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VIEWS: 4 PAGES: 63

									     UNOFFICIAL COPY AS OF 07/02/11                          07 REG. SESS.         07 RS BR 1318



            AN ACT relating to eminent domain.

     Be it enacted by the General Assembly of the Commonwealth of Kentucky:
 1          Section 1. KRS 58.140 is amended to read as follows:

 2   In the event a governmental agency is unable to acquire, by purchase or agreement, any

 3   real property deemed necessary for[ the purposes of a] public uses[project], such agency

 4   may acquire the same by condemnation. The procedure for condemnation shall be as

 5   provided in the Eminent Domain Act of Kentucky.

 6          Section 2. KRS 67.085 is amended to read as follows:
 7   Whenever the fiscal court of any county deems it to be in the best interest of the county to

 8   acquire the fee simple title to any real property within such county for any public

 9   use[administrative or governmental purpose] in addition to those now provided for by

10   law, and the fiscal court is unable to contract with the owner of the land[,] required for

11   such public use[purpose,] for its purchase or to acquire the same by gift, the land may be

12   condemned under the procedure set forth in the Eminent Domain Act of Kentucky, and

13   said fiscal court may appropriate funds to pay for said real property.

14          Section 3. KRS 80.150 is amended to read as follows:

15   If it becomes necessary to acquire[condemn] property for the purpose of constructing any

16   housing that an authority may be permitted to acquire, establish, and operate under KRS

17   80.020(1), or securing rights of way leading thereto, the authority may, by resolution

18   reciting the need, acquire, without condemnation,[order the condemnation of] any land

19   or improvement or interest in land, that it deems necessary.[ Proceedings for the

20   condemnation shall be in the Circuit Court of the county in which the property lies, and

21   shall be conducted in the name of the authority. The city attorney shall conduct the

22   proceedings for the authority. The judgment of the court shall vest title in fee simple to

23   the property condemned in the authority. In all other respects the form and manner of the
24   proceedings shall be the same as that provided in the Eminent Domain Act of Kentucky.]

25   No payment[ or award in any condemnation proceedings, or] for the cost or expense of

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 1   the acquisition[proceedings,] shall be made except from funds provided under the

 2   authority of this chapter.

 3          Section 4. KRS 80.540 is amended to read as follows:

 4   An authority shall have the right to acquire by condemnation any real property which it

 5   may deem necessary for public uses[its purposes] under KRS 80.320 to 80.610 after the

 6   adoption by it of a resolution declaring that the acquisition of the real property described

 7   therein is necessary for public uses[such purposes]. Proceedings for such condemnation

 8   shall be in accordance with the Eminent Domain Act of Kentucky and shall be conducted
 9   in the name of the authority by the attorney designated by the authority, and the judgment

10   of the court shall vest title in fee simple to the property condemned in the authority.

11          Section 5. KRS 82.082 is amended to read as follows:

12   (1)    A city may exercise any power and perform any function within its boundaries,

13          including the power of eminent domain in accordance with the provisions of the

14          Eminent Domain Act of Kentucky, that is in furtherance of a public use[purpose] of

15          the city and not in conflict with a constitutional provision or statute.

16   (2)    A power or function is in conflict with a statute if it is expressly prohibited by a

17          statute or there is a comprehensive scheme of legislation on the same general

18          subject embodied in the Kentucky Revised Statutes including, but not limited to, the

19          provisions of KRS Chapters 95,[ and] 96, and 416.

20          Section 6. KRS 82.110 is amended to read as follows:

21   (1)    A city may acquire by purchase, exercise of the power of eminent domain for a

22          public use, option or lease, and may accept by way of grant, gift, devise or

23          otherwise, a fee simple unencumbered title to, or any lesser interest in, lands which

24          are suitable for and acceptable to a governmental agency as a site or sites for one or

25          more governmental projects.
26   (2)    In addition to such acquisition, a city may improve such lands in any manner which

27          in the discretion of the governing body may be necessary or desirable to place the

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 1          same in condition suitable and acceptable for use and occupancy, including, but not

 2          by way of limitation, demolition of existing buildings or structures, removal of

 3          debris, grading, provision of proper drainage, closure of public ways, establishment

 4          and improvement of new public ways, relocation and improvement of existing

 5          public ways, relocation of publicly or privately owned utility installations, erection

 6          of buildings, structures and other improvements, and extension of the services and

 7          facilities of any city-owned utility system to any such site or sites.

 8          Section 7. KRS 82.180 is amended to read as follows:
 9   Whenever any property authorized to be acquired under KRS 82.105 to 82.120 cannot be

10   acquired by purchase upon terms which a city, or an agency thereof designated to act for

11   it, deems to be reasonable, or whenever the owner is[ legally incapacitated,] absent,

12   unknown, or unable to convey valid title, the city, or the agency acting therefor, is hereby

13   authorized and empowered to acquire such property by condemnation or the exercise of

14   the power of eminent domain in the manner prescribed by the Eminent Domain Act of

15   Kentucky.

16          Section 8. KRS 99.010 is amended to read as follows:

17   (1)    The following terms, whenever used or referred to in KRS 99.010 to 99.310 shall,

18          unless a different intent clearly appears from the context, be construed as follows:

19          (a)     "Area" means a portion of a city which a planning commission has found or

20                  shall find to be substandard or insanitary, so that the clearance, replanning,

21                  rehabilitation or reconstruction thereof is necessary or advisable to effectuate

22                  the public purposes declared in KRS 99.020. An area may include any

23                  buildings or improvements not in themselves substandard or insanitary, and

24                  any real property, whether improved or unimproved, the inclusion of which is

25                  deemed necessary for the effective clearance, replanning, reconstruction or
26                  rehabilitation of the area of which such buildings, improvements or real

27                  property form a part.

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 1          (b)     "City" means and is deemed to relate to any city of the first or second class in

 2                  the Commonwealth of Kentucky.

 3          (c)     "Development" means a specific work, repair or improvement to put into

 4                  effect a development plan. The term includes the real property, buildings, and

 5                  improvements owned, constructed, managed, or operated by a redevelopment

 6                  corporation.

 7          (d)     "Development area" means that portion of an area to which a development

 8                  plan is applicable.
 9          (e)     "Development cost" means the amount determined by the supervising agency

10                  to be the actual cost of the development, or of the part thereof for which such

11                  determination is made, and includes, among other costs, the reasonable costs

12                  of planning the development, including preliminary studies and surveys,

13                  neighborhood planning, and architectural and engineering services, the

14                  reasonable value of the services performed by or for the incorporators of a

15                  redevelopment corporation in connection with the development plan prior to

16                  the time when the redevelopment corporation was incorporated or became a

17                  redevelopment corporation, fees for acquisition costs, the costs of financing

18                  the development, including carrying charges during construction, working

19                  capital in an amount not exceeding five percent (5%) of development cost, the

20                  actual cost of real property or any part thereof where acquired partly or wholly

21                  in exchange for securities, then, an amount which shall be approved by the

22                  supervising agency as being equal to the reasonable value of the real property

23                  acquired therefor, the actual cost of demolition of existing structures, the

24                  actual cost of utilities, landscaping and roadways, the actual cost of

25                  construction, equipment and furnishing of buildings and improvements,
26                  including architectural, engineering and builder's fees, the actual cost of

27                  reconstruction, rehabilitation, remodeling or initial repair of existing buildings

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 1                  and improvements, reasonable management and operation costs until the

 2                  development is ready for use, and the actual cost of improving that portion of

 3                  the development area which is to remain as open space, together with such

 4                  additions to development cost as shall equal the actual cost of additions to or

 5                  changes in the development in accordance with the original development plan

 6                  or after approved changes in or amendments thereto.

 7          (f)     "Development plan" means a plan for the redevelopment of all or any part of

 8                  an area, and includes any amendments thereto approved in accordance with
 9                  the requirements of KRS 99.070.

10          (g)     "Local legislative body" means the board of aldermen or other board or body

11                  vested by the charter of the city or other law with jurisdiction to adopt or enact

12                  ordinances or local laws.

13          (h)     "Mortgage" means a mortgage, trust indenture, deed of trust, building and loan

14                  contract or other instrument creating a lien on real property, and the

15                  indebtedness secured by each of them.

16          (i)     "Neighborhood unit" means a primarily residential district having the facilities

17                  necessary for well-rounded family living, such as schools, parks, playgrounds,

18                  parking areas and local shopping districts.

19          (j)     "Planning commission" means the official bureau, board, planning and zoning

20                  or other commission or agency of the city or city and county authorized to

21                  prepare, adopt and amend or modify plans for the development and

22                  improvement of the city generally.

23          (k)     "Supervising agency" means the director of finance or such other person or

24                  city agency as may be authorized by the local legislative body under KRS

25                  99.090.
26          (l)     "Real property" includes lands, buildings, improvements, land under water,

27                  waterfront property, and any and all easements, franchises and hereditaments,

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 1                  corporeal or incorporeal, and every estate, interest, privilege, easement,

 2                  franchise and right therein, or appurtenant thereto, legal or equitable,

 3                  including rights of way, terms for years and liens, charges, or encumbrances

 4                  by mortgage, judgment or otherwise.

 5          (m) "Redevelopment" means the clearance, replanning, reconstruction, or

 6                  rehabilitation of a substandard or insanitary area, and the provision of such

 7                  industrial, commercial, residential or public structures and spaces as may be

 8                  appropriate, including recreational and other facilities incidental or
 9                  appurtenant thereto.

10          (n)     "Redevelopment corporation" means a corporation organized pursuant to the

11                  corporation laws of the Commonwealth of Kentucky whose articles of

12                  incorporation shall comply with the requirements of KRS 99.100 to 99.130.

13          (o)     "State" means the Commonwealth of Kentucky.

14   (2)    "Owner"[ as used in KRS 99.220 to 99.240,] includes a person having an estate,

15          interest or easement in the real property to be acquired or a lien, charge or

16          encumbrance thereon.

17          Section 9. KRS 99.140 is amended to read as follows:

18   No redevelopment corporation shall:

19   (1)    Undertake any clearance, reconstruction, improvement, alteration or construction in

20          connection with any development until the certificates of approval required by KRS

21          99.040 to 99.060 have been issued;

22   (2)    Change, alter, amend, add to or depart from the development plan until the planning

23          commission or the supervising agency, as the case may be, has issued a certificate

24          of approval of that portion of such change, alteration, amendment, addition or

25          departure relevant to the finding required to be made by it as set forth in KRS
26          99.070;

27   (3)    After a development has been commenced, sell, transfer or assign any real property

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 1          in the development area without first obtaining the consent of the planning

 2          commission and the supervising agency;

 3   (4)    Undertake more than one (1) development;

 4   (5)    Pay dividends, if any, except out of net earnings;

 5   (6)    Pay as compensation for services to, or enter into contracts for the payment of

 6          compensation for services to, its officers or employees in an amount greater than the

 7          limit thereon contained in the development plan, or in default thereof, then in an

 8          amount greater than the reasonable value of the services performed or to be
 9          performed by such officers or employees;

10   (7)    Lease an entire building or improvement in the development area to any person or

11          corporation without obtaining the approval of the supervising agency, which may be

12          withheld only if the lease is being made for the purpose of evading the regulatory

13          provisions of KRS 99.010 to 99.310;

14   (8)    Mortgage any of its real property without obtaining the approval of the planning

15          commission and the supervising agency;

16   (9)    Make any guarantee without obtaining the approval of the supervising agency;

17   (10) Dissolve without obtaining the approval of the supervising agency, which may be

18          given upon such conditions as the supervising agency may deem necessary or

19          appropriate to the protection of the interest of the city in the proceeds of the sale of

20          the real property acquired[ by condemnation as provided in KRS 99.120], such

21          approval to be indorsed on the certificate of dissolution and such certificate not to

22          be filed in the Department of State in the absence of such indorsement; or

23   (11) Reorganize without obtaining the approval of the supervising agency.

24          Section 10. KRS 99.210 is amended to read as follows:

25   (1)    A redevelopment corporation may, whether before or after the certificates of
26          approval of its development plan required by KRS 99.040 to 99.060 have been

27          issued, acquire real property or secure options in its own name or in the name of

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 1          nominees to acquire real property, by gift, grant, lease, purchase or otherwise, but

 2          not by eminent domain.

 3   (2)[ Such city may, upon request by a redevelopment corporation, and after a certificate

 4          of approval of condemnation with respect to the real property in question has been

 5          issued pursuant to KRS 99.220, acquire, or obligate itself to acquire, for such

 6          redevelopment corporation, any real property included in such certificate of

 7          approval of condemnation, by condemnation. Real property acquired by such city

 8          for a redevelopment corporation shall be conveyed by such city to the
 9          redevelopment corporation upon payment to the city of all sums expended or

10          required to be expended by the city in the acquisition of such real property.

11   (3)] In connection with the activities and projects of redevelopment corporations, the

12          city may apply for, receive, and accept grants-in-aid, gifts, credits, and all other aid

13          and in all forms, whether similar to or dissimilar from those particularly

14          enumerated, from the federal government, which embraces the United States of

15          America, its agencies and instrumentalities, or from the Commonwealth of

16          Kentucky, its agencies and instrumentalities or from both, under such lawful

17          contracts, terms, and conditions, as may be agreed upon.

