416.670 Limitations on condemnation powers -- Rights of current landowner.
(1)
(2)
(3)
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.
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.
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 15, 1980
History: 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.
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