Kentucky Statutes 416.610 – Trial by court on pleadings — Interlocutory judgment
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(1) After the owner has been summoned twenty (20) days, the court shall examine the report of the commissioners to determine whether it conforms to the provisions of KRS § 416.580. If the report of the commissioners is not in the proper form the court shall require the commissioners to make such corrections as are necessary.
(2) If no answer or other pleading is filed by the owner or owners putting in issue the right of the petitioner to condemn the property or the use and occupation thereof sought to be condemned, the court shall enter an interlocutory judgment which shall contain, in substance:
(a) A finding that the petitioner has the right, under the provisions of KRS
416.550 to 416.670 and other applicable law to condemn the property or the use and occupation thereof;
(b) A finding that the report of the commissioners conforms to the provisions of
KRS § 416.580;
(c) An authorization to take possession of the property for the purposes and under the conditions and limitations, if any, set forth in the petition upon payment to the owner or to the clerk of the court the amount of the compensation awarded by the commissioners;
(d) Proper provision for the conveyance of the title to the land and material, to the extent condemned, as adjudged therein in the event no exception is taken as provided in KRS § 416.620(1).
(3) Any exception from such interlocutory judgment by either party or both parties shall be confined solely to exceptions to the amount of compensation awarded by the commissioners.
(4) If the owner has filed answer or pleading putting in issue the right of the petitioner to condemn the property or use and occupation thereof sought to be condemned, the court shall, without intervention of jury, proceed forthwith to hear and determine whether or not the petitioner has such right. If the court determines that petitioner has such rights, an interlocutory judgment, as provided for in subsection (2) of this section, shall be entered. If the court determines that petitioner does not have such right, it shall enter a final judgment which shall contain, in substance:
(a) A finding that the report of the commissioners conforms to the provisions of
KRS § 416.580;
(b) A finding that the petitioner is not authorized to condemn the property or the use and occupation thereof for the purposes and under the conditions and limitations set forth in the petition, stating the particular ground or grounds on which the petitioner is not so authorized;
(c) An order dismissing the petition and directing the petitioner to pay all costs.
History: Created 1976 Ky. Acts ch. 140, sec. 9.
(2) If no answer or other pleading is filed by the owner or owners putting in issue the right of the petitioner to condemn the property or the use and occupation thereof sought to be condemned, the court shall enter an interlocutory judgment which shall contain, in substance:
Terms Used In Kentucky Statutes 416.610
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
(a) A finding that the petitioner has the right, under the provisions of KRS
416.550 to 416.670 and other applicable law to condemn the property or the use and occupation thereof;
(b) A finding that the report of the commissioners conforms to the provisions of
KRS § 416.580;
(c) An authorization to take possession of the property for the purposes and under the conditions and limitations, if any, set forth in the petition upon payment to the owner or to the clerk of the court the amount of the compensation awarded by the commissioners;
(d) Proper provision for the conveyance of the title to the land and material, to the extent condemned, as adjudged therein in the event no exception is taken as provided in KRS § 416.620(1).
(3) Any exception from such interlocutory judgment by either party or both parties shall be confined solely to exceptions to the amount of compensation awarded by the commissioners.
(4) If the owner has filed answer or pleading putting in issue the right of the petitioner to condemn the property or use and occupation thereof sought to be condemned, the court shall, without intervention of jury, proceed forthwith to hear and determine whether or not the petitioner has such right. If the court determines that petitioner has such rights, an interlocutory judgment, as provided for in subsection (2) of this section, shall be entered. If the court determines that petitioner does not have such right, it shall enter a final judgment which shall contain, in substance:
(a) A finding that the report of the commissioners conforms to the provisions of
KRS § 416.580;
(b) A finding that the petitioner is not authorized to condemn the property or the use and occupation thereof for the purposes and under the conditions and limitations set forth in the petition, stating the particular ground or grounds on which the petitioner is not so authorized;
(c) An order dismissing the petition and directing the petitioner to pay all costs.
History: Created 1976 Ky. Acts ch. 140, sec. 9.