Businessman Thinks Ky. Owes Him More For Property

Condemnation cases are common in transportation development, he said.

"First comes an offer from the state to the property owner," Wolfe said. "If the owner rejects the offer, the cabinet files a condemnation action in circuit court.

"The court appoints three commissioners to view the property and place a value on the acquisition."

Then the transportation cabinet "posts that amount of money with the court and requests a 'right of entry,' which, as the term implies, legally allows for possession of the property," Wolfe said.

"The court will grant right of entry if the owner has not filed a challenge to the cabinet's right to take the property.

"The owner may withdraw the amount of the commissioners' award. Withdrawing the award does not mean that the owner agrees with the amount of the award. Typically, the state continues