HB 819 (BR 2460) - M. Bowling
AN ACT relating to eminent domain.
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 416.570, relating to the filing of a petition under the Eminent Domain Act, to require the petition to include a statement that a good-faith determination of fair market value has been completed for the condemnor on the property to be condemned; amend KRS 416.600, relating to filing an answer under the Eminent Domain Act, to delete references to the court examining the report of master commissioners and to delete references to compensation awarded by master commissioners; establish a new process to be used if property owners appeal a decision to condemn their land and the fair market value of the land; amend KRS 416.620, relating to trial of exceptions to interlocutory judgment under the Eminent Domain Act, to prohibit the person who determined the fair market value of the land condemned from being called as a witness in a jury trial and prohibit the jury from being informed of the fair market value of the property; amend KRS 416.540, relating to definitions for the Eminent Domain Act, KRS 416.590, relating to issuing summons under the Eminent Domain Act, KRS 416.640, relating to conflicting claimants to condemned land under the Eminent Domain Act, KRS 416.660, relating to standards for determining compensation under the Eminent Domain Act, and KRS 96.600, relating to municipal utilities' procedures for condemnation, to conform; repeal KRS 416.580, relating to the appointment, compensation, and duties of master commissioners under the Eminent Domain Act.
Mar 3-introduced in House
Mar 4-to Judiciary (H)
Mar 9-posting waived