18   (3)[(4)]       In order to further the accomplishment of the purposes of KRS 99.010 to

19          99.310, and in addition to the powers heretofore or which may hereafter be granted

20          to it, the city may, as an alternate method of acquiring by gift or[,] purchase[, or

21          condemnation,] and selling and transferring real property to a redevelopment

22          corporation, by ordinance or ordinances, proceed as follows:

23          (a)     From time to time designate an area within such city as under consideration

24                  for development under the provisions of KRS 99.010 to 99.310 and provide

25                  for consultation with and aid from any and all city departments, commissions,
26                  officers, employees, agencies, and instrumentalities, relating to the initiation

27                  of the project.

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 1          (b)     Apply for and receive gifts, grants, credits, and obtain loans for the

 2                  accomplishment of each development or developments generally, and obligate

 3                  such city to supervise the application of such funds for such purpose or

 4                  purposes, and also accept gifts, grants, conveyances and leaseholds within

 5                  such area or areas, and to provide funds, where necessary, to obtain gifts,

 6                  grants, credits or loans from the federal government, its agencies and

 7                  instrumentalities, or from the Commonwealth of Kentucky, its agencies and

 8                  instrumentalities, or from both or any other agency under such lawful
 9                  contracts, terms and conditions as may be agreed upon.

10          (c)     Appropriate funds acquired under paragraph (b) or by taxation for the

11                  acquisition of all or any part or parts of the property in each such area for

12                  development under KRS 99.010 to 99.310 by purchase, but not[ and] by

13                  condemnation, and for the clearance of all or any part or parts of the property

14                  owned by or thus acquired by such city. Such acquisition[condemnation] shall

15                  be under the provisions of KRS 99.010 to 99.310[, but the city may waive

16                  request for condemnation or deposit or obligation to furnish the funds, as set

17                  out in KRS 99.230].

18          (d)     Advertise for the submission of development plans for such designated area

19                  by a redevelopment corporation under the provisions of KRS 99.010 to

20                  99.310, application therefor to be accompanied by a bid for such lands and

21                  estates therein as the city owns or may obligate itself to purchase, or otherwise

22                  acquire by means other than condemnation, and lease, sublease, sell, or

23                  convey to the redevelopment corporation, provided a plan is submitted and is

24                  finally accepted and approved under the provisions of KRS 99.010 to 99.310.

25                  If more than one (1) plan and bid is submitted for any one (1) project thus
26                  advertised, then the plan and bid that together would prove most beneficial to

27                  the city in accomplishing the purposes of KRS 99.010 to 99.310 shall be

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 1                  submitted for approval under the terms of KRS 99.010 to 99.310, but the city

 2                  may reject any and all applications, bids and plans. Said city shall be the sole

 3                  judge as to which plan is the most beneficial. Such advertisement shall clearly

 4                  describe the area under consideration for development, the part or parts

 5                  thereof owned by the city or which it will acquire, and the estates in each

 6                  parcel that is being offered for sale, the terms and conditions, and shall be

 7                  published pursuant to KRS Chapter 424.

 8          (e)     The terms of the bid for such land or lands or leaseholds may be for all cash,
 9                  or part cash and part on time, or all on time, with or without interest, and with

10                  or without lien retained. Any term of payment shall not be for a period

11                  exceeding five (5) years from date of completion of the project.

12          (f)     As a further inducement, the terms of the bid may provide for a discount not

13                  exceeding ten percent (10%) a year on such bid for each year, not exceeding

14                  five (5), in event the development during each such year is in accordance with

15                  the development plan.

16          Section 11. KRS 99.250 is amended to read as follows:

17   (1)    When title to real property has vested in a redevelopment corporation or city by gift,

18          grant, devise, purchase or otherwise,[ or in the city by condemnation proceedings or

19          otherwise,] the redevelopment corporation or city, as the case may be, may agree

20          with the previous owners of such property, or any tenants continuing to occupy or

21          use it, or any other persons who may occupy or use or seek to occupy or use such

22          property, that such former owner, tenant or other person may occupy or use such

23          property upon the payment of a fixed sum of money for a definite term or upon the

24          payment periodically of an agreed sum of money. Such occupation or use shall not

25          be construed as a tenancy from month to month, nor require the giving of notice by
26          the redevelopment corporation or the city, as the case may be, for the termination of

27          such occupation or use or the right to such occupation or use, but immediately upon

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 1          the expiration of the term for which payment has been made the redevelopment

 2          corporation or city, as the case may be, shall be entitled to possession of the real

 3          property and may maintain summary proceedings by forcible detainer or otherwise,

 4          and shall be entitled to such other remedy as may be provided by law for obtaining

 5          immediate possession thereof. A former owner, tenant or other person occupying or

 6          using such property shall not be required to give notice to the redevelopment

 7          corporation or city, as the case may be, at the expiration of the term for which he

 8          has made payment for such occupation or use, as a condition to his cessation of
 9          occupation or use and termination of liability therefor.

10   (2)    In the event that a city has acquired real property for a redevelopment corporation,

11          the city shall, in transferring title to the redevelopment corporation, deduct from the

12          consideration or other moneys which the redevelopment corporation has become

13          obligated to pay to the city for such purpose, and credit the redevelopment

14          corporation with, the amounts received by the city as payment for temporary

15          occupation and use of the real property by a former owner, tenant, or other person,

16          as in this section provided, less the cost and expense incurred by the city for the

17          maintenance and operation of such real property.

18          Section 12. KRS 99.360 is amended to read as follows:

19   (1)    Each agency created for the purpose of KRS 99.330 to 99.510 shall constitute a

20          public body, corporate and politic, exercising public and essential governmental

21          functions, and shall have the following powers in addition to the others granted:

22          (a)     To sue and be sued; to have a seal; to make and execute contracts and other

23                  instruments necessary or convenient to the exercise of its powers;

24          (b)     To make, and from time to time amend and repeal bylaws, rules and

25                  regulations not inconsistent with KRS 99.330 to 99.510 to carry into effect the
26                  powers and purposes thereof;

27          (c)     To select and appoint such officers, agents, counsel and employees, permanent

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 1                  and temporary, as it may require, and determine their qualifications, duties and

 2                  compensation, subject, however, to the provision of its budget;

 3          (d)     Within its area of operation, for purposes of redevelopment within the

 4                  development area, to purchase, lease, obtain option upon, acquire by gift,

 5                  grant, bequest, devise or otherwise, but not by condemnation, any real or

 6                  personal property, or any interest therein, together with any improvements

 7                  thereon;[ to acquire by the exercise of the power of eminent domain any real

 8                  property;] to clear any and all buildings, structures or other improvements
 9                  from any real property so acquired and to dispose of any personal property

10                  resulting therefrom; to sell, lease, exchange, subdivide, transfer, assign,

11                  pledge, encumber (by mortgage, deed of trust or otherwise), or otherwise to

12                  dispose of any real or personal property or any interest therein at its fair value

13                  for uses in accordance with the development plan, irrespective of the cost of

14                  acquiring and preparing real property for redevelopment; to insure or provide

15                  for the insurance of any real or personal property or operation of the agency

16                  against risks or hazards; and pursuant to the provisions of KRS 99.450 to rent,

17                  maintain, manage, operate, and repair such real property;

18          (e)     To borrow from and to accept loans and grants from the federal government or

19                  any agency thereof, or from any sources, public or private, for the purposes of

20                  KRS 99.330 to 99.510, and to pledge such security as may be required; an

21                  agency, notwithstanding the provisions of any other law, may include in any

22                  contract for financial assistance with the federal government any conditions

23                  which the federal government may attach to its financial aid of a

24                  redevelopment project, not inconsistent with the purposes of KRS 99.330 to

25                  99.510;
26          (f)     Within its area of operation, to develop as a building site or sites, any real

27                  property owned or acquired by it, and in this connection to cause streets and

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 1                  highways to be laid out and graded, and pavements or other road surfacing,

 2                  sidewalks and curbs, and public utilities of every kind to be constructed and

 3                  installed, or to close any streets according to the development plan;

 4          (g)     Within its area of operation, to prepare from time to time plans for the

 5                  improvement or rehabilitation of slum and blighted areas; to make,

 6                  periodically, investigations and surveys pertaining to slum clearance and

 7                  urban redevelopment;

 8          (h)     To invest any funds held in reserves or sinking funds or any funds not required
 9                  for immediate disbursement, in property or securities in which savings banks

10                  may legally invest funds subject to their control; to purchase its bonds at a

11                  price not more than the principal amount thereof and accrued interest, all

12                  bonds so purchased to be canceled;

13          (i)     To obligate lessees or purchasers of land acquired in a redevelopment project:

14                  To use such land for the purpose designated in the development plan; to begin

15                  the building of specified improvements within a period of time which the

16                  agency fixes as reasonable; and to comply with such other conditions as in the

17                  opinion of the agency are necessary to carry out the purposes of KRS 99.330

18                  to 99.510; the agency, by provision in the contract, deed or lease may make

19                  any of the purchaser's obligations covenants or conditions running with the

20                  land, whose breach shall cause the fee to revert to the agency;

21          (j)     To exercise all or any part or combination of the powers herein granted; and

22          (k)     To expend public funds for the rehabilitation of private property within the

23                  agency's area of operation through loans or grants to the owners or occupants

24                  of such property.

25   (2)    Nothing contained in this section shall authorize such agency to construct any of the
26          buildings for residential, commercial, industrial or other use contemplated by the

27          development plan.

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 1          Section 13. KRS 99.370 is amended to read as follows:

 2   No agency may acquire title to any land by eminent domain for the purpose of carrying

 3   out a development plan. In other acquisitions,[ unless] the following conditions shall

 4   be[have been] met:

 5   (1)    A general or master plan of the community has been adopted by the planning

 6          commission of the community.

 7   (2)    A development plan for the proposed development area has been approved by the

 8          planning commission of the community and has been made available for public
 9          inspection. The development plan shall designate, among other things, the location,

10          character and extent of the public and private land ownership and uses proposed

11          within the area, such as street, sewer, public transportation, school, recreation,

12          dwelling, business, industry and such others as may be suitable. The development

13          plan may be made by the agency, or at the request of the agency or at the direction

14          of the council, be prepared by the planning commission of the community.

15   (3)    A public hearing held by the agency on the redevelopment project, whereat an

16          opportunity shall be afforded to all persons interested to be heard, either in person

17          or by counsel. Notice of such hearings shall be published pursuant to KRS Chapter

18          424. Notices of the hearing shall be mailed at least ten (10) days before the hearing,

19          to the last known owner of each parcel of land in the development area at the last

20          known address of such owner as shown by the records of the assessor and shall

21          contain a description of the proposed development area by its location in relation to

22          highways, streets, streams or otherwise. Such notices shall further state that maps,

23          plats and particular description of the development plan, together with such zoning

24          maps and ordinances as may relate thereto, are available for public inspection at a

25          place to be designated in such notice. The failure of any owner to receive a copy of
26          such notice shall not invalidate the proceedings of the agency.

27   (4)    A finding has been made by the agency that there is a feasible method for the

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 1          temporary or permanent relocation of families displaced from the development area,

 2          and that there are, or are being provided, in the development area or in other areas

 3          not less desirable in regard to public utilities and public and commercial facilities

 4          and at rents or prices within the financial means of the families displaced from the

 5          development area decent, safe, and sanitary dwellings for such displaced families.

 6   (5)    After public hearing, the agency has made and certified to the council the

 7          development plan and an estimate of the cost required of the community for the

 8          redevelopment of such area, for the guidance of the council in providing funds
 9          therefor, an estimate of the total cost of such redevelopment including an estimate

10          of the cost of appraisals, the value of the real estate, and any other costs and

11          expenses which, in the judgment of the agency may be incurred by the agency in the

12          exercise of the powers granted in KRS 99.330 to 99.510, and an estimate of the

13          revenue from the sale or lease of the property after demolition and conditioning for

14          redevelopment, and the amount of deficit, if any, which is expected to be incurred.

15   (6)    A finding has been made by the council:

16          (a)     That the area is a slum area or that all the following conditions exist:

17                  1.   That the area is a blighted area as defined in KRS 99.705;

18                  2.   That a shortage of housing of sound standards and design adequate for

19                       family life exists in the community;

20                  3.   That the need for housing accommodations has been or will be increased

21                       as a result of the demolition of residential units in slum areas under

22                       development plans; and

23                  4.   That the conditions of blight in the area and the shortage of decent, safe,

24                       and sanitary housing in the community cause or contribute to an increase

25                       in and spread of disease and crime and constitute a menace to the public
26                       health, safety, and welfare;

27          (b)     That the development plan will afford maximum opportunity consistent with

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 1                  the sound needs of the community as a whole for the redevelopment of the

 2                  development area by private enterprise;

 3          (c)     That the development plan conforms to the general or master plan for the

 4                  development of the community as a whole; and

 5          (d)     That federal assistance is necessary to enable the development area to be

 6                  redeveloped in accordance with the development plan and funds will be

 7                  available for the community share of the cost as required by the Housing Act

 8                  of 1949 or other federal acts providing federal financial assistance, or that
 9                  federal financial assistance is not necessary and all funds will be available

10                  from other sources;

11   (7)    The council has approved the development plan.

