178.110 Condemnation of right-of-way -- Temporary roads. - Kentucky Statutes

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178.110 Condemnation of right-of-way -- Temporary roads. (1) If the court decides to establish or alter a county road, bridge or landing, and the compensation to be paid for the right-of-way cannot be fixed by agreement, the
right-of-way shall be condemned under the procedure set forth in the Eminent
Domain Act of Kentucky. (2) In case of roadbeds or bridges, or a portion of them, washing or slipping away, or in case of extreme emergency, and when in its judgment conditions warrant it, the
fiscal court may immediately open and have surveyed a road or passway to be
temporarily used while the commissioners appointed under the Eminent Domain
Act of Kentucky are acting, or while the matter is pending in the court to establish a
permanent road or passway, and the commissioners shall assess the damages of the
temporary road or use thereof. The same proceedings shall be had to recover
damages as in recovery in regard to other roads. (3) But when such compensation is ascertained it shall be at the option of the fiscal court to pay it or to abandon the proposed undertaking. If it decides to pay the
compensation, the fiscal court of the county shall include in its next levy an amount
sufficient therefor. (4) Not more than two (2) acres shall be condemned for a landing. Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 309, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 78. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4302.