The University of Kentucky [1] Cooperative Extension Service describes eminent domain:
“Eminent domain, as defined by the Kentucky Eminent Domain Act of 1976, means the right of the Commonwealth to take land for a public purpose, and shall include the right of private persons, corporations, or business entities, to do so under authority of law. In essence, eminent domain allows for a government entity to take private property for the public good, as long as just compensation is provided to the landowner.”
The term “condemn” or “condemnation” is a process to take private property for a public purpose under the right of eminent domain.
PROPOSED CHANGES TO KENTUCKY LAW
In the state of Kentucky, House Bill 168 [2], known as “The Kentucky Landowner’s Bill of Rights,” proposes that Section 242 of the Constitution of Kentucky be amended to read as follows:
“Only the government shall possess the power of eminent domain, with the General Assembly establishing by general law those units of state and local government which may exercise this power. The General Assembly may also authorize a unit of state or local government to take, injure, or destroy property for the benefit of or subsequent transfer to a nongovernmental entity if the action meets the requirements of Section 13 of this Constitution and the nongovernmental entity bears the cost of the court judgment. The government shall make just compensation for property taken, injured or destroyed by it; which compensation shall be paid before such taking, or paid or secured, at the election of the condemnor, before such injury or destruction. The General Assembly shall not deprive any person of an appeal from any preliminary assessment of damages made by Commissioners or otherwise; and upon appeal from such preliminary assessment, the amount of such damages shall, in all cases, be determined by a jury, according to the course of the common law.”
This bill, which was introduced on January 6, 2016, would better protect the rights of Kentucky landowners.
Contact an Experienced Kentucky Condemnation Attorney for Assistance
Many people do not understand the laws concerning condemnation. If you receive a condemnation notice, determining the amount of compensation to which you are entitled can be complicated and the skilled Kentucky condemnation attorneys at the law office of Sever Storey, LLP can assist you in calculations, negotiations, and more. Please call today at 888-318-3761 for help.
References:
[1] http://www2.ca.uky.edu/forestryextension/publications/fs9910.pdf
[2] https://legislature.ky.gov/Pages/index.aspx
