2013 Kentucky Revised Statutes CHAPTER 99 - URBAN RENEWAL AND REDEVELOPMENT 99.240 Kinds of evidence admissible on question of value of condemned property -- Expedition of proceedings -- Condemnation of property devoted to public use.
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99.240 Kinds of evidence admissible on question of value of condemned
property -- Expedition of proceedings -- Condemnation of property
devoted to public use.
The following provisions shall apply to any proceedings for the assessment of
compensation and damages for real property in a development area taken or to be
taken by condemnation for a redevelopment corporation:
(1) Evidence of the price and other terms upon any bona fide sale, or the rent
received or reserved, and other terms upon any bona fide sale, option, lease or
tenancy relating to any of the real property taken or to be taken or to any
comparable real property in the vicinity when the option, sale, or lease was
given, occurred or the tenancy existed, within a reasonable time of the trial,
shall be admissible on direct examination.
(2) Any time during the pendency of such action or proceeding, the redevelopment
corporation, the city or any owner may apply to the court for an order directing
any owner, the redevelopment corporation, or the city, as the case may be, to
show cause why further proceedings should not be expedited, and the court
may upon such application make an order requiring that the hearings proceed
and that any other steps be taken with all possible expedition.
(3) For the purposes of KRS 99.010 to 99.310, the award of compensation shall
not be increased by reason of any increase in the value of the real property
caused by the assembly, clearance or reconstruction, or proposed assembly,
clearance or reconstruction for the purposes of KRS 99.010 to 99.310 of the
real property in the development area. No allowance shall be made for the
improvements begun on real property after notice to the owner of such property
of the institution of the proceedings to condemn such property.
(4) Evidence shall be admissible bearing upon the insanitary, unsafe or
substandard condition of the premises, or the illegal use thereof, or the
enhancement of rentals from such illegal use, and such evidence may be
considered in fixing the compensation to be paid, notwithstanding that no steps
to remedy or abate such conditions have been taken by the department or
officer having jurisdiction. If a violation order is on file against the premises in
any such department, it shall constitute prima facie evidence of the existence
of the condition specified in such order.
(5) If any of the real property in the development area which is to be acquired by
condemnation has, prior to such acquisition, been devoted to another public
use, it may nevertheless be acquired, Provided, That no real property
belonging to the city or to any other governmental body, or agency or
instrumentality thereof, corporate or otherwise, may be acquired without its
consent.
(6) Upon the trial, evidence of the price and other terms upon a sale or assignment
or of a contract for the sale or assignment of a mortgage, award, proposed
award, transfer of a tax lien or lien of a judgment relating to property taken,
shall be relevant, material and competent, upon the issue of value or damage
and shall be admissible on direct examination.
(7) Upon the trial, a statement, affidavit, deposition, report, transcript of testimony
in an action or proceeding, or appraisal made or given by any owner or prior
owner of the premises taken, or by any person on his behalf, to any court,
governmental bureau, department or agency respecting the value of the real
property for tax purposes, shall be relevant, material and competent upon the
issue of value or damage and shall be admissible on direct examination.
Effective:June 2, 1942
History: Created 1942 Ky. Acts ch. 36, sec. 14.
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