12          Section 14. KRS 99.550 is amended to read as follows:

13   An agency shall have all the powers necessary or convenient to undertake and carry out

14   urban renewal plans and urban renewal projects, including the authority to acquire and

15   dispose of property, to issue bonds and other obligations, to borrow and accept grants

16   from the federal government or other source and to exercise the other powers which KRS

17   99.330 to 99.510 confer on an agency with respect to redevelopment projects, but the

18   agency shall not have the power of eminent domain. In connection with the planning

19   and undertaking of any urban renewal plan or urban renewal project, the agency, the

20   community, and all public and private officers, agencies, and bodies shall have all the

21   rights, powers, privileges, and immunities which they have with respect to a development

22   plan or redevelopment project, in the same manner as though all of the provisions of KRS

23   99.330 to 99.510 applicable to a development plan or redevelopment project were

24   applicable to an urban renewal plan or urban renewal project; Provided That for such

25   purpose the word "redevelopment" as used in KRS 99.330 to 99.510 and KRS 99.520 to
26   99.590, except in this section and in the definition of "redevelopment project" in KRS

27   99.340, shall mean "urban renewal," the words "slum area" and the words "blighted area"

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 1   as used in KRS 99.330 to 99.510 and KRS 99.520 to 99.590, except in this section and in

 2   the definitions in subsections (1) and (2) of KRS 99.340, shall mean "blighted,

 3   deteriorated, or deteriorating area," and the finding prescribed in KRS 99.370 with respect

 4   to a slum area or blighted area shall not be required; Provided further That any disaster

 5   area, referred to in KRS 99.530, shall constitute a "blighted area"; and Provided further

 6   That this section shall not change the corporate name of the agency or amend any section

 7   of KRS 99.330 to 99.510. In addition to the surveys and plans which an agency is

 8   otherwise authorized to make, an agency is hereby specifically authorized to make (1)
 9   plans for carrying out a program of voluntary repair and rehabilitation of buildings and

10   improvements, (2) plans for the enforcement of laws, codes, and regulations relating to

11   the use of lands and the use and occupancy of buildings and improvements, and to the

12   compulsory repair, rehabilitation, demolition, or removal of buildings and improvements,

13   (3) plans for the relocation of persons, including families, business concerns and others,

14   displaced by an urban renewal project, (4) preliminary plans outlining urban renewal

15   activities for neighborhoods to embrace two (2) or more urban renewal areas, and (5)

16   preliminary surveys to determine if the undertaking and carrying out of an urban renewal

17   project are feasible. The agency is authorized to make relocation payments to or with

18   respect to persons, including families, business concerns and others, displaced by an

19   urban renewal project, for moving expenses and losses of property for which

20   reimbursement or compensation is not otherwise made, including the making of such

21   payments financed by the federal government. The agency also is authorized to develop,

22   test, and report methods and techniques, and carry out demonstrations and other activities,

23   for the prevention and the elimination of slums and urban blight.

24          Section 15. KRS 99.565 is amended to read as follows:

25   The council of any community, whose agency has received certification of availability of
26   federal funds pursuant to section 101(c) of the National Housing Act of 1949, as amended

27   may authorize the agency to acquire, by[ eminent domain,] purchase, gift, grant, devise or

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 1   otherwise, but not by eminent domain, any real property in the development area or

 2   urban renewal area without regard to the conditions, restrictions, or provisions set forth in

 3   KRS 99.370, or any other section of this chapter; if it finds by resolution that it is

 4   desirable and feasible to obtain federal financial assistance authorized by section 403 of

 5   the Housing Act of 1959 in acquiring such real property, and to sell, grant and convey any

 6   such real property if by resolution the agency consents to the disposal thereof.

 7          Section 16. KRS 99.680 is amended to read as follows:

 8   A price advisory council is hereby established in each agency which shall be entirely
 9   separate from the board of commissioners. Said price advisory council shall consist of

10   seven (7) persons, two (2) or more of whom shall be licensed real estate appraisers, who

11   shall be appointed for terms of four (4) years in the same manner provided herein for

12   appointment of commissioners. Said price advisory council shall be required to pass upon

13   the propriety of all proposed prices fixed for either purchase or sale of any real estate.

14          Section 17. KRS 99.700 is amended to read as follows:

15   (1)    It is hereby found:

16          (a)     That there exists in many cities and in counties containing a city of the first

17                  class or consolidated local government in this Commonwealth blighted and

18                  deteriorated properties in neighborhoods which cause the deterioration of

19                  those and contiguous neighborhoods and constitute a serious and growing

20                  menace which is injurious to the public health, safety, morals, and general

21                  welfare of the residents of the Commonwealth, and are beyond remedy and

22                  control solely by regulatory process in the exercise of the police power;

23          (b)     That the existence of blighted and deteriorated properties within

24                  neighborhoods, and the growth and spread of blight and deterioration or the

25                  threatened deterioration of other neighborhoods and properties:
26                  1.   Contribute substantially and increasingly to the spread of disease and

27                       crime, and to losses by fire and accident;

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 1                  2.   Necessitate expensive and disproportionate expenditures of public funds

 2                       for the preservation of the public health and safety, for crime prevention,

 3                       correction, prosecution, and punishment, for the treatment of juvenile

 4                       delinquency, for the maintenance of adequate police, fire and accident

 5                       protection, and for other public services and facilities;

 6                  3.   Constitute an economic and social liability;

 7                  4.   Substantially impair or arrest the sound growth of the community;

 8                  5.   Retard    the   provision   of   decent,    safe,   and     sanitary housing
 9                       accommodations;

10                  6.   Depreciate assessable values;

11                  7.   Cause an abnormal exodus of families from these neighborhoods; and

12                  8.   Are detrimental to the health, the well-being, and the dignity of many

13                       residents of these neighborhoods;

14          (c)     That this menace cannot be effectively dealt with by private enterprise without

15                  the aids provided herein; and

16          (d)     That the benefits which would result from eliminating the blighted properties

17                  that cause the blight and deterioration of neighborhoods will accrue to the

18                  inhabitants of the neighborhoods in which these conditions exist and to the

19                  inhabitants of this Commonwealth generally.

20   (2)    It is hereby declared:

21          (a)     That it is the policy of this Commonwealth to protect and promote the health,

22                  safety, and welfare of the people of the Commonwealth by eliminating the

23                  blight and deterioration of neighborhoods through the elimination of blighted

24                  and deteriorated properties within these neighborhoods;

25          (b)     That the elimination of such blight and deterioration and the preparation of the
26                  properties for sale or lease, for development or redevelopment, constitute a

27                  public need[use] and purpose for which public money may be expended and

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 1                  private property acquired, acquired condemnation, and are governmental

 2                  functions in the interest of the health, safety, and welfare of the people of the

 3                  Commonwealth; and

 4          (c)     That the necessity in the public interest for the provisions enacted herein is

 5                  hereby declared to be a legislative determination.

 6          Section 18. KRS 99.705 is amended to read as follows:

 7   Unless the context otherwise requires:

 8   (1)    "Blighted" or "deteriorated" property means any vacant structure or vacant or
 9          unimproved lot or parcel of ground in a predominantly built-up neighborhood:

10          (a)     Which because of physical condition or use is regarded as a public nuisance at

11                  common law or has been declared a public nuisance in accordance with a city

12                  of any class, or in counties containing a city of the first class or consolidated

13                  local government, with the housing, building, plumbing, fire, or related codes;

14          (b)     Which because of physical condition, use, or occupancy is considered an

15                  attractive nuisance to children, including but not limited to abandoned wells,

16                  shafts, basements, excavations, and unsafe fences or structures;

17          (c)     Which because it is dilapidated, unsanitary, unsafe, vermin-infested, or

18                  lacking in the facilities and equipment required by the housing code of a city

19                  or county containing a city of the first class or consolidated local government,

20                  has been designated by the department responsible for enforcement of the

21                  code as unfit for human habitation;

22          (d)     Which is a fire hazard, or is otherwise dangerous to the safety of persons or

23                  property;

24          (e)     From which the utilities, plumbing, heating, sewerage, or other facilities have

25                  been disconnected, destroyed, removed, or rendered ineffective so that the
26                  property is unfit for its intended use;

27          (f)     Which by reason of neglect or lack of maintenance has become a place for

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 1                  accumulation of trash and debris, or a haven for rodents or other vermin; or

 2          (g)[ Which has been tax delinquent for a period of at least three (3) years; or

 3          (h)] Which has not been rehabilitated within the reasonable time constraints

 4                  placed upon the owner by the appropriate code enforcement agency.

 5   (2)    "Redevelopment" means the planning or replanning, design or redesign, acquisition

 6          without condemnation, clearance, development, and disposal or any combination

 7          of these, of a property in the preparation of such property for residential and related

 8          uses, as may be appropriate or necessary.
 9   (3)    "Residential and related use" shall mean residential property for sale or rental and

10          related uses; including but not limited to park and recreation areas, neighborhood

11          community service, and neighborhood parking lots.

12   (4)    "Vacant property review commission" means a commission established by

13          ordinance to review vacant properties to make a written determination of blight and

14          deterioration.

15          Section 19. KRS 99.710 is amended to read as follows:

16   (1)    If the legislative body of a consolidated local government, a city of any class, or a

17          county containing a city of the first class finds and declares that there exists in the

18          consolidated local government, city of any class, or county containing a city of the

19          first class blighted or deteriorated properties and that there is need in the city or

20          county for the exercise of powers, functions, and duties conferred by KRS 99.705 to

21          99.730, the legislative body may adopt the provisions of KRS 99.705 to 99.730 by

22          ordinance.

23   (2)    The ordinance adopting the provisions of KRS 99.705 to 99.730 shall also establish

24          a vacant property review commission which shall certify properties as blighted or

25          deteriorated to the legislative body. The ordinance shall specify the duties of, the
26          number of members that will serve on, the requirements of membership, and the

27          makeup of the commission. Members shall be appointed by the mayor and approved

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 1          by the legislative body. No officer or employee of the consolidated local

 2          government, city of any class, or county containing a city of the first class whose

 3          duties include enforcement of housing, building, plumbing, fire, or related codes, or

 4          member of the officer's or employee's immediate family, shall be appointed to the

 5          commission.

 6          Section 20. KRS 99.715 is amended to read as follows:

 7   The legislative body of a city of any class, county containing a city of the first class, or

 8   consolidated local government may acquire by any means other than[,] eminent domain[
 9   pursuant to KRS Chapter 416,] any property determined to be blighted or deteriorated

10   pursuant to KRS 99.705 to 99.730, and shall have the power to hold, clear, manage, or

11   dispose of property so acquired for residential and related use, pursuant to the provisions

12   of KRS 99.705 to 99.730.

13          Section 21. KRS 99.720 is amended to read as follows:

14   (1)    The legislative body shall not institute eminent domain proceedings pursuant to

15          KRS 99.705 to 99.730, but may acquire by other means, property[ unless] the

16          commission has certified[ that the property] is blighted or deteriorated. A property

17          which has been referred to the commission by a city agency of any class of city, or

18          by an agency in a county containing a city of the first class or consolidated local

19          government, as blighted or deteriorated may only be certified to the legislative body

20          as blighted or deteriorated after the commission has determined:

21          (a)     That the owner of the property or designated agent has been sent an order by

22                  the appropriate city, consolidated local government, or county agency to

23                  eliminate the conditions which are in violation of local codes or law;

24          (b)     That the property is vacant;

25          (c)     That the property is blighted and deteriorated;
26          (d)     That the commission has notified the property owner or designated agent that

27                  the property has been determined to be blighted or deteriorated and the time

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 1                  period for correction of such condition has expired and the property owner or

 2                  agent has failed to comply with the notice; and

 3          (e)     That, in cities of any class, counties containing a city of the first class, or

 4                  consolidated local governments that are within a planning unit established

 5                  pursuant to KRS Chapter 100, the planning commission has determined that

 6                  the reuse of the property for residential and related use is in keeping with the

 7                  comprehensive plan.

 8   (2)    The findings required by subsection (1) of this section shall be in writing and
 9          included in the report to the legislative body.

10   (3)    The commission shall notify the owner of the property or a designated agent that a

11          determination of blight or deterioration has been made and that failure to eliminate

12          the conditions causing the blight shall render the property subject to the provisions

13          of[condemnation by the city, consolidated local government, or county under] KRS

14          99.705 to 99.730. Notice shall be mailed to the owner or designated agent by

15          certified mail, return receipt requested. However, if the address of the owner or a

16          designated agent is unknown and cannot be ascertained by the commission in the

17          exercise of reasonable diligence, copies of the notice shall be posted in a

18          conspicuous place on the property affected. The written notice sent to the owner or

19          his agent shall describe the conditions that render the property blighted and

20          deteriorated, and shall demand abatement of the conditions within ninety (90) days

21          of the receipt of such notice.

22   (4)    An extension of the ninety (90) day time period may be granted by the commission

23          if the owner or designated agent demonstrates that such period is insufficient to

24          correct the conditions cited in the notice.

25          Section 22. KRS 99.725 is amended to read as follows:
26   (1)    The legislative body of the city of any class, county containing a city of the first

27          class, or consolidated local government shall not[may] institute eminent domain

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 1          proceedings pursuant to KRS Chapter 416 against any property which has been

 2          certified as blighted or deteriorated by the commission, but the local government

 3          may acquire such property by other means if it finds:

 4          (a)[(1)]      That such property has deteriorated to such an extent as to constitute a

 5                  serious and growing menace to the public health, safety and welfare;

 6          (b)[(2)]      That such property is likely to continue to deteriorate unless corrected;

 7          (c)[(3)]      That the continued deterioration of such property may contribute to the

 8                  blighting or deterioration of the area immediately surrounding the property;
 9                  and

10          (d)[(4)]      That the owner of such property has failed to correct the deterioration of

11                  the property.

