416.580 Commissioners -- Appointment -- Report -- Compensation -- Vacancy -Majority required.
(1)
(2)
The Circuit Court, or in the absence of the Circuit Judge from the county, the
Circuit Court Clerk, shall appoint as commissioners three (3) impartial
housekeepers of the county who are owners of land. They shall be sworn to
faithfully and impartially discharge their duties under this section. The
commissioners shall view the land or material sought to be condemned and award
to the owner or owners such a sum as will fairly represent the reduction in the
market value of the entire property, all of or a portion of which is sought to be
condemned, said sum being the difference between the market value of the entire
property immediately before the taking and the market value of the remainder of the
property immediately after the taking thereof, together with the fair rental value of
any temporary easements sought to be condemned. Within fifteen (15) days from
the date of their appointment they shall return a written report to the office of the
Circuit Court, stating the above values in their award and shall describe in their
report the property sought to be condemned. They shall be allowed a reasonable fee
which shall be taxed as costs.
In the event any person appointed to serve as commissioner fails, refuses or
becomes incapable of acting, the court, or judge thereof shall forthwith appoint a
qualified person to fill the vacancy. A majority of the commissioners appointed and
qualified have the power to act and to make and sign the award and report. If a
majority of the commissioners do not agree on a decision, three (3) new
commissioners shall be appointed by the court on application by any of the parties
to the action.
History: Created 1976 Ky. Acts ch. 140, sec. 6.
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