2015 Kentucky Revised Statutes CHAPTER 216 - HEALTH FACILITIES AND SERVICES 216.833 Acquisition of property by purchase or eminent domain -- Title -- Possession, how obtained.
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216.833
Acquisition of property by purchase or eminent domain -- Title -Possession, how obtained.
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The authority may purchase, whenever it shall deem such purchase expedient, from
funds provided pursuant to KRS 216.800 to 216.853, lands, structures, property,
rights, rights-of-way, franchises, easements and other interests in land, including
lands lying under water and riparian rights, which are located within the
Commonwealth, as it may deem necessary or convenient for the construction and
operation of any project, upon such terms and at such prices as may be considered
by it to be reasonable, and can be agreed upon between it and the owner thereof, and
to take title thereto in the name of the authority.
If a reasonable price cannot be agreed upon, or if the owner is legally incapacitated
or is absent, unknown or unable to convey valid title, the authority may acquire by
condemnation or by eminent domain any lands, property, rights-of-way, franchises,
easements and other property, including public lands, parks, playgrounds,
reservations, highways, or parkways, or parts thereof or rights therein, of any
person, partnership, association, railroad, public service, public utility or other
corporation, or municipality or political subdivision, deemed necessary or
convenient for the construction or the efficient operation of any project or necessary
in the restoration of public or private property damaged or destroyed. Any such
proceedings shall be conducted, and the compensation to be paid shall be
ascertained and paid, in the manner provided by the Constitution and laws of the
Commonwealth which relate to condemnation or to the exercise of the power of
eminent domain. Title to any property acquired by the authority shall be taken in the
name of the authority. In any condemnation proceedings the court having
jurisdiction of the suit, action or proceeding may make such orders as may be just to
the authority and to the owners of the property to be condemned and may require an
undertaking or other security to secure such owners against any loss or damage by
reason of the failure of the authority to accept and pay for the property, but neither
such undertaking or security nor any act or obligation of the authority shall impose
any liability upon the Commonwealth except as may be paid from the funds
provided under KRS 216.800 to 216.853.
If the owner, lessee or occupier of any property to be condemned shall refuse to
remove his personal property therefrom or give up his possession thereof, the
authority may proceed to obtain possession in any manner provided by law.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 67, effective June 17, 1978. -- Created
1968 Ky. Acts ch. 132, sec. 14, effective June 13, 1968.
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