Ky. Cir. Ct. Clerks' Manual CONDEMNATION PROCEEDINGS

21 CONDEMNATION PROCEEDINGS

KRS 416.540 to 416.610

Circuit Court

A condemnation proceeding is an action by any person, corporation or entity, including the

Commonwealth of Kentucky, its agencies and departments, county, municipality and taxing

district authorized and empowered by law to take private property for a public use under

the right of eminent domain. A condemnation proceeding is commenced by the filing of a

petition.

21.1 Petition Quick Reference

1. Collect filing fees as set forth in the Accounting Manual and give a receipt. Collect filing fees

Do not process the petition until the filing fees are paid.

NOTE: Governmental agencies, including the Commonwealth, are not

exempt from payment of this filing fee. KRS 416.560(3).

2. Apply the FILED stamp to the petition; add the date and your initials. File, date, initial

3. Assign to a division using the procedure in your local court rules.

4. Open a case. For more information, see Case Add in the KyCourts Manual. Case type DOMAIN

Use case type DOMAIN.

Circuit civil CI case

5. Generate the next number for circuit civil CI cases or use the next

pre-numbered file folder.

Do not issue

6. Do not issue a summons at this time. summons

7. The plaintiff must file enough copies of the petition for service upon each

defendant and commissioners, in addition to the original, which is filed in

your office. If you make the copies, collect a copy fee as set forth in the

Accounting Manual and give a receipt.

CONDEMNATION PROCEEDINGS

21.2 Commissioners

For more information, see Commissioners of Circuit Court.

1. Following the filing of a petition to condemn property, the circuit court, or Quick Reference

in the absence of the circuit judge, the circuit clerk, shall appoint three Appoint three

impartial landowners as commissioners. KRS 416.580. landowners as

commissioners

2. Apply the FILED stamp to the appointment; add the date and your

initials. File, date, initial

Document type

3. File on a document screen. Use document type OACO. OACO

4. Provide copies to the appointees and attorney for the plaintiff.

5. Within 15 days from the date of their appointment, the commissioners

shall submit a written report to the circuit court describing the property

sought to be condemned and the amount awarded.

File report, date,

6. Apply FILED stamp to the report; add the date and your initials. initial

7. File by completing a document screen. Use document type RCOM. Document type

8. The commissioners are entitled to collect a reasonable fee which shall be RCOM

taxed as costs by the court.

21.3 Summons Issuance

1. Following the filing of the commissioners' report, issue a summons on the

respondent/landowner by completing a summons screen. CR 4.02, CR

4.04(1). Use summons type CS.

Summons type CS

NOTE: Include a copy of the petition and commissioners’ report with the

summons. The amount of the commissioners fee should be included in the

order or on the summons.

2. The plaintiff will instruct whether service of the summons is by certified

mail or personal service. For more information, see Service of Process.

21.4 Return of Service

For more information, see Service of Process.

A civil summons may be issued on holidays and served on Sundays and holidays upon an

affidavit that the process cannot be executed after that day. KRS 454.125.

CONDEMNATION PROCEEDINGS

21.5 Hearing

1. Upon receipt of an answer to the petition, apply the FILED stamp; add Quick Reference

the date and your initials. File, date, initial

2. File on a document screen. Use document type ANS.

3. Schedule a hearing as directed by the court, by completing a scheduled Document type

events screen. ANS

4. If the owner prevails on the hearing, the court will order a final judgment

entered in the case and the dismissal of the case. Upon receipt of final Schedule a hearing

judgment and dismissal, apply the ENTERED stamp; add the date and Enter judgment,

your initials. date, initial

5. Enter the judgment on the document screen. Include the notice of entry

method. For more information, see Notice of Entry. NOE

6. After entry of the final judgment, and order of dismissal, serve notice of

entry on every party who is not in default or who has not filed a written

waiver of notice. For more information, see Notice of Entry.

21.5.1 Interlocutory Judgment

1. If the owner does not file an answer to the petition, the court may enter Enter interlocutory

an interlocutory judgment. When an interlocutory judgment is received, judgment, date,

apply the ENTERED stamp; add the date and your initials. initial

2. Enter the interlocutory judgment on the document screen, using

document code JIN, and include the notice of entry method. Do not

close the case. For more information, see Notice of Entry.

3. After entry of the interlocutory judgment, serve notice of entry on every Document type

party who is not in default or who has not filed a written waiver of notice. JIN

For more information, see Notice of Entry.

NOE

21.5.2 Exceptions/Trial

Within 30 days from the entry of an interlocutory judgment, either party may file exceptions

to the interlocutory judgment on the matter of the amount to be paid to the owner for the

property.

1. If exceptions are filed, apply the FILED stamp; add the date and your File, date, initial

initials. File the exceptions on a document screen using document code Document code

EXPT. EXPT

2. Schedule a trial as directed by your judge using event type CT - Court Trial

or JT – Jury Trial. Upon conclusion of the trial, the court will order a final Event type CT or JT

judgment to be entered.

If no exceptions to the interlocutory judgment are filed, the court will order a

final judgment to be entered.

CONDEMNATION PROCEEDINGS

21.5.3 Payment to Owner

The court may order that the amount to be paid to the owner of the condemned property

be paid:

• directly to the owner of the property; or

• to the Circuit Clerk to be disbursed to the owner of the property.

Any monies paid to the Clerk, should be handled according to the instructions of the Order.

KRS 416.630. The Order, if separate from the final judgment, should be processed in the

same manner as the final judgment.

21.5.4 Final Judgment

1. When the order of final judgment is received, apply the ENTERED stamp; Quick Reference

add the date and your initials. Enter final

judgment, date,

2. Enter the judgment on the document screen, and include the notice of and initial

entry method. For more information, see Notice of Entry.

3. After entry of the final judgment, serve notice of entry on every party who

is not in default or who has not filed a written waiver of notice. For more

information, see Notice of Entry. Serve notice of

entry

4. Close the case screen by completing the disposition date, disposition type

and judge in the proper disposition fields.