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148.121 Condemnation of land designated by United States for parks -- Procedure.
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The commission may condemn any land or any interest in land within areas
designated by the United States for park sites. Condemnation proceedings shall be
exercised in accordance with the Eminent Domain Act of Kentucky. No
condemnation proceedings shall impose on the state any liability for which
provision has not previously been made. The commission shall also pay the
expenses of condemnation proceedings, judgments and awards in condemnation
proceedings, and other expenses necessary to acquire property.
The action shall be brought in the Circuit Court where the property lies by the
Attorney General, and the county attorney of that county at the direction of the
Attorney General shall assist in the prosecution of said action.
It shall not be mandatory for the commission to take the property at the price fixed
by the jury or court judgment. However, in case the commission does not take the
property, and perform all requirements of the judgment rendered by the court, then
and in that event said commission shall pay the property owner all expenses as he
may have incurred incident to the law suit, including attorney's fees, and the
property owner may have judgment in the original action upon filing proper proof
thereof with the court.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 160, effective January
2, 1978. -- Created 1964 Ky. Acts ch. 157, sec. 14.
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