Engineering Commons^™

Understanding And Efficiently Managing Right-To-Take Challenges In Kentucky, Pam Clay-Young, Steve Waddle, Bryan Gibson

Kentucky Transportation Center Research Report

Executive Summary

Kentucky constitutional and statutory law requires that a fair process be in place to let a property owner challenge a condemnor’s right to acquire private property, including a right to appeal the initial decision. Property acquired by a condemnor must be for public use, and property owners have the right to an immediate and expedited hearing on right-to-take. Two of these requirements will remain in place regardless of statutory revisions: the requirement that property must be needed (i.e., not arbitrary) for public use, and the right to one appeal. Only an amendment(s) to the Kentucky Constitution would alter …