KRS § 99.240 — KY Code / Title IX / Chapter 99 / Section 99.240
99.240 Kinds of evidence admissible on question of value of condemned property -- Expedition of proceedings -- Condemnation of property devoted to public use
Status: reserved

99.240 Kinds of evidence admissible on question of value of condemned property --

Expedition of proceedings -- Condemnation of property devoted to public use.

The following provisions shall apply to any proceedings for the assessment of

compensation and damages for real property in a development area taken or to be taken

by condemnation for a redevelopment corporation:

(1) Evidence of the price and other terms upon any bona fide sale, or the rent received

or reserved, and other terms upon any bona fide sale, option, lease or tenancy

relating to any of the real property taken or to be taken or to any comparable real

property in the vicinity when the option, sale, or lease was given, occurred or the

tenancy existed, within a reasonable time of the trial, shall be admissible on direct

examination.

(2) Any time during the pendency of such action or proceeding, the redevelopment

corporation, the city or any owner may apply to the court for an order directing any

owner, the redevelopment corporation, or the city, as the case may be, to show

cause why further proceedings should not be expedited, and the court may upon

such application make an order requiring that the hearings proceed and that any

other steps be taken with all possible expedition.

(3) For the purposes of KRS 99.010 to 99.310, the award of compensation shall not be

increased by reason of any increase in the value of the real property caused by the

assembly, clearance or reconstruction, or proposed assembly, clearance or

reconstruction for the purposes of KRS 99.010 to 99.310 of the real property in the

development area. No allowance shall be made for the improvements begun on real

property after notice to the owner of such property of the institution of the

proceedings to condemn such property.

(4) Evidence shall be admissible bearing upon the insanitary, unsafe or substandard

condition of the premises, or the illegal use thereof, or the enhancement of rentals

from such illegal use, and such evidence may be considered in fixing the

compensation to be paid, notwithstanding that no steps to remedy or abate such

conditions have been taken by the department or officer having jurisdiction. If a

violation order is on file against the premises in any such department, it shall

constitute prima facie evidence of the existence of the condition specified in such

order.

(5) If any of the real property in the development area which is to be acquired by

condemnation has, prior to such acquisition, been devoted to another public use, it

may nevertheless be acquired, Provided, That no real property belonging to the city

or to any other governmental body, or agency or instrumentality thereof, corporate

or otherwise, may be acquired without its consent.

(6) Upon the trial, evidence of the price and other terms upon a sale or assignment or of

a contract for the sale or assignment of a mortgage, award, proposed award, transfer

of a tax lien or lien of a judgment relating to property taken, shall be relevant,

material and competent, upon the issue of value or damage and shall be admissible

on direct examination.

(7) Upon the trial, a statement, affidavit, deposition, report, transcript of testimony in

an action or proceeding, or appraisal made or given by any owner or prior owner of

the premises taken, or by any person on his behalf, to any court, governmental

bureau, department or agency respecting the value of the real property for tax

purposes, shall be relevant, material and competent upon the issue of value or

damage and shall be admissible on direct examination.