12   (2)    (a)     The legislative body of a city of any class, county containing a city of the

13                  first class, or consolidated local government may clear any blighted or

14                  deteriorated properties described in subsection (1) of this section if the

15                  conditions of KRS 99.720 are met, and may levy the costs of the clearing as

16                  a lien on the affected property.

17          (b)     No lien shall be placed on any blighted or deteriorated property if the

18                  owner's income falls below the poverty line, as determined by the latest

19                  poverty guidelines issued by the United States Department of Health and

20                  Human Services, or who has clearly demonstrated extreme economic

21                  hardship. Costs incurred for the clearing by the legislative body, county, or

22                  consolidated local government, but not levied on properties exempted in this

23                  subsection, shall be borne by the government clearing the property.
24          Section 23. KRS 99.730 is amended to read as follows:

25   No officer or employee of a city of any class, county containing a city of the first class, or
26   consolidated local government, or of the vacant property review commission, who in the

27   course of his or her duties is required to participate in the determination of property blight

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 1   or deterioration or the issuance of notices on code violations which may lead to a

 2   determination of blight or deterioration, shall acquire any interest in any property declared

 3   to be blighted or deteriorated. If any such officer or employee owns or has financial

 4   interest, direct or indirect, in any property certified to be blighted or deteriorated, he or

 5   she shall immediately disclose, in writing, such interest to the commission and to the

 6   legislative body and such disclosure shall act to disqualify the officer or employee and

 7   shall be entered in the minutes of the commission and of the legislative body. Failure to

 8   so disclose such interest shall void the finding of the commission and shall also
 9   constitute misconduct in office. No payment shall be made to any officer or employee for

10   any property or interest therein acquired by the city of any class, consolidated local

11   government, or county containing a city of the first class from such officer or employee

12   unless[ the amount of] such payment[ is fixed by court order in eminent domain

13   proceedings, or unless payment] is unanimously approved by the legislative body.

14          Section 24. KRS 106.230 is amended to read as follows:

15   When the board of any water district or municipality authorized to acquire, construct,

16   own or operate a waterworks or water distribution system and appurtenances thereto,

17   under the provisions of this chapter shall be unable to contract with the owner of any

18   land, easements, rights of way, waterworks, water distribution systems and appurtenances

19   thereto, or any facilities or property needed by such board for public uses[its use for the

20   purposes thereof] and desires to exercise the right of eminent domain, the board shall

21   proceed pursuant to the Eminent Domain Act of Kentucky.

22          Section 25. KRS 148.235 is amended to read as follows:

23   The Breaks Interstate Park Commission may acquire by condemnation in the manner

24   provided in the Eminent Domain Act of Kentucky such lands lying within this state as

25   may be necessary to be acquired for the public uses[purposes] of the Breaks Interstate
26   Park. Deeds to land in this state comprising the Breaks Interstate Park shall be in the

27   name of the Breaks Interstate Park Commission, KRS 56.030 notwithstanding. Subject to

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 1   the approval of the Governor, the State Property and Buildings Commission is hereby

 2   empowered to convey by deed to the Breaks Interstate Park Commission all right, title

 3   and interest of the Commonwealth in and to all real property now held in behalf of this

 4   Commonwealth and comprising the Breaks Interstate Park.

 5          Section 26. KRS 154.50-320 is amended to read as follows:

 6   (1)    The purpose, duties, and powers of the authority shall be to do the following

 7          without condemnation or eminent domain:

 8          (a)     Acquire, retain, and develop land for industrial and commercial purposes in
 9                  Kentucky; aid in the development and promotion of industrial sites, parks, and

10                  subdivisions to meet industrial and commercial needs in Kentucky.

11          (b)     Encourage the acquisition, retention, and development of land for industrial

12                  and commercial needs in Kentucky by other local development organizations,

13                  both public and private.

14          (c)     Cooperate with the United States Army Corps of Engineers and other federal

15                  agencies in formulating development plans and in acquiring and developing

16                  land for industrial and commercial purposes in accordance with these plans.

17          (d)     Acquire by contract, lease, purchase, gift,[ condemnation,] or otherwise, but

18                  not by condemnation, any real or personal property, or rights therein,

19                  necessary or suitable for establishing industrial sites, parks, or subdivisions.

20                  The authority may dispose of any real or personal property, or rights therein,

21                  which in the opinion of the authority are no longer needed to carry out the

22                  purposes of KRS 154.50-301 to 154.50-346. The authority may lease, sell, or

23                  convey any or all industrial sites, parks, and subdivisions owned or optioned

24                  by it to any public or private organization, governmental unit, or industry for

25                  the purpose of constructing and/or operating any manufacturing, industrial, or
26                  commercial facility. Provided, however, that no sale or conveyance of any

27                  land shall be made to a private organization or industry without such

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 1                  organization or industry first having executed a written contract with the

 2                  authority providing that if no actual construction of a manufacturing,

 3                  industrial, or commercial facility, as set forth in the executed contract, is

 4                  commenced within five (5)[ten (10)] years, the organization or industry shall

 5                  offer to reconvey the land, free and clear of liens and encumbrances, to the

 6                  authority, and should the authority accept the offer of reconveyance, it shall

 7                  return to the organization or industry ninety-five percent (95%) of the

 8                  purchase price paid therefor.
 9   (2)    [Upon the adoption by the authority of a resolution reciting that property is needed

10          for industrial sites, parks, and subdivisions and cannot be acquired by negotiation

11          and purchase at its fair market value, the governmental units in which such land is

12          located may direct and institute condemnation proceedings in the name of such

13          governmental units, for the use and benefit of the authority. The procedure for

14          condemnation shall conform to the procedure set out in the Eminent Domain Act of

15          Kentucky. ]Upon acquisition of the property, the governmental unit shall convey the

16          property to the authority upon payment by the authority to the governmental unit of

17          an amount of money equal to the judgment and costs paid by the governmental unit.

18          Section 27. KRS 154.50-323 is amended to read as follows:

19   No provision[Notwithstanding any other provision or section] of KRS 154.50-301 to

20   154.50-346 shall be construed to authorize the exercise of the power of eminent

21   domain[, no governmental unit shall have the power to condemn property under KRS

22   154.50-301 to 154.50-346 unless the governmental unit has first given proper public

23   notice as required by law stating the specific purpose for which the property to be

24   condemned shall be used and said purposes shall be pleaded and proved in such

25   condemnation action. The property shall be developed within a period of five (5) years
26   pursuant to the purpose stated, and the failure of the authority to so develop shall entitle

27   the person or persons whose property was condemned to repurchase the property at the

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 1   price the authority paid to the governmental unit for the same. The person from whom the

 2   land is taken by condemnation shall have the right to reacquire the land as

 3   aforementioned by application to the court of competent jurisdiction, if such procedure be

 4   necessary, and shall be entitled to recovery of his costs and reasonable attorney's fees

 5   necessary to reacquire said land].

 6          Section 28. KRS 165.070 is amended to read as follows:

 7   The board of trustees of a municipal university in a city of the first class may acquire, by

 8   purchase or gift, lands and improvements for the public use[purpose] of expanding the
 9   plant and extending the usefulness of the university, and when unable to agree with the

10   owner of land and improvements necessary for the public uses[purposes] of the

11   university may proceed to condemn the land and improvements. The condemnation

12   proceedings shall be conducted in the manner provided in the Eminent Domain Act of

13   Kentucky.

14          Section 29. KRS 165.195 is amended to read as follows:

15   The board of trustees of a municipal college in a city of the second, third, or fourth class

16   may acquire, by purchase or gift, lands and improvements for the public use[purpose] of

17   expanding the plant and extending the usefulness of the college, and when unable to agree

18   with the owner of land and improvements necessary for the public uses[purposes] of the

19   college may proceed to condemn the land and improvements. The condemnation

20   proceedings shall be conducted in the manner provided in the Eminent Domain Act of

21   Kentucky.

22          Section 30. KRS 175.590 is amended to read as follows:

23   (1)    The authority is hereby authorized and empowered to acquire by purchase,

24          whenever it shall deem such purchase expedient, solely from funds provided

25          pursuant to this chapter, such lands, structures, property, rights, rights of way,
26          franchises, easements and other interests in lands, including lands lying under water

27          and riparian rights, which are located within the Commonwealth, as it may deem

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 1          necessary or convenient for the construction and operation of any public use

 2          project, upon such terms and at such prices as may be considered by it to be

 3          reasonable and can be agreed upon between it and the owner thereof, and to take

 4          title thereto in the name of the authority.

 5   (2)    The authority is hereby authorized to acquire property, in accordance with the

 6          Eminent Domain Act of Kentucky, deemed necessary for the construction or the

 7          efficient operation of any public use project, or necessary for the restoration of

 8          public or private property damaged or destroyed by a project. Title to the acquired

 9          property shall be taken in the name of the authority, but neither the undertaking

10          nor any act or obligation of the authority shall impose any liability upon the
11          Commonwealth, except as may be paid from the funds provided by[Whenever a

12          reasonable price cannot be agreed upon, or whenever the owner is legally

13          incapacitated or is absent, unknown or unable to convey valid title, the authority is

14          hereby authorized and empowered to acquire by condemnation or by the exercise of

15          the power of eminent domain any lands, property, rights, rights of way, franchises,

16          easements and other property, including public lands, parks, playgrounds,

17          reservations, highways or parkways, or parts thereof or rights therein, of any person,

18          copartnership, association, railroad, public service, public utility or other

19          corporation, or municipality or political subdivision, deemed necessary or

20          convenient for the construction or the efficient operation of any project or necessary

21          in the restoration of public or private property damaged or destroyed. Any such

22          proceedings shall be conducted, and the compensation to be paid shall be

23          ascertained and paid, in the manner provided by the Constitution and laws of the

24          Commonwealth then applicable which relate to condemnation or to the exercise of

25          the power of eminent domain by the department. Title to any property acquired by
26          the authority shall be taken in the name of the authority. In any condemnation

27          proceedings the court having jurisdiction of the suit, action or proceeding may make

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 1          such orders as may be just to the authority and to the owners of the property to be

 2          condemned and may require an undertaking or other security to secure such owners

 3          against any loss or damage by reason of the failure of the authority to accept and

 4          pay for the property, but neither such undertaking or security nor any act or

 5          obligation of the authority shall impose any liability upon the Commonwealth

 6          except as may be paid from the funds provided under] this chapter.

 7   (3)    If the owner, lessee or occupier of any property to be condemned shall refuse to

 8          remove his personal property therefrom or give up his possession thereof, the
 9          authority may proceed to obtain possession in any manner now or hereafter

10          provided by law.

11   (4)    With respect to any railroad property or right of way upon which railroad tracks are

12          located, any powers of condemnation or of eminent domain may be exercised to

13          acquire only an easement interest therein which shall be located either sufficiently

14          far above or sufficiently far below the grade of any railroad track or tracks upon

15          such railroad property so that neither the proposed project nor any part thereof,

16          including    any   bridges,   abutments,   columns,     supporting   structures   and

17          appurtenances, nor any traffic upon it, shall interfere in any manner with the use,

18          operation or maintenance of the trains, tracks, works or appurtenances or other

19          property of the railroad nor endanger the movement of the trains or traffic upon the

20          tracks of the railroad. Prior to the institution of condemnation proceedings for such

21          easement over or under such railroad property or right of way, plans and

22          specifications of the proposed project showing compliance with the above

23          mentioned above or below grade requirements and showing sufficient and safe

24          plans and specifications of such overhead or undergrade structure and

25          appurtenances shall be submitted to the railroad for examination and approval. If
26          the railroad fails or refuses within thirty (30) days to approve the plans and

27          specifications so submitted, the matter shall be submitted to the Public Service

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 1          Commission of Kentucky whose decision arrived at after due consideration in

 2          accordance with its usual procedure, shall be final as to the sufficiency and safety of

 3          such plans and specifications and as to such elevations or distances above or below

 4          the tracks. Said overhead or undergrade structure and appurtenances shall be

 5          constructed only in accordance with such plans and specifications and in accordance

 6          with such elevations or distances above or below the tracks so approved by the

 7          railroad or the Public Service Commission as the case may be. A copy of the plans

 8          and specifications approved by the railroad or the Public Service Commission shall
 9          be filed as an exhibit with the petition for condemnation.

10          Section 31. KRS 177.081 is amended to read as follows:

11   (1)    The Commonwealth of Kentucky, Department of Highways, when it has, by official

12          order, designated the route, location, or relocation of a highway, limited access

13          highway, bridge, roadside park, borrow-pit, quarry, garage, or other property or

14          structure deemed necessary for the construction, reconstruction, or maintenance of

15          an adequate system of highways, may, if unable to contract or agree with the owner

16          or owners thereof, condemn the lands or material, or the use and occupancy of the

17          lands designated as necessary. All property acquired by the Commonwealth of

18          Kentucky, Department of Highways, shall be in fee simple whenever so specified in

19          the petition filed in the action. The official order of the Department of Highways, in

20          conformity with the provisions of the Eminent Domain Act of Kentucky, shall be

21          conclusive of the public use of the condemned property and the condemnor's

22          decision as to the necessity for taking the property will not be disturbed in the

23          absence of fraud, bad faith, or abuse of discretion.

24   (2)    Any property purchased or otherwise acquired by the Department of Highways for

25          the public use[purpose] of construction or reconstruction of a road, street, or
26          highway shall be cleared and maintained by the Department of Highways from the

27          time of acquisition until such property is no longer owned by the department.

