Eminent Domain Under Kentucky Law
Eminent domain is the power of the government to take private property for public use, with just compensation. The Fifth Amendment to the U.S. Constitution and Article XIII of the Kentucky Constitution both guarantee this right.
In Kentucky, the government can use eminent domain to take property for a variety of purposes, including:
Building roads, bridges, and other public infrastructure
Expanding public schools and other government facilities
Creating parks and other recreational areas
Conducting environmental cleanups
Promoting economic development
The government must first give the property owner notice of its intent to take the property. The owner then has an opportunity to object to the taking. If the owner does object, the government must go to court to get permission to take the property.
In court, the government must prove that the taking is for a public use and that the compensation it is offering is just. If the court finds that the taking is for a public use and that the compensation is just, the government will be allowed to take the property.
If you are facing a government taking of your property, it is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options and can represent you in court if necessary.
What to Do If Your Property Is Taken by Eminent Domain
If your property is taken by eminent domain, there are a few things you should do:
Get legal advice. It is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options and can represent you in court if necessary.
Document everything. Keep a record of all communications with the government, including letters, emails, and phone calls. You should also document any damage to your property that is caused by the taking.
File a claim for compensation. The government is required to pay you just compensation for your property. The amount of compensation will be based on the fair market value of your property, as of the date of the taking.
Negotiate with the government. The government may be willing to negotiate a higher amount of compensation. If you are unable to reach an agreement with the government, you may need to file a lawsuit.
What Are Your Rights Under Eminent Domain?
Under Kentucky law, you have the following rights if your property is taken by eminent domain:
The right to be notified of the taking
The right to object to the taking
The right to a fair hearing
The right to just compensation
The right to be free from physical damage to your property
What If You Disagree With the Government's Offer of Compensation?
If you disagree with the government's offer of compensation, you have the right to file a lawsuit. In court, you will have the opportunity to present evidence to support your claim for a higher amount of compensation.
What If You Can't Afford to Hire an Attorney?
If you can't afford to hire an attorney, there are a few options available to you. You may be able to agree to a contingency fee representation. You can also find more information about your legal rights and options on the website of the Kentucky Eminent Domain Commission.
Eminent domain is a complex legal issue. If you are facing a government taking of your property, it is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options and can represent you in court if necessary.