2014 Kentucky Revised Statutes CHAPTER 96 - UTILITIES IN CITIES 96.600 Procedure for condemnation -- Report of commissions -- Jury award -- Procedure when condemnor not a utility.
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96.600 Procedure for condemnation -- Report of commissions -- Jury award -Procedure when condemnor not a utility.
(1)
(2)
When the board of any municipality authorized to acquire, construct, own or
operate an electric plant under the provisions of KRS 96.550 to 96.900 shall be
unable to contract with the owner of any land, easement, right of way, electric
plant, or any facilities or property needed by such board for its use for the
purposes thereof and desires to exercise the right of eminent domain, the
board shall proceed to condemn the property pursuant to the Eminent Domain
Act of Kentucky except that, in lieu of determining the award to the owners in
the manner prescribed in KRS 416.580(1) the commissioners shall ascertain
and determine the value of the property taken; the value of real estate, tangible
personal property, intangible property and franchises, if any such value is
found to exist, shall be determined and stated separately in their report; and
they shall also award damages, if any, resulting to the remainder of the electric
plant or system of the owner, considering the purposes for which the property
is taken, and the amount of said damages, if any, shall be stated separately in
their report. The jury award shall be made in this manner rather than in the
manner prescribed in KRS 416.660(1).
Notwithstanding the provisions of subsection (1) of this section, when the
owner of any land, easement, right of way or facility to be acquired by exercise
of the right of eminent domain is not a utility, the award to the owners thereof
shall be determined pursuant to the Eminent Domain Act of Kentucky.
Effective:July 13, 1984
History: Amended 1984 Ky. Acts ch. 83, sec. 1, effective July 13, 1984. -Amended 1976 Ky. Acts ch. 140, sec. 47. -- Amended 1974 Ky. Acts ch. 386,
sec. 23. -- Amended 1970 Ky. Acts ch. 92, sec. 20. -- Amended 1952 Ky. Acts
ch. 84, sec. 61, effective July 1, 1953. -- Created 1942 Ky. Acts ch. 18, sec. 4.
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