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178.125 Condemnation of additional land adjacent to existing road -Procedure.
(1)
(2)
Whenever the fiscal court of any county deems it to be in the best interest of
the county to acquire additional land adjacent to an existing county road to
provide for future widening and improvement of said road, and the fiscal court
is unable to contract with the owners of the land required for such purposes for
its purchase or to acquire the same by gift, the land may be condemned under
the provisions set forth in the Eminent Domain Act of Kentucky.
The resolution authorizing condemnation shall set forth the facts of the
proposed acquisition, including a description of the land sought to be acquired,
which description may be stated in widths from the existing centerline of the
road proposed to be improved. In condemnation for future improvement under
this section it shall not be necessary for the county to have completed plans for
actual construction; Provided, the property owner is furnished with an accurate
description of the property sought to be condemned. The right-of-way thus
obtained shall be for reasonably foreseeable future construction and
improvement in conformity with the existing grade of said road and with free
access to adjacent property.
History: Amended 1976 Ky. Acts ch. 140, sec. 80. -- Created 1960 Ky. Acts
ch. 220, sec. 1, effective June 16, 1960.
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