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416.670 Limitations on condemnation powers -- Rights of current landowner.
(1)
(2)
(3)
Development shall be started on any property which has been acquired
through condemnation within a period of eight (8) years from the date of the
deed to the condemnor or the date on which the condemnor took possession,
whichever is earlier, for the purpose for which it was condemned. The failure
of the condemnor to so begin development shall entitle the current landowner
to repurchase the property at the price the condemnor paid to the landowner
for the property. The current owner of the land from which the condemned
land was taken may reacquire the land as aforementioned.
Any condemnor who fails to develop property acquired by condemnation or
who fails to begin design on highway projects pursuant to KRS Chapter 177
within a period of eight (8) years after acquisition, shall notify the current
landowner of the provisions of subsection (1) of this section. If the current
landowner refuses to purchase property described in this section, public notice
shall be given in a manner prescribed in KRS Chapter 424 within thirty (30)
days of the refusal, and the property shall be sold at auction. Provided,
however, that this section shall not apply to property acquired for purposes of
industrial development pursuant to KRS Chapter 152.
If there are two (2) or more current owners of the land from which the
condemned land was taken because the remaining land was subdivided, and if
they have a common boundary with the condemned land, the condemned land
shall be reacquired by allowing all owners of a parcel of the remaining land with
a common boundary and from which the condemned land was taken to offer
sealed bids for the condemned land within thirty (30) days of notification by the
condemnor. The condemnor shall accept the highest and best sealed bid
equal to or greater than the price paid at the time of condemnation. If there are
no sealed bids or if all sealed bids are below the original price paid by the
condemnor for the property, the property shall be sold at auction.
Effective:July 15, 1980
History: Amended 1980 Ky. Acts ch. 231, sec. 1, effective July 15, 1980. -Amended 1978 Ky. Acts ch. 384, sec. 117, effective June 17, 1978. -- Created
1976 Ky. Acts ch. 140, sec. 15.
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