2013 Kentucky Revised Statutes CHAPTER 56 - STATE LANDS AND BUILDINGS 56.463 Powers of cabinet in determining need, controlling, and disposing of real estate.
Download as PDF
56.463 Powers of cabinet in determining need, controlling, and disposing of
real estate.
The cabinet shall have the power and duty:
(1) To determine the comparative needs and demands of the various state
agencies for acquiring real estate and for building projects;
(2) To purchase or otherwise acquire all real property determined to be needed for
state use and upon the approval of the secretary of the Finance and
Administration Cabinet as to the determination of need and as to the action of
purchase or other acquisition, except as provided in KRS Chapters 175, 176,
177, and 180. All such acquisitions of real property or interests therein shall be
made in accordance with KRS 45A.045;
(3) To sell or otherwise dispose of all property, including any interest in real
property, of the state that is not needed or has become unsuitable for public
use or would be more suitable consistent with the public interest for some other
use as determined by the secretary of the Finance and Administration Cabinet.
All such sales or other disposition shall be made in accordance with KRS
45A.045;
(4) (a) To control the use of any real property owned or otherwise held by the
Commonwealth, or any state agency, and to determine for what periods
of time and for what purposes any state agency may use the same,
including the agency for whose use it was initially acquired or improved,
and to determine what appropriate uses shall be made of such real
property during periods that the cabinet finds the same is not required for
the purposes of any particular state agency. The cabinet shall allocate to
the General Assembly and the Legislative Research Commission the
amount of space within the New State Capitol Annex, currently assigned
to the legislative branch in the basement and on the first floor totaling
forty-nine thousand six hundred thirty-eight (49,638) square feet;
approximately twenty-four thousand four hundred fifty-two (24,452)
square feet on the second floor from an imaginary line running north and
south down the center of the center wing hallway of the building and all
space to the east of this line, excluding mechanical areas, public
entrances, and restrooms; approximately twenty-three thousand nine
hundred forty (23,940) square feet on the third floor from an imaginary
line running north and south down the center of the center wing hallway of
the building and all space to the east of this line, excluding mechanical
areas, public entrances, and restrooms; approximately twenty-two
thousand fifty-six (22,056) square feet on the fourth floor from an
imaginary line running north and south down the center of the center wing
hallway of the building and all space to the east of this line, excluding
mechanical areas, public entrances, and restrooms. All space assigned to
the legislative branch and plans, uses, furnishings, and equipment
therefor are subject to the specific approval of the Legislative Research
Commission;
(b) All additional space in the New State Capitol Annex, not specifically
allocated for use by the General Assembly and the Legislative Research
Commission in paragraph (a) of this subsection, shall be allocated for the
(5)
(6)
(7)
use of the legislative branch, with occupancy by the legislative branch to
be determined by the Legislative Research Commission. Until the
Legislative Research Commission, by vote of a majority of its entire
membership, determines that the legislative branch shall occupy all or
part of such additional space in the Capitol Annex, the cabinet shall
continue to determine the occupancy of such additional space;
(c) Forty percent (40%) of the floor space provided by paragraph (a) of this
subsection for use by the legislative branch shall be assigned for the use
of the Senate. Sixty percent (60%) of the floor space provided by
paragraph (a) of this subsection for use by the legislative branch shall be
assigned for the use of the House of Representatives; and
(d) To determine the housing and furnishings needs of the various state
agencies located in Frankfort and to establish and put into effect a
permanent program for housing them. Subject to paragraphs (a) and (b)
of this subsection, the cabinet is also authorized and directed to allocate
office space and furnishings in existing public buildings located in
Frankfort, exclusive of the third and fourth floors of the New State Capitol
and the space in the New State Capitol Annex allocated to the legislative
branch, according to the needs of the various agencies. When necessary,
the cabinet is authorized to provide additional office space and furnishings
in Frankfort under any building program the cabinet deems most
advisable and economical for the state. The permanent housing program
shall include provisions for housing the General Assembly and its related
agencies, including the Legislative Research Commission, and its
subcommittees, the executive offices, the Supreme Court and the clerk of
the Supreme Court, the Department of Law and the law library, in the
New State Capitol, provided the General Assembly and the Legislative
Research Commission shall have complete control and exclusive use of
the third and fourth floors of the New State Capitol and shall have
exclusive use of the space in the New State Capitol Annex allocated to
them under paragraphs (a) and (b) of this subsection. If there be any
additional space in the Capitol, it shall be assigned to agencies whose
activities are most closely related to the agencies directed to be located
permanently in the Capitol;
To acquire, by condemnation in the manner provided in the Eminent Domain
Act of Kentucky, any real estate necessary for use by the state or by any state
agency, when the cabinet is unable to agree with the owner thereof on a price
for such real estate;
To lease any real property, or any interest in such real property, owned by the
state or any agency thereof, in accordance with KRS 45A.045;
To provide for and adopt plans and specifications as may be necessary, to
provide adequate public notice for and receive bids for any expenditures
proposed to be made, to award contracts for the purpose authorized, to
supervise construction and make changes and revisions in plans and
specifications or in construction as may become necessary, and generally to
do any and all other things as may become necessary or expedient in order to
effectively fulfill and carry out the purposes of this chapter, including the right to
(8)
employ clerks, engineers, statisticians, architects, or other persons required to
be employed in order to fulfill the functions of the Commonwealth relating to
state property and buildings provided in KRS 56.450 to 56.550; and
To adopt rules and promulgate administrative regulations as may be necessary
to govern the acquisition, control, and disposition of the real property to which
this section is applicable.
Effective:June 24, 2003
History: Amended 2003 Ky. Acts ch. 153, sec. 1, effective June 24, 2003. -Amended 1998 Ky. Acts ch. 120, sec. 23, effective July 15, 1998. -- Amended
1990 Ky. Acts ch. 496, sec. 31, effective July 13, 1990; and ch. 510, sec. 1,
effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 497, sec. 1, effective July
15, 1986. -- Amended 1980 Ky. Acts ch. 226, sec. 1, effective July 15, 1980. -Amended 1978 Ky. Acts ch. 218, sec. 1, effective March 30, 1978; and ch. 384,
sec. 539, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 52;
and ch. 140, sec. 19. -- Amended 1974 Ky. Acts ch. 372, sec. 1. -- Amended
1966 Ky. Acts ch. 111, sec. 1. -- Created 1956 (1st Extra. Sess.) Ky. Acts ch. 7,
Art. XVI, sec. 4.
2012-2014 Budget Reference. See State/Executive Branch Budget, 2012 Ky. Acts
ch. 144, Pt. I, C, 2, (16) at 1110.
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.