2013 Kentucky Revised Statutes CHAPTER 381 - TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION 381.636 Findings required by commissioners in condemnation of underground passageway -- Basis of compensation -- Immediate possession.
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381.636 Findings required by commissioners in condemnation of
underground passageway -- Basis of compensation -- Immediate
possession.
All of the provisions of the Eminent Domain Act of Kentucky shall be applicable for
the purposes of KRS 381.635 and this section, except as follows:
(1) The commissioners shall be required to find, in addition to their other findings,
that access over the surface of the land would be impracticable, and that the
use or making and use of the shafts, slopes, passageways or entries would not
cause undue or unreasonable inconvenience to the owner thereof.
(2) Compensation shall be determined in accordance with what will constitute just
compensation to the owner of the shafts, slopes, passageways or entries for
the use thereof, and not on the basis of an actual taking of the land. Where the
right to make a shaft, slope, passageway or entry is condemned, the
condemnor shall be required to pay compensation for the value of any
merchantable coal or other mineral that may be removed from the land in
making the shaft, slope, passageway or entry, and for any incidental damages
arising therefrom.
(3) At the time of examining the report of the commissioners, the court shall enter
an order granting the applicant the immediate use of the right of access sought
to be condemned, notwithstanding the filing of exceptions by the owners, if:
(a) The report of the commissioners favors condemnation; and
(b) The person seeking condemnation has paid into court the amount of
compensation fixed by the commissioners, and has filed with the court a
bond, with sureties approved by the court, conditioned upon his paying to
the owner or owners the difference between the sum paid into court and
that which may thereafter be finally determined, in the proceeding, to be
the value of the right of access, and further conditioned that, if it is finally
determined in the proceeding that the person is not entitled to condemn
the right of access, he will pay to the owner or owners damages for his
use pending such final determination.
Effective:January 2, 1978
History: Amended 1976 (1st Extra Sess.) Ky. Acts ch. 14, sec. 309, effective
January 2, 1978. -- Created 1948 Ky. Acts ch. 5, sec. 2.
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