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416.110 Condemnation by fiscal court for road purposes.
(1)
(2)
When any fiscal court desires to condemn land under the authority of KRS
178.120, it shall adopt a resolution ordering the condemnation of the required
land. The resolution shall set forth the facts contemplated by KRS 178.120,
give a general description of the land, and the name of the owner if known, and
shall direct the county attorney to institute the proceedings.
The county attorney shall file the petition for condemnation in the Circuit Court
in the name of the county, and shall attach to the petition as an exhibit a
certified copy of the resolution of the fiscal court. The resolution shall be prima
facie evidence of the public use and necessity for the condemnation.
Thereafter the proceedings shall be as provided in the Eminent Domain Act of
Kentucky.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 418, effective
January 2, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 121. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
secs. 4302a-2 to 4302a-12.
Legislative Research Commission Note. According to the provisions of KRS
416.540 to 416.680 (the Eminent Domain Act of Kentucky), the petition for
condemnation shall be filed in the circuit court, followed by proceedings relating
to the condemnation action.
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