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 1   (3)    The proceedings for condemnation shall be as provided in the Eminent Domain Act

 2          of Kentucky.

 3          Section 32. KRS 178.120 is amended to read as follows:

 4   Whenever the fiscal court of any county deems it to be in the best interest of the county to

 5   open, establish, construct, alter or repair any public road, street, alley, ditch or bridge of

 6   the county, and the fiscal court is unable to contract with the owner of the land[,] required

 7   for such public use[purpose,] for its purchase or to acquire the same by gift, the land may

 8   be condemned under the procedure set forth in the Eminent Domain Act of Kentucky.
 9          Section 33. KRS 178.125 is amended to read as follows:

10   (1)    Whenever the fiscal court of any county deems it to be in the best interest of the

11          county to acquire additional land adjacent to an existing county road to provide for

12          future widening and improvement of said road, and the fiscal court is unable to

13          contract with the owners of the land required for such public uses[purposes] for its

14          purchase or to acquire the same by gift, the land may be condemned under the

15          provisions set forth in the Eminent Domain Act of Kentucky.

16   (2)    Land taken under this section shall be put to its public use within three (3) years.

17          If the land is not put to its public use within three (3) years, the person or persons

18          whose property was condemned may repurchase the property at the price paid for

19          the land. The person from whom the land is taken by condemnation shall have

20          the right to reacquire the land by agreement with the condemnor or by

21          application to a court of competent jurisdiction and the person shall be entitled to

22          recovery of the person's costs and reasonable attorney's fees necessary to

23          reacquire the property.
24   (3)    The resolution authorizing condemnation shall set forth the facts of the proposed

25          acquisition, including a description of the land sought to be acquired, which
26          description may be stated in widths from the existing centerline of the road

27          proposed to be improved. In condemnation for future improvement under this

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 1          section it shall not be necessary for the county to have completed plans for actual

 2          construction; Provided, the property owner is immediately furnished with an

 3          accurate description of the property sought to be condemned. The right-of-way thus

 4          obtained shall be for reasonably foreseeable future construction and improvement in

 5          conformity with the existing grade of said road and with free access to adjacent

 6          property.

 7          Section 34. KRS 180.270 is amended to read as follows:

 8   If the department is unable to contract with the owner of the competing ferry for the
 9   purchase of the ferry, the department may institute condemnation proceedings in the

10   county where the ferry is located, for the purpose of acquiring the ferry for public uses.

11   The condemnation proceedings shall be in the name of the state, under the procedure set

12   out in the Eminent Domain Act of Kentucky. In the proceedings the department shall be

13   represented by the Attorney General and by the county attorney of the county in which the

14   proceedings are filed. Where the ferry operates between two (2) counties the proceedings

15   may be filed in either county.

16          Section 35. KRS 181.620 is amended to read as follows:

17   (1)    Whenever a reasonable price cannot be agreed upon, the commission may condemn

18          any property necessary or convenient for the public use improvement or the

19          efficient operation of any property acquired or constructed under KRS 181.560 to

20          181.840, or for the purpose of constructing any bridge or portion of bridge, or for

21          securing a right-of-way leading to the bridge or its approaches, in the manner

22          provided in the Eminent Domain Act of Kentucky.

23   (2)    The commission may also exercise in Kentucky and adjoining states such powers of

24          eminent domain as are conferred upon the city or commission by any Act of

25          Congress.
26   (3)    Title to any property condemned by the commission shall be taken in the name of

27          the city. The city shall be under no obligation to accept and pay for any property

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 1          condemned, or any costs incidental to any condemnation proceedings, and shall in

 2          no event pay for property condemned or the cost of the proceedings except from the

 3          funds received under the provisions of KRS 181.560 to 181.840.

 4   (4)    The court having jurisdiction of the condemnation proceedings may make such

 5          orders as may be just to the city and to the owners of the property to be condemned,

 6          and may require a bond or other security to secure the owners against any loss or

 7          damage to be sustained by reason of the failure of the city to accept and pay for the

 8          property. The bond or security shall impose no liability upon the city, except such as
 9          may be paid from the funds received under KRS 181.560 to 181.840.

10          Section 36. KRS 181.853 is amended to read as follows:

11   (1)    The commission is hereby authorized and empowered to acquire by purchase,

12          whenever it shall deem such purchase expedient, solely from funds provided under

13          the authority of KRS 181.850 to 181.869, within or without the Commonwealth,

14          such lands, structures, property, rights, rights-of-way, franchises, easements and

15          other interests in lands, including lands lying under water and riparian rights, as it

16          may deem necessary or convenient for the construction or operation of any bridge,

17          upon such terms and at such prices as may be considered by it to be reasonable and

18          can be agreed upon between it and the owner thereof, and to take title thereto in the

19          name of the city for the use and benefit of the commission.

20   (2)    The commission is hereby authorized to acquire property, in accordance with the

21          Eminent Domain Act of Kentucky, deemed necessary for the construction or the

22          efficient operation of any public use bridge, or necessary for the restoration of

23          public or private property damaged by a project. Title to the acquired property

24          shall be taken in the name of the commission, but neither such undertaking nor

25          any act or obligation of the commission shall impose any liability upon the
26          Commonwealth, except as may be paid from the funds provided under [Whenever

27          a reasonable price cannot be agreed upon, or whenever the owner is legally

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 1          incapacitated or is absent, unknown, or unable to convey valid title, the commission

 2          is hereby authorized and empowered to acquire by condemnation or by the exercise

 3          of the power of eminent domain any lands, property, rights, rights-of-way,

 4          franchises, easements, and other property, including public lands, parks,

 5          playgrounds, reservations, highways, or parkways or parts thereof or rights therein,

 6          of any person, co-partnership, association, railroad, public service, public utility, or

 7          other corporation, or municipality or political subdivision deemed necessary or

 8          convenient for the construction or the efficient operation of any bridge or necessary
 9          in the restoration of public or private property damaged or destroyed. Any such

10          proceedings shall be conducted in the name of the commission, and the

11          compensation to be paid shall be ascertained and paid, in the manner provided by

12          the constitution and laws of the Commonwealth then applicable which relate to

13          condemnation or to the exercise of the power of eminent domain by cities. Title to

14          any property acquired by the commission shall be taken in the name of the city for

15          the use and benefit of the commission. In any condemnation proceedings the court

16          having jurisdiction of the suit, action, or proceeding may make such orders as may

17          be just to the commission and to the owners of the property to be condemned and

18          may require an undertaking or other security to secure such owners against any loss

19          or damage by reason of the failure of the commission to accept and pay for the

20          property, but neither such undertaking or security nor any act or obligation of the

21          commission shall impose any liability upon the city or commission except as may

22          be paid from the funds provided under the authority of ]KRS 181.850 to 181.869.

23   (3)    If the owner, lessee, or occupier of any property to be condemned shall refuse to

24          remove his or her personal property therefrom or give up possession thereof, the

25          commission may proceed to obtain possession in any manner now or hereafter
26          provided by law.

27   (4)    With respect to any railroad property or right-of-way upon which railroad tracks are

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 1          located, any powers of condemnation or of eminent domain may be exercised to

 2          acquire only an easement interest therein which shall be located either sufficiently

 3          far above or sufficiently far below the grade of any railroad track or tracks upon

 4          such railroad property so that neither the proposed bridge nor any part thereof,

 5          including abutments, columns, supporting structures, and appurtenances, nor any

 6          traffic upon it shall interfere in any manner with the use, operation, or maintenance

 7          of the trains, tracks, works, or appurtenances or other property of the railroad nor

 8          endanger the movement of the trains or traffic upon the tracks of the railroad. Prior
 9          to the institution of condemnation proceedings for such easement over or under

10          such railroad property or rights-of-way, plans and specifications of the proposed

11          bridge showing compliance with the above-mentioned above or below grade

12          requirements and showing sufficient and safe plans and specifications of such

13          overhead or undergrade structure and appurtenances shall be submitted to the

14          railroad for examination and approval. If the railroad fails or refuses within thirty

15          (30) days to approve the plans and specifications so submitted, the matter shall be

16          submitted to the department of works of the city whose decision, arrived at after due

17          consideration and with an opportunity to the railroad to be heard, shall be final as to

18          the sufficiency and safety of such plans and specifications and as to such elevations

19          or distances above or below the tracks. Said overhead or undergrade structure and

20          appurtenances shall be constructed only in accordance with such plans and

21          specifications and in accordance with such elevations or distances above or below

22          the tracks so approved by the railroad or the department of works of said city as the

23          case may be. A copy of the plans and specifications approved by the railroad or the

24          department of works of said city shall be filed as an exhibit with the petition for

25          condemnation.
26   (5)    The Commonwealth hereby consents to the use of all lands owned by it, including

27          lands lying under water, which are deemed by the commission to be necessary for

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 1          the construction or operation of any bridge.

 2          Section 37. KRS 183.122 is amended to read as follows:

 3   (1)    Where necessary, in order to provide unobstructed air space for the landing and

 4          taking off of aircraft utilizing airports acquired or operated under the provisions of

 5          this chapter, the cabinet is hereby granted authority to condemn and acquire, in the

 6          same manner as is provided for the acquisition of property for an airport's public

 7          uses[airport purposes], easements through or other interests in air space over land or

 8          water, interests in airport hazards outside the boundaries of the airports and such
 9          other airport protection privileges, together with rights of ingress and egress thereto

10          and therefrom, as are necessary to insure safe approaches to the landing areas of

11          said airports and the safe and efficient operation thereof. The cabinet is authorized

12          to acquire, in the same manner, the right or easement, for a term of years or

13          perpetually, to place or maintain suitable marks for the daytime marking and

14          suitable lights or marks for the night marking of airport hazards, including the right

15          of ingress and egress to and from such airport hazards for the public uses[purpose]

16          of maintaining and repairing such lights and marks.

17   (2)    The secretary may, by order, authorize any airport board or governmental unit to

18          condemn and acquire, with the full power of the Commonwealth, in the manner

19          provided in the Eminent Domain Act of Kentucky, any of the interests, easements,

20          airport protection privileges, interests in air space, rights, or hazard marking

21          privileges described in subsection (1), or any real or personal property. Any

22          condemnation proceeding which may be necessary for such acquisition, if filed

23          under this subsection, shall be filed in the name of the Commonwealth on relation

24          of the secretary of transportation, and of the airport board or governmental unit

25          making such acquisition.
26   (3)    The authority granted in subsections (1) and (2) shall not be so construed as to limit

27          the right, power, or authority of the state or any municipality or governmental unit

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 1          to zone property adjacent to any airport pursuant to any law of this state.

 2          Section 38. KRS 183.133 is amended to read as follows:

 3   (1)    The purpose of the board shall be to establish, maintain, operate, and expand

 4          necessary, desirable or appropriate airport and air navigation facilities. It shall have

 5          the duty and such powers as may be necessary, or desirable to promote and develop

 6          aviation, including air transportation, airports and air navigation facilities.

 7   (2)    The board shall establish and fix reasonable rates, charges and fees for the use of

 8          the landing area, ramps and other common aviation facilities. In fixing such rates,
 9          charges or fees the board may take into consideration, among other factors, the total

10          capital investment by the board or other local or state governmental authority, the

11          revenue needed properly to maintain such facilities, the revenue needed properly to

12          expand the airport and its facilities, the portion of the facilities utilized by the

13          licensee or contracting party and its customers and the volume and type of business

14          conducted. Any party aggrieved by the rates, charges or fees may appeal from the

15          action of the board to the Circuit Court of the county within which the board

16          operates, within ninety (90) days from the date that the board finally publishes such

17          rates, charges or fees and gives notice of same to the contracting party or licensee.

18          The Circuit Court may hear evidence and determine whether or not the rates,

19          charges or fees are, or are not, reasonable in amount. Appeal from the judgment of

20          the Circuit Court may be prosecuted as any other civil appeal.

21   (3)    The board shall likewise have power, from time to time, to fix rates, charges or fees

22          by contract, or by publishing general rates, charges or fees for commercial vendors,

23          concessionaires or other persons for the use or occupancy of terminal or other

24          ground use facilities, under such terms or conditions as it may deem to be in the

25          best interest of maintaining, operating or expanding necessary airport or air
26          navigation facilities, and the public use thereof.

27   (4)    The board may acquire by contract, lease, purchase, gift, condemnation or otherwise

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 1          any real or personal property, or rights therein, necessary for establishing, operating

 2          or expanding airports and air navigation facilities. The board may erect, equip,

 3          operate and maintain on such property, buildings and equipment necessary,

 4          desirable or appropriate for airport or air navigation facilities. The board may

 5          dispose of any real or personal property, or rights therein, which, in the opinion of

 6          the board are no longer needed for operating or expanding the airport or air

 7          navigation facilities.

 8   (5)    The board or any other governmental unit may by resolution reciting that the
 9          property is needed for public airport or air navigation use[purposes] direct the

10          condemnation of any property, including navigation or other easements. The

11          procedure for condemnation shall conform to the procedures set out in the Eminent

12          Domain Act of Kentucky.

13   (6)    The board or any other governmental unit may from time to time make, adopt and

14          enforce such rules, regulations and ordinances as it may find necessary, desirable or

15          appropriate for carrying into effect the purposes of this chapter, including those

16          relating to the operation and control of the airport, airport facilities or air navigation

17          facilities owned or operated by such board or such other governmental unit. All

18          rules, regulations and ordinances adopted pursuant to this section shall be published

19          according to the provisions of KRS 424.130, and the board or other governmental

20          unit adopting them shall keep a permanent record of such rules, regulations and

21          ordinances available for public inspection, on the airport premises. Prosecution for a

22          violation of any rule, regulation or ordinance adopted pursuant to this section shall

23          be in the District Court of any county within which the airport is located.

