KRS § 416.620 — KY Code / Title XXXVII / Chapter 416 / Section 416.620
416.620 Trial of exceptions to interlocutory judgment -- Questions as to compensation to be tried by jury -- Appeals
Status: in_force

416.620 Trial of exceptions to interlocutory judgment -- Questions as to

compensation to be tried by jury -- Appeals.

(1) Within thirty (30) days from the date of entry of an interlocutory judgment

authorizing the petitioner to take possession of the property, exceptions may be filed

by either party or both parties by filing with the clerk of the Circuit Court and

serving upon the other party or parties a statement of exceptions, which statement

shall contain any exceptions the party has to the award made by the commissioners.

The statement of exceptions shall be tried, but shall be limited to the questions

which are raised in the original statements of the exceptions, or as amended, but the

owner shall not be permitted to raise any question, nor shall the court reconsider any

question so raised, concerning the right of the petitioner to condemn the property.

All questions of fact pertaining to the amount of compensation to the owner, or

owners, shall be determined by a jury, which jury on the motion of either party shall

be sent by the court, in the charge of the sheriff, to view the land and material. After

a jury trial, and if possession previously has not been taken by the condemnor of the

land and material condemned, it may do so upon the payment to the owner or to the

clerk of the Circuit Court the amount of the compensation adjudged by the Circuit

Court to be due the owner.

(2) Appeals may be taken to the Court of Appeals from the final judgment of the

Circuit Court as in other cases except that an appeal by the owner shall not operate

as a supersedeas.

(3) The payment by the condemnor of the amount of compensation awarded and the

taking possession of the lands and material condemned shall not prejudice its right

to except from the award of the commissioners or the judgment of any court, nor

shall the acceptance by the owner of the amount of the compensation awarded

prejudice his right to except from the award of the commissioners or the judgment

of any court.

(4) All costs in the Circuit Court shall be adjudged against the condemnor.

(5) If the condemnor takes possession of the property condemned and the amount of

compensation is thereafter increased over that awarded by the commissioners, the

condemnor shall pay interest to the owner at the rate of six percent (6%) per annum

upon the amount of such increase from the date the condemnor took possession of

the property. If the condemnor takes possession of the property condemned and the

amount of compensation is thereafter decreased below that awarded by the

commissioners, the condemnor shall be entitled to a personal judgment against the

owner for the amount of the decrease plus interest at the rate of six percent (6%) per

annum from the date the owner accepted the amount of compensation the

condemnor paid into court or to the owner. If the owner at all times refuses to

accept the payment tendered by the condemnor, no interest shall be allowed in the

judgment against the owner for the amount of the decrease.

(6) Upon the final determination of exceptions, or upon expiration of thirty (30) days

from entry of the interlocutory judgment if no exceptions are filed, the Circuit Court

shall make such orders as may be proper for the conveyance of the title to the extent

condemned, to the property, and shall enter such final judgment as may be

appropriate.