution authorize the purchase or condemnation, in the name of such city or county, of said land or other property, or right of way or easement necessary for such purposes, and may proceed to condemn and acquire such property in the manner set forth in the Eminent Domain Act of Kentucky. All property, rights of way and easements already held by its owner or lessee for industrial development shall be exempt from condemnation under this section.
Terms Used In Kentucky Statutes 103.245
- City: includes town. See Kentucky Statutes 446.010
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- 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
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 105, sec. 68, effective July 14, 1992. — Amended
1980 Ky. Acts ch. 339, sec. 5, effective July 15, 1980. — Amended 1976 Ky. Acts ch.
140, sec. 54. — Created 1964 Ky. Acts ch. 90, sec. 2.