24   (7)    Any board may engage in activities to promote, encourage or develop the use of

25          airports or air navigation facilities under its control and any board which has
26          members thereof appointed by the Governor shall be assisted in such activities by

27          the state Cabinet for Economic Development if it requests such assistance from the

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 1          cabinet.

 2          Section 39. KRS 183.490 is amended to read as follows:

 3   The cabinet, with the consent of the owner of a private airport, may, by resolution,

 4   reciting that any lands or property adjoining an airport are needed for the public

 5   use[purposes] of establishing or expanding the airport and related facilities, direct the

 6   condemnation of such property. Whereupon, condemnation proceedings shall be

 7   conducted in the name of the cabinet at the expense of the person owning or operating

 8   said airport, and the procedure for condemnation shall conform to the procedure set out in
 9   the Eminent Domain Act of Kentucky. The cabinet shall have no liability for the results

10   of such proceedings, and all costs, damages and compensation awarded shall be paid by

11   the owners or operators of such airport. Title shall vest in the person owning the airport.

12   Such airport shall be a public use airport.

13          Section 40. KRS 201.070 is amended to read as follows:

14   Whenever the board finds that property anywhere within the county is needed for any of

15   the public uses[purposes] contemplated in this chapter, the board may, by resolution

16   reciting such need, order the condemnation of such property. Proceedings for

17   condemnation shall be in the Circuit Court of the county, and shall be conducted in the

18   name of the board by the city attorney of the city of the first class, who shall be the legal

19   representative of the board, and the procedure shall be that set out in the Eminent Domain

20   Act of Kentucky.

21          Section 41. KRS 212.590 is amended to read as follows:

22   The board shall have the power, by resolution reciting the need therefor and public

23   use[purpose] thereof, to condemn real property located anywhere within such county.

24   Eminent domain proceedings shall be conducted in the name of the board by the

25   department of law of such city. The head of the department of law of such city or his
26   assistant shall be the legal representative of the board in all matters and shall serve in that

27   capacity without compensation from the board. In the exercise of its power of eminent

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 1   domain, the board shall follow such proceedings as are provided in the Eminent Domain

 2   Act of Kentucky. All property thus acquired by the board shall be held, used and

 3   controlled by it in the same manner as is all other property of the board.

 4          Section 42. KRS 216.833 is amended to read as follows:

 5   (1)    The authority may purchase, whenever it shall deem such purchase expedient, from

 6          funds provided pursuant to KRS 216.800 to 216.853, lands, structures, property,

 7          rights, rights-of-way, franchises, easements and other interests in land, including

 8          lands lying under water and riparian rights, which are located within the
 9          Commonwealth, as it may deem necessary or convenient for the construction and

10          operation of any public use project, upon such terms and at such prices as may be

11          considered by it to be reasonable, and can be agreed upon between it and the owner

12          thereof, and to take title thereto in the name of the authority.

13   (2)    The authority is hereby authorized to acquire property, in accordance with the

14          Eminent Domain Act of Kentucky, deemed necessary for the construction or the

15          efficient operation of any public use project, or necessary for the restoration of

16          public or private property damaged by a project. Title to the acquired property
17          shall be taken in the name of the authority, but neither such undertaking [If a

18          reasonable price cannot be agreed upon, or if the owner is legally incapacitated or is

19          absent, unknown or unable to convey valid title, the authority may acquire by

20          condemnation or by eminent domain any lands, property, rights-of-way, franchises,

21          easements and other property, including public lands, parks, playgrounds,

22          reservations, highways, or parkways, or parts thereof or rights therein, of any

23          person, partnership, association, railroad, public service, public utility or other

24          corporation, or municipality or political subdivision, deemed necessary or

25          convenient for the construction or the efficient operation of any project or necessary
26          in the restoration of public or private property damaged or destroyed. Any such

27          proceedings shall be conducted, and the compensation to be paid shall be

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 1          ascertained and paid, in the manner provided by the Constitution and laws of the

 2          Commonwealth which relate to condemnation or to the exercise of the power of

 3          eminent domain. Title to any property acquired by the authority shall be taken in the

 4          name of the authority. In any condemnation proceedings the court having

 5          jurisdiction of the suit, action or proceeding may make such orders as may be just to

 6          the authority and to the owners of the property to be condemned and may require an

 7          undertaking or other security to secure such owners against any loss or damage by

 8          reason of the failure of the authority to accept and pay for the property, but neither
 9          such undertaking or security] nor any act or obligation of the authority shall impose

10          any liability upon the Commonwealth, except as may be paid from the funds

11          provided under KRS 216.800 to 216.853.

12   (3)    If the owner, lessee or occupier of any property to be condemned shall refuse to

13          remove his personal property therefrom or give up his possession thereof, the

14          authority may proceed to obtain possession in any manner provided by law.

15          Section 43. KRS 262.745 is amended to read as follows:

16   Subject to the approval of the board of supervisors, the board of directors of a watershed

17   conservancy district shall have power to:

18   (1)    Levy an annual tax on the real property within the district within the limitations

19          provided in KRS 262.760 for administration, construction, operation and

20          maintenance of works of improvement within the district.

21   (2)    Acquire by purchase, gift, grant, bequest, devise, or through condemnation

22          proceedings in the manner provided in the Eminent Domain Act of Kentucky, the

23          fee simple title or any lesser interest in land including easements and flowage rights

24          as are necessary for the exercise of any authorized function of the district, and for

25          public use[such purpose], may cause examinations and surveys to be made of any
26          lands, easements or rights-of-way necessary for the performance of any authorized

27          function of the district.

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 1   (3)    Construct, improve, operate and maintain such structures as may be necessary for

 2          the performance of any function authorized by KRS 262.700 to 262.795.

 3   (4)    Borrow such money as is necessary for the public use[purpose] of acquiring lands

 4          or rights-of-way and establishing, constructing, reconstructing, repairing, enlarging

 5          and maintaining such structures and improvements as are required by the district in

 6          the performance of its functions, and issue, negotiate and sell its bonds as provided

 7          in KRS 262.750.

 8          Section 44. KRS 279.110 is amended to read as follows:
 9   Any corporation created under this chapter may:

10   (1)    Acquire and hold any property necessary or incidental to the proper conduct of its

11          business, including preferred stock and common stock or other corporations

12          whether formed under this chapter or not, and the stock of any federal agency, and

13          may pay for any such property in cash, property or on credit, or both, and secure and

14          procure payment of all or any part of the purchase price thereof on such terms and

15          conditions as its board of directors determines;

16   (2)    Acquire, own, operate, maintain and improve one (1) or more systems;

17   (3)    Pledge all or part of its revenue or mortgage or encumber all or any part of its

18          property for the purpose of securing the payment of the principal and interest of any

19          of its obligations;

20   (4)    Have and exercise the right of eminent domain in the manner provided in the

21          Eminent Domain Act of Kentucky;

22   (5)    Construct, own, lease, operate, and control any facilities across, along, or under any

23          street or public highway, and over any lands belonging to this state or to any county,

24          city, or political subdivision of this state, but shall restore any such street or

25          highway to its former condition as nearly as possible and shall not use it in such a
26          manner as to impair unnecessarily its usefulness;

27   (6)    Accept gifts and grants of money or property from this state, any county, city, or

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 1          political subdivision of this state, any federal agency, or any other person, and

 2          accept voluntary and uncompensated services;

 3   (7)    Make any contract necessary or convenient for the full exercise of the powers

 4          granted by this chapter, or for any other corporate purpose, subject to any

 5          limitations imposed by this chapter;

 6   (8)    Sell, lease, or dispose of all or any part of its property, subject to the provisions of

 7          KRS 279.140;

 8   (9)    Contract debts, borrow money without limitation as to the amount of corporate
 9          indebtedness or liability, and issue or assume obligations;

10   (10) Fix and collect reasonable rates and charges for services, subject to the provisions

11          of KRS Chapter 278;

12   (11) Assist its members in wiring their premises for the use of electric energy and in

13          purchasing electrical equipment, appliances, and supplies, and in financing such

14          activities;

15   (12) (a)       Establish affiliates to engage in nonregulated businesses or activities as

16                  provided for in KRS 279.020.

17          (b)     A cooperative formed under this chapter shall annually report to its member-

18                  owners the nature of the nonregulated business or activity, its financial status

19                  and future expectations, as well as any other information deemed appropriate

20                  by its board of directors. The cooperative shall file with the Public Service

21                  Commission a balance sheet and income statement for each nonregulated

22                  business or activity, if the cooperative has established a separate affiliate to

23                  engage in nonregulated business or activity.

24          (c)     If the cooperative’s nonregulated activities are conducted within the

25                  cooperative pursuant to a contract with a federal military installation or a
26                  local, state, or federal government as provided for in KRS 279.020, a balance

27                  sheet and statement of revenues and expenses for each nonregulated business

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 1                  or activity shall be filed with the Public Service Commission.

 2          (d)     The information to be filed with the Public Service Commission shall be filed

 3                  simultaneously with the Public Service Commission annual report. The

 4                  cooperative may request confidentiality for any information it provides as

 5                  required in this subsection that it deems proprietary or competitive; and

 6   (13) Do anything not specifically set forth in this section that is reasonably deemed

 7          necessary, proper, or convenient for the accomplishment of the public

 8          uses[purposes] of the corporation and is not prohibited by law.
 9          Section 45. KRS 279.360 is amended to read as follows:

10   Each corporation organized under the provisions of KRS 279.310 to 279.600 shall have

11   power:

12   (1)    To furnish, improve and expand telephone service in rural areas to its members, to

13          governmental agencies and political subdivisions, and to other persons not in excess

14          of ten percent (10%) of the number of its members, provided, however, that,

15          without regard to said ten percent (10%) limitation, telephone service may be made

16          available by a cooperative through interconnection of facilities to any number of

17          subscribers of other telephone systems, and through pay stations to any number of

18          users; and provided, further, that a cooperative which acquires existing telephone

19          facilities in rural areas may continue service to persons, not in excess of forty

20          percent (40%) of the number of its members, who are already receiving service

21          from such facilities, without requiring such persons to become members, but such

22          persons may become members upon such terms as may be prescribed in the bylaws;

23          and provided, further, that no cooperative shall (a) construct or operate any line,

24          facility or system in any rural area being furnished telephone service by any

25          telephone company or other cooperative unless the Public Service Commission
26          shall determine, after hearing on reasonable notice to all interested parties, that any

27          such telephone company or other cooperative is unwilling or unable to furnish

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 1          reasonably adequate telephone service in such area, or (b) furnish any telephone

 2          service in any area proposed to be served by any telephone company, which may be

 3          found to be ready, willing and able to serve, within such period of time as may, after

 4          hearing, be determined to be reasonable by the Public Service Commission;

 5   (2)    To construct, purchase, lease as lessee, or otherwise acquire, and to improve,

 6          expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as

 7          lessor, mortgage, pledge, or otherwise dispose of or encumber, telephone lines,

 8          facilities or systems, lands, buildings, structures, plants and equipment, exchanges,
 9          and any other real or personal property, tangible or intangible, which shall be

10          deemed necessary, convenient or appropriate to accomplish the purpose for which

11          the cooperative is organized; provided, that no cooperative shall construct,

12          purchase, lease as lessee, take, receive, or otherwise acquire, improve, expand,

13          install, equip, maintain, or operate any telephone lines, facilities or system, lands,

14          buildings, structures, plants and equipment, exchanges, or any other real or personal

15          property, tangible or intangible, within the boundaries of any incorporated or

16          unincorporated city, town, village, or borough within this state having a population

17          in excess of one thousand five hundred (1,500) inhabitants, unless said procedures

18          or any of them are determined by the administrator of the rural electrification

19          administration to be necessary in order to furnish or improve telephone service in

20          rural areas, and unless said determination by the administrator of the rural

21          electrification administration, after proper hearing on reasonable notice to all

22          interested parties, be approved by the Public Service Commission of the

23          Commonwealth of Kentucky. In case of such a determination by the administrator

24          of the rural electrification administration as aforesaid with approval by the

25          Kentucky Public Service Commission, nothing contained in this section or
26          elsewhere provided in KRS 279.310 to 279.600 shall deprive any corporation

27          organized under KRS 279.310 to 279.600 or foreign corporation doing business in

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 1          this state pursuant to KRS 279.310 to 279.600, of the power to improve, expand,

 2          construct, acquire and operate telephone lines, facilities, or systems without regard

 3          to their geographical location;

 4   (3)    To connect and interconnect its telephone lines, facilities or systems with other

 5          telephone lines, facilities or systems;

 6   (4)    To make its facilities available to persons furnishing telephone service within or

 7          without this state;

 8   (5)    To purchase, lease as lessee, or otherwise acquire, and to use, and exercise and to
 9          sell, assign, convey, mortgage, pledge or otherwise dispose of or encumber,

10          franchises, rights, privileges, licenses and easements;

11   (6)    To issue membership certificates and nonvoting shares of stock as hereinafter

12          provided;

13   (7)    To borrow money and otherwise contract indebtedness, and to issue or guarantee

14          notes, bonds, and other evidences of indebtedness, and to secure the payment

15          thereof by mortgage, pledge, or deed of trust of, or any other encumbrance upon,

16          any or all of its then owned or after-acquired real or personal property, assets,

17          franchises, or revenues;

18   (8)    To construct, maintain and operate telephone lines along, upon, under and across

19          publicly owned lands and public thoroughfares, including, without limitation, all

20          roads, highways, streets, alleys, bridges and causeways;

21   (9)    To exercise the power of eminent domain in the manner provided in the Eminent

22          Domain Act of Kentucky[by the laws of this state for the exercise of such power by

23          other corporations constructing or operating telephone lines, facilities or systems];

24   (10) To become a member of other cooperatives or corporations or to own stock therein;

25   (11) To conduct its business and exercise its powers within or without this state;
26   (12) To adopt, amend and repeal bylaws;

27   (13) To make any and all contracts necessary, convenient or appropriate for the full

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 1          exercise of the powers herein granted;

 2   (14) To exercise all other powers authorized by KRS Chapter 271B; and

 3   (15) To do and perform any other lawful acts and things, and to have and exercise any

 4          other powers which may be necessary, convenient or appropriate to accomplish the

 5          purpose for which the cooperative is organized.

