98RS HB817


Unofficial WWW Version

HB 817 (BR 2463) - M. Bowling

     AN ACT relating to eminent domain.
     Amend KRS 176.070, relating to the department of highways advertising for bids, to allow rather than require the department to advertise for bids on highway projects before the right-of-way has been obtained; permit the department to purchase materials for construction after the right-of-way has been obtained; amend KRS 177.081, relating to the authority of the department of highways to condemn land, to ease the restrictions placed on the department and make it easier for the department to condemn and take property for a highway project; require a property owner challenging the department's right to take the property to post a bond in an amount equal to the fair market value of his property; amend KRS 416.560, relating to the initiation of condemnation proceedings under the Eminent Domain Act, to prohibit the Commonwealth and any of its departments or agencies from being charged court filing fees in a condemnation case; provide that if parties cannot agree to the amount of damage sustained to the property, the property owner may request an administrative hearing under KRS Chapter 13B to determine the amount of damage; amend KRS 416.540, relating to definitions for the Eminent Domain Act, KRS 416.590, relating to issuing summons under the Eminent Domain Act, and KRS 416.660, relating to standards for determining compensation under the Eminent Domain Act, to conform.

     Mar 3-introduced in House
     Mar 4-to Judiciary (H)
     Mar 9-posting waived

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