2013 Kentucky Revised Statutes CHAPTER 216 - HEALTH FACILITIES AND SERVICES 216.833 Acquisition of property by purchase or eminent domain -- Title -- Possession, how obtained.
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216.833 Acquisition of property by purchase or eminent domain -- Title -Possession, how obtained.
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The authority may purchase, whenever it shall deem such purchase expedient,
from funds provided pursuant to KRS 216.800 to 216.853, lands, structures,
property, rights, rights-of-way, franchises, easements and other interests in
land, including lands lying under water and riparian rights, which are located
within the Commonwealth, as it may deem necessary or convenient for the
construction and operation of any project, upon such terms and at such prices
as may be considered by it to be reasonable, and can be agreed upon between
it and the owner thereof, and to take title thereto in the name of the authority.
If a reasonable price cannot be agreed upon, or if the owner is legally
incapacitated or is absent, unknown or unable to convey valid title, the
authority may acquire by condemnation or by eminent domain any lands,
property, rights-of-way, franchises, easements and other property, including
public lands, parks, playgrounds, reservations, highways, or parkways, or parts
thereof or rights therein, of any person, partnership, association, railroad,
public service, public utility or other corporation, or municipality or political
subdivision, deemed necessary or convenient for the construction or the
efficient operation of any project or necessary in the restoration of public or
private property damaged or destroyed. Any such proceedings shall be
conducted, and the compensation to be paid shall be ascertained and paid, in
the manner provided by the Constitution and laws of the Commonwealth which
relate to condemnation or to the exercise of the power of eminent domain. Title
to any property acquired by the authority shall be taken in the name of the
authority. In any condemnation proceedings the court having jurisdiction of the
suit, action or proceeding may make such orders as may be just to the
authority and to the owners of the property to be condemned and may require
an undertaking or other security to secure such owners against any loss or
damage by reason of the failure of the authority to accept and pay for the
property, but neither such undertaking or security nor any act or obligation of
the authority shall impose any liability upon the Commonwealth except as may
be paid from the funds provided under KRS 216.800 to 216.853.
If the owner, lessee or occupier of any property to be condemned shall refuse
to remove his personal property therefrom or give up his possession thereof,
the authority may proceed to obtain possession in any manner provided by law.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 67, effective June 17, 1978. -Created 1968 Ky. Acts ch. 132, sec. 14, effective June 13, 1968.
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