 6          Section 46. KRS 280.210 is amended to read as follows:

 7   (1)    If any applicant for a ferry privilege owns or has the right to use the land proposed

 8          as the site of the ferry only on one (1) side of the stream, and the landing on the
 9          opposite side is not at an established public highway, the applicant may, pursuant to

10          the Eminent Domain Act of Kentucky, condemn the necessary right-of-way, not

11          more than forty (40) feet wide, for the use of the ferry.

12   (2)    Any person having an established ferry on any river in this state may have

13          condemned, for a period of twenty (20) years or permanently, at his option, not

14          more than one-half (1/2) acre of land adjacent to the ferry for any public

15          use[purpose] necessary for the use of the ferry pursuant to the Eminent Domain Act

16          of Kentucky.

17          Section 47. KRS 416.130 is amended to read as follows:

18   (1)    Every corporation organized for the purpose of constructing, or empowered to

19          construct, a dam in any stream in this state for the public use[purpose] of improving

20          navigation or developing, distributing and selling water power or electricity, and

21          every corporation authorized under the laws of this state to conduct the business of

22          producing and supplying electricity for the public use[purpose] of light, heat or

23          power, may cause examinations and surveys to be made for its proposed dams,

24          reservoirs, ponds, locks, bridges, power stations, roads, conduits and transmission

25          lines, as well as the land that may be overflowed by the erection of any dam or other
26          structure, and for such public uses[purposes] may, by its officers, agents or

27          servants, enter from time to time upon any lands or waters for the purpose of

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 1          making such surveys or examinations, subject to liability for actual damage done.

 2          Before entering upon any land for public uses[such purposes], the corporation shall

 3          deposit with the clerk of the county in which the property is located, a bond to the

 4          Commonwealth in a penal sum fixed by the county judge/executive at not more than

 5          double the last assessed valuation of the property to be surveyed or examined,

 6          conditioned to indemnify all persons for actual damages sustained on account of

 7          making any examination or survey. When the location of the dam or other structure,

 8          and the land that may be overflowed by the erection of the dam, is determined, the
 9          corporation shall cause a survey and map to be made of the land to be taken and

10          entered upon, which map shall be signed by the president and secretary and filed in

11          the office of the county clerk of the county in which the land shown on the map is

12          situated.

13   (2)    When any such corporation cannot, by agreement with the owner, acquire the

14          property rights, privileges or easements needed for any of the uses[ or purposes]

15          referred to in subsection (1) of this section, the corporation may condemn such

16          property, property rights, privileges or easements in the manner provided in the

17          Eminent Domain Act of Kentucky. Any corporation constructing or maintaining

18          such dam shall be liable for any damages resulting from overflowing any property,

19          public or private.

20          Section 48. KRS 416.210 is amended to read as follows:

21   Any burial association or corporation may, with the approval of the appropriate city,

22   county, urban-county, consolidated local government, or charter county legislative body,

23   condemn land by first recording, in the county clerk's office of the county where the land

24   lies, a resolution that it needs the land to furnish a burial site for[ the] public use. It may

25   condemn a sufficient roadway to have access to the land, not wider than one hundred
26   (100) feet. It may also condemn enough land, not exceeding five (5) acres, adjacent to any

27   land used for a cemetery for a chapel site. If the building of any state highway requires a

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 1   change in the entrance to any cemetery, the burial association or corporation may

 2   condemn any adjacent land, not wider than one hundred (100) feet for the new entrance.

 3   The condemnation procedure shall be in the Circuit Court of the county pursuant to the

 4   Eminent Domain Act of Kentucky. This section shall not permit condemnation of more

 5   than forty (40) acres at any one time.

 6          Section 49. KRS 416.230 is amended to read as follows:

 7   A corporation, partnership or individual seeking to condemn lands and material or the use

 8   and occupation of lands, under the provisions of KRS 278.502, may file a verified
 9   petition and proof as required by the Eminent Domain Act of Kentucky in the office of

10   the Circuit Court clerk of the county in which all or the greater portion of the land and

11   material is located. The petition shall state that it is filed under the provisions of KRS

12   278.502 and the proceedings shall be conducted pursuant to the Eminent Domain Act of

13   Kentucky.

14          Section 50. KRS 416.350 is amended to read as follows:

15   (1)    The owner of any tract or parcel of land on which his residence is located, who has

16          no means of ingress or egress to any public road or highway, may acquire by

17          condemnation pursuant to the Eminent Domain Act of Kentucky a convenient right-

18          of-way in order to attend courts and elections and discharge other duties required of

19          him by law; such right-of-way shall be deemed a public use and shall not exceed in

20          width thirty (30) feet over the lands intervening and lying between such tract or

21          parcel of land and the public road nearest or most convenient thereto.

22   (2)    The right of condemnation conferred in subsection (1) of this section shall not exist

23          in any of the following situations:

24          (a)     Where the current owner or any of his predecessors in title purchased a tract or

25                  parcel of land having no means of ingress or egress to a public road or
26                  highway;

27          (b)     Where the current owner or any of his predecessors in title sold a part of a

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 1                  tract or parcel of land, leaving the part retained without any means of ingress

 2                  or egress to a public road or highway; or

 3          (c)     Where the current owner or any of his predecessors in title has had a part of

 4                  his land taken by condemnation, the part not taken has no means of ingress or

 5                  egress to a public road or highway, and the current owner or any of his

 6                  predecessors in title has been compensated, by reason of the condemnation,

 7                  for such loss of ingress or egress to a public road or highway.

 8          Section 51. KRS 416.540 is amended to read as follows:
 9   (1)    "Condemn" means to take private property for a public use under the right of

10          eminent domain;

11   (2)    "Condemnor" shall mean and include any person, corporation or entity, including

12          the Commonwealth of Kentucky, its agencies and departments, county, municipality

13          and taxing district authorized and empowered by law to exercise the right of

14          eminent domain;

15   (3)    "Condemnee" means the owner of the property interest being taken;

16   (4)    "Court" means the Circuit Court;

17   (5)    "Property" means real or personal property, or both, of any nature or kind that is

18          subject to condemnation;

19   (6)    "Eminent domain" means the right of a condemnor[the Commonwealth] to take

20          private property for a public use and shall include the right of private persons,

21          corporations or business entities to do so under authority of law;

22   (7)    “Public use” shall only mean the acquisition, possession, occupation, and

23          enjoyment of the land by the general public for uses such as roads, bridges, and

24          related appurtenances thereto; rights-of-way; utilities; and other similar public

25          projects. "Public use" shall not include economic development, public housing,
26          or the taking of blighted, abandoned, and deteriorated properties; and

27   (8)    “Economic development” shall mean any activity to increase tax revenue, tax

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 1          base, employment, or general economic health, including but not limited to the

 2          transfer of private property without the consent of the owner to be used for
 3          commercial enterprise or purpose.

 4          Section 52. KRS 416.550 is amended to read as follows:

 5   Whenever any condemnor cannot, by agreement with the owner thereof, acquire the

 6   property right, privileges or easements needed for any of the public uses[ or purposes] for

 7   which the condemnor is authorized by law, to exercise its right of eminent domain, the

 8   condemnor may condemn such property, property rights, privileges or easements pursuant
 9   to the provisions of KRS 416.550 to 416.670. It is not a prerequisite to an action to

10   attempt to agree with an owner who is unknown or who, after reasonable effort, cannot be

11   found within the state[ or with an owner who is under a disability].

12          Section 53. KRS 416.560 is amended to read as follows:

13   (1)    Notwithstanding any other provision of the law, a department, instrumentality or

14          agency of a consolidated local government, city, county, or urban-county

15          government, other than a waterworks corporation the capital stock of which is

16          wholly owned by a city of the first class or a consolidated local government, having

17          a right of eminent domain under other statutes shall exercise such right only by

18          requesting the governing body of the consolidated local government, city, county, or

19          urban-county to institute condemnation proceedings on its behalf. If the governing

20          body of the consolidated local government, city, county, or urban-county agrees, it

21          shall institute such proceedings under KRS 416.570, and all costs involved in the

22          condemnation shall be borne by the department, instrumentality, or agency

23          requesting the condemnation.

24   (2)    If any department, instrumentality, or agency of a consolidated local government,

25          city, county, or urban-county government, other than a waterworks corporation the
26          capital stock of which is wholly owned by a city of the first class or a consolidated

27          local government, operates in more than one (1) governmental unit, it shall request

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 1          the governing body of the consolidated local government, city, county, or urban-

 2          county government wherein the largest part of the individual tract of the property

 3          sought to be condemned lies, to institute condemnation proceedings on its behalf.

 4   (3)    A department, instrumentality, or agency of the Commonwealth of Kentucky, other

 5          than the Transportation Cabinet and local boards of education, having a right of

 6          eminent domain under other statutes shall exercise such right only by requesting the

 7          Finance and Administration Cabinet to institute condemnation proceedings on its

 8          behalf. If the Finance and Administration Cabinet agrees, it shall institute such
 9          proceedings under KRS 416.570, and all costs involved in the condemnation shall

10          be borne by the department, instrumentality, or agency requesting the

11          condemnation.

12   (4)    Prior to the filing of the petition to condemn, the condemnor or its employees or

13          agents shall have the right to enter upon any land or improvement which it has the

14          power to condemn, in order to make studies, surveys, tests, sounding, and

15          appraisals, provided that the owner of the land or the party in whose name the

16          property is assessed has been duly notified at least ten (10) days prior to entry on

17          the property. Any actual damages sustained by the owner of a property interest in

18          the property entered upon by the condemnor shall be paid by the condemnor and

19          shall be assessed by the court or the court may refer the matter to commissioners to

20          ascertain and assess the damages sustained by the condemnee, which award shall be

21          subject to appeal.

22          Section 54. KRS 416.570 is amended to read as follows:

23   Except as otherwise provided in KRS 416.560, a condemnor seeking to condemn

24   property or the use and occupation thereof, shall file a verified petition in the Circuit

25   Court of the county in which all or the greater portion of the property sought to be
26   condemned is located, which petition shall be immediately furnished to the condemnee,

27   and shall state that it is filed under the provisions of KRS 416.550 to 416.670 and shall

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 1   contain, in substance:

 2   (1)    Allegations sufficient to show proof that the petitioner is entitled, under the

 3          provisions of applicable law, to exercise the right of eminent domain and to

 4          condemn the property, or the use and occupation thereof, sought to be taken in such

 5          proceedings;

 6   (2)    A particular description of the property and the use and occupation thereof sought to

 7          be condemned; and

 8   (3)    An application to the court to appoint commissioners to award the amount of
 9          compensation the owner of the property sought to be condemned is entitled to

10          receive therefor.

11          Section 55. KRS 416.580 is amended to read as follows:

12   (1)    The Circuit Court, or in the absence of the Circuit Judge from the county, the

13          Circuit Court Clerk, shall appoint as commissioners three (3) impartial

14          housekeepers of the county who are owners of land, at least one (1) of whom shall

15          be a licensed real estate appraiser appointed from within the county, if available.

16          If no licensed real estate appraiser is found within the county, the court may
17          waive the requirement that one (1) of the appointments be an appraiser. They

18          shall be sworn to faithfully and impartially discharge their duties under this section.

19          The commissioners shall view the land or material sought to be condemned and

20          afford the parties an opportunity to be heard on the issue of damages only. The
21          commissioners shall, after the hearing, proceed to award to the owner or owners

22          such a sum as will fairly represent the reduction in the market value of the entire

23          property, all of or a portion of which is sought to be condemned, said sum being the

24          difference between the market value of the entire property immediately before the

25          taking and the market value of[ the remainder of] the property remaining
26          immediately after the taking thereof, together with the fair rental value of any

27          temporary easements sought to be condemned. Within fifteen (15) days from the

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 1          date of their appointment they shall return a written report to the office of the

 2          Circuit Court, stating the above values in their award and shall describe in their

 3          report the property sought to be condemned. They shall be allowed a reasonable fee

 4          which shall be taxed as costs, unless they have failed to return a written report

 5          within fifteen (15) days.

 6   (2)    In the event any person appointed to serve as commissioner fails, refuses or

 7          becomes incapable of acting, or is disqualified for lack of impartiality, the court, or

 8          judge thereof shall forthwith appoint a qualified person to fill the vacancy. A
 9          majority of the commissioners appointed and qualified have the power to act and to

10          make and sign the award and report. If a majority of the commissioners do not agree

11          on a decision, three (3) new commissioners shall be appointed by the court on

12          application by any of the parties to the action.

