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416.580 Commissioners -- Appointment -- Report -- Compensation -- Vacancy
-- Majority required.
(1)
(2)
The Circuit Court, or in the absence of the Circuit Judge from the county, the
Circuit Court Clerk, shall appoint as commissioners three (3) impartial
housekeepers of the county who are owners of land. They shall be sworn to
faithfully and impartially discharge their duties under this section. The
commissioners shall view the land or material sought to be condemned and
award to the owner or owners such a sum as will fairly represent the reduction
in the market value of the entire property, all of or a portion of which is sought
to be condemned, said sum being the difference between the market value of
the entire property immediately before the taking and the market value of the
remainder of the property immediately after the taking thereof, together with the
fair rental value of any temporary easements sought to be condemned. Within
fifteen (15) days from the date of their appointment they shall return a written
report to the office of the Circuit Court, stating the above values in their award
and shall describe in their report the property sought to be condemned. They
shall be allowed a reasonable fee which shall be taxed as costs.
In the event any person appointed to serve as commissioner fails, refuses or
becomes incapable of acting, the court, or judge thereof shall forthwith appoint
a qualified person to fill the vacancy. A majority of the commissioners
appointed and qualified have the power to act and to make and sign the award
and report. If a majority of the commissioners do not agree on a decision, three
(3) new commissioners shall be appointed by the court on application by any of
the parties to the action.
History: Created 1976 Ky. Acts ch. 140, sec. 6.
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