Download as PDF
416.675 Public use required -- No condemnation for indirect benefit -Exemption.
(1)
(2)
(3)
(4)
Every grant of authority contained in the Kentucky Revised Statutes to exercise
the power of eminent domain shall be subject to the condition that the authority
be exercised only to effectuate a public use of the condemned property.
"Public use" shall mean the following:
(a) Ownership of the property by the Commonwealth, a political subdivision
of the Commonwealth, or other governmental entity;
(b) The possession, occupation, or enjoyment of the property as a matter of
right by the Commonwealth, a political subdivision of the Commonwealth,
or other governmental entity;
(c) The acquisition and transfer of property for the purpose of eliminating
blighted areas, slum areas, or substandard and insanitary areas in
accordance with KRS Chapter 99;
(d) The use of the property for the creation or operation of public utilities or
common carriers; or
(e) Other use of the property expressly authorized by statute.
No provision in the law of the Commonwealth shall be construed to authorize
the condemnation of private property for transfer to a private owner for the
purpose of economic development that benefits the general public only
indirectly, such as by increasing the tax base, tax revenues, or employment, or
by promoting the general economic health of the community. However, this
provision shall not prohibit the sale or lease of property to private entities that
occupy an incidental area within a public project or building, provided that no
property may be condemned primarily for the purpose of facilitating an
incidental private use.
The exercise of the power of eminent domain for the acquisition of property
financed by state road funds or federal highway funds shall be exempt from the
provisions of this section.
Effective:July 12, 2006
History: Created 2006 Ky. Acts ch. 73, sec. 1, effective July 12, 2006.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