13          Section 56. KRS 416.590 is amended to read as follows:

14   Upon the application of the petitioner, and the filing of any necessary affidavits, the clerk

15   of the court shall issue process against the owner to show cause why the petitioner does

16   not have the right to condemn the lands, or the use and occupation thereof sought to be

17   condemned. The summons shall contain a copy of the commissioner's report[statement

18   of the amount of the award] and shall state that an answer or other pleading, if any, must

19   be filed within forty-five (45)[twenty (20)] days from date of service. The clerk shall

20   make such orders as to nonresidents and persons under disability as are required by the

21   statutes and Rules of Civil Procedure in actions against them in Circuit Courts.

22          Section 57. KRS 416.600 is amended to read as follows:

23   Any answer or other pleading filed by the owner in response to the summons shall be

24   filed on or before the forty-five (45)[twenty (20)] days after date of service and shall be

25   confined solely to the question of the right of the petitioner to condemn the property
26   sought to be condemned, but without prejudice to the owner's right to except from the

27   amount of the compensation awarded in the manner provided in KRS 416.550 to

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 1   416.670.

 2          Section 58. KRS 416.610 is amended to read as follows:

 3   (1)    After the owner has been summoned forty-five (45)[twenty (20)] days, the court

 4          shall examine the report of the commissioners to determine whether it conforms to

 5          the provisions of KRS 416.580. If the report of the commissioners is not in the

 6          proper form the court shall require the commissioners to make such corrections as

 7          are necessary.

 8   (2)    If no answer or other pleading is filed by the owner or owners putting in issue the
 9          right of the petitioner to condemn the property or the use and occupation thereof

10          sought to be condemned, the court shall enter an interlocutory judgment which shall

11          contain, in substance:

12          (a)     A finding that the petitioner has the right, under the provisions of KRS

13                  416.550 to 416.670 and other applicable law to condemn the property or the

14                  use and occupation thereof;

15          (b)     A finding that the report of the commissioners conforms to the provisions of

16                  KRS 416.580;

17          (c)     An authorization to take possession of the property for the purposes and under

18                  the conditions and limitations, if any, set forth in the petition upon payment to

19                  the owner or to the clerk of the court the amount of the compensation awarded

20                  by the commissioners;

21          (d)     Proper provision for the conveyance of the title to the land and material, to the

22                  extent condemned, as adjudged therein in the event no exception is taken as

23                  provided in KRS 416.620(1).

24   (3)    Any exception from such interlocutory judgment by either party or both parties shall

25          be confined solely to exceptions to the amount of compensation awarded by the
26          commissioners.

27   (4)    If the owner has filed an answer or pleading putting in issue the right of the

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 1          petitioner to condemn the property or public use and occupation thereof sought to

 2          be condemned, the court shall conduct a trial by jury to resolve the issue. If the

 3          condemnee waives the right to jury trial, the court shall[, without intervention of

 4          jury,] proceed forthwith to hear and determine whether or not the petitioner has

 5          such right. If the jury or court determines that petitioner has such rights, an

 6          interlocutory judgment, as provided for in subsection (2) of this section, shall be

 7          entered by the court. If the jury or court determines that the petitioner does not

 8          have such right, the court[it] shall enter a final judgment which shall contain, in
 9          substance:

10          (a)     A finding that the report of the commissioners conforms to the provisions of

11                  KRS 416.580;

12          (b)     A finding that the petitioner is not authorized to condemn the property or the

13                  public use and occupation thereof[ for the purposes] and under the conditions

14                  and limitations set forth in the petition, stating the particular ground or

15                  grounds on which the petitioner is not so authorized;

16          (c)     An order dismissing the petition and directing the petitioner to pay all costs.

17          Section 59. KRS 416.620 is amended to read as follows:

18   (1)    Within thirty (30) days from the date of entry of an interlocutory judgment

19          authorizing the petitioner to take possession of the property, exceptions may be filed

20          by either party or both parties by filing with the clerk of the Circuit Court and

21          serving upon the other party or parties a statement of exceptions, which statement

22          shall contain any exceptions the party has to the award made by the commissioners.

23          The statement of exceptions shall be tried, but shall be limited to the questions

24          which are raised in the original statements of the exceptions, or as amended, but the

25          owner shall not be permitted to raise any question, nor shall the court reconsider any
26          question so raised, concerning the right of the petitioner to condemn the property.

27          All questions of fact pertaining to the amount of compensation to the owner, or

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 1          owners, shall be determined by a jury, which jury on the motion of either party shall

 2          be sent by the court, in the charge of the sheriff, to view the land and material

 3          sought to be condemned. After a jury trial, and if possession previously has not

 4          been taken by the condemnor of the land and material condemned, it may do so

 5          upon the payment to the owner or to the clerk of the Circuit Court the amount of the

 6          compensation adjudged by the Circuit Court to be due the owner.

 7   (2)    Appeals may be taken to the Court of Appeals from the final judgment of the

 8          Circuit Court, and the notice of appeal shall be filed within ten (10) days of the
 9          entry of the judgment,[ as in other cases] except that an appeal by the owner shall

10          not operate as a supersedeas.

11   (3)    The payment by the condemnor of the amount of compensation awarded and the

12          taking possession of the lands and material condemned shall not prejudice its right

13          to except from the award of the commissioners or the judgment of any court, nor

14          shall the acceptance by the owner of the amount of the compensation awarded

15          prejudice his right to except from the award of the commissioners or the judgment

16          of any court.

17   (4)    If the condemnor appeals and is unable to reduce the amount of the

18          commissioner's award by at least twenty percent (20%), the condemnee shall be

19          entitled to reimbursement for the service fees of one (1) attorney and not more

20          than two (2) expert witnesses, which fees shall be taxed as costs.
21   (5)    All costs in the Circuit Court shall be adjudged against the condemnor.

22   (6)[(5)]       If the condemnor takes possession of the property condemned and the amount

23          of compensation is thereafter increased over that awarded by the commissioners, the

24          condemnor shall pay interest to the owner at the rate of the federal prime interest

25          rate then in effect plus five percent (5%)[six percent (6%)] per annum upon the
26          amount of such increase from the date the condemnor took possession of the

27          property. If the condemnor takes possession of the property condemned and the

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 1          amount of compensation is thereafter decreased below that awarded by the

 2          commissioners, the condemnor shall be entitled to a personal judgment against the

 3          owner for the amount of the decrease plus interest at the rate of the federal prime

 4          interest rate then in effect plus five percent (5%)[ six percent (6%)] per annum

 5          from the date the owner accepted the amount of compensation the condemnor paid

 6          into court or to the owner. If the owner at all times refuses to accept the payment

 7          tendered by the condemnor, no interest shall be allowed in the judgment against the

 8          owner for the amount of the decrease.
 9   (6)    Upon the final determination of exceptions, or upon expiration of thirty (30) days

10          from entry of the interlocutory judgment if no exceptions are filed, the Circuit Court

11          shall make such orders as may be proper for the conveyance of the title to the extent

12          condemned, to the property, and shall enter such final judgment as may be

13          appropriate.

14          Section 60. KRS 416.630 is amended to read as follows:

15   (1)    All money paid into court or paid or transferred to the clerk of a court under the

16          provisions of KRS 416.550 to 416.670, except as provided in subsection (2) of this

17          section, shall be received by the clerk of the court and held subject to the order of

18          the court, for which the clerk and his sureties on his official bond shall be

19          responsible to the persons entitled thereto.

20   (2)    All funds held on appeal shall be held in escrow by the clerk of the court. Funds

21          not disbursed under appeal shall accrue interest at the federal prime interest rate

22          in effect on the filing date of the notice of appeal plus five percent (5%) per

23          annum until disbursed.
24          Section 61. KRS 416.640 is amended to read as follows:

25   Where there are conflicting claimants to the land sought to be condemned and all such
26   parties are before the court, each claimant, for the purposes of the condemnation

27   proceeding only, shall be deemed to be an owner, and the procedure for the condemnation

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 1   of the land shall be as provided in KRS 416.550 to 416.670 except that, before the

 2   condemnor shall be entitled to take possession of the land, it shall be required to pay the

 3   compensation awarded therein to the Circuit Court clerk to be held for the benefit of, and

 4   paid over to such persons as may thereafter be determined to be entitled to receive it. In

 5   such cases, the claimants may have their rights determined in a separate action, but the

 6   filing of such action or its pendency shall not[in no wise] stay or delay said condemnation

 7   proceedings.

 8          Section 62. KRS 416.660 is amended to read as follows:
 9   (1)    In all actions for the condemnation of lands under the provisions of KRS 416.550 to

10          416.670, except temporary easements, there shall be awarded to the landowners as

11          compensation such a sum as will fairly represent the difference between the fair

12          market value of the entire tract, all or a portion of which is sought to be condemned,

13          immediately before the taking and the fair market value of the remainder thereof

14          immediately after the taking, including in the remainder all rights which the

15          landowner may retain in the lands sought to be condemned where less than the fee

16          simple interest therein is taken, together with the fair rental value of any temporary

17          easements sought to be condemned.

18   (2)    Any change in the fair market value prior to the date of condemnation which the

19          condemnor or condemnee establishes was substantially due to the general

20          knowledge of the imminence of condemnation or the construction of the project

21          shall be disregarded in determining fair market value. The taking date for valuation

22          purposes shall be either the date the petition is filed in court or the date the

23          condemnor damages the property for public use[condemnor takes the land, or the

24          date of the trial of the issue of just compensation], whichever occurs first.

25          Section 63. KRS 416.670 is amended to read as follows:
26   (1)    Development shall be started on any property which has been acquired through

27          condemnation within a period of five (5)[eight (8)] years from the date of the deed

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 1          to the condemnor or the date on which the condemnor took possession, whichever

 2          is earlier, for the public use[purpose] for which it was condemned. The failure of

 3          the condemnor to so begin development shall entitle the current landowner to

 4          repurchase the property at the price the condemnor paid to the landowner for the

 5          property, less any damages or reduction in value caused by the condemnor. The

 6          current owner of the land from which the condemned land was taken may reacquire

 7          the land as aforementioned.

 8   (2)    Any condemnor who fails to develop property acquired by condemnation or who
 9          fails to begin design on highway projects pursuant to KRS Chapter 177 within a

10          period of five (5)[eight (8)] years after acquisition, shall notify the current

11          landowner of the provisions of subsection (1) of this section. If the current

12          landowner refuses to purchase property described in this section, public notice shall

13          be given in a manner prescribed in KRS Chapter 424 within thirty (30) days of the

14          refusal, and the property shall be sold at public auction. [Provided, however, that

15          this section shall not apply to property acquired for purposes of industrial

16          development pursuant to KRS Chapter 152.]

17   (3)    If there are two (2) or more current owners of the land from which the condemned

18          land was taken because the remaining land was subdivided, and if they have a

19          common boundary with the condemned land, the condemned land shall be

20          reacquired by allowing all owners of a parcel of the remaining land with a common

21          boundary and from which the condemned land was taken to offer sealed bids for the

22          condemned land within thirty (30) days of notification by the condemnor. The

23          condemnor shall accept the highest and best sealed bid equal to or greater than the

24          price paid at the time of condemnation. If there are no sealed bids or if all sealed

25          bids are below the original price paid by the condemnor for the property, the
26          property shall be sold at public auction.

27          Section 64. KRS 416.675 is amended to read as follows:

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 1   (1)    Every grant of authority contained in the Kentucky Revised Statutes to exercise the

 2          power of eminent domain shall be subject to the condition that the authority be

 3          exercised only to effectuate a public use of the condemned property.

 4   (2)    "Public use" shall mean the following:

 5          (a)     Ownership of the property by the Commonwealth, a political subdivision of

 6                  the Commonwealth, or other governmental entity;

 7          (b)     The possession, occupation, or enjoyment of the property as a matter of right

 8                  by the Commonwealth, a political subdivision of the Commonwealth, or other
 9                  governmental entity;

10          (c)[ The acquisition and transfer of property for the purpose of eliminating

11                  blighted areas, slum areas, or substandard and insanitary areas in accordance

12                  with KRS Chapter 99;

13          (d)] The use of the property for the creation or operation of public utilities or

14                  common carriers; or

15          (d)[(e)]     Other use of the property expressly authorized by statute.

16   (3)    No provision in the law of the Commonwealth shall be construed to authorize the

17          condemnation of private property for transfer to a private owner for the purpose of

18          economic development that benefits the general public only indirectly, such as by

19          increasing the tax base, tax revenues, or employment, or by promoting the general

20          economic health of the community. However, this provision shall not prohibit the

21          sale or lease of property to private entities that occupy an incidental area within a

22          public project or building, provided that no property may be condemned primarily

23          for the purpose of facilitating an incidental private use.

24   (4)    The exercise of the power of eminent domain for the acquisition of property

25          financed by state road funds or federal highway funds shall be exempt from the
26          provisions of this section.

27          Section 65. The following KRS sections are repealed:

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1   99.220 Certificate of approval of condemnation.

2   99.230 Method of condemnation -- Conveyance of property to corporation.

3   99.240 Kinds of evidence admissible on question of value of condemned property --

4          Expedition of proceedings -- Condemnation of property devoted to public use.

5   99.420 Eminent domain.

6   107.400 Approval necessary to condemnation action.

7   177.260 Precedence of condemnation cases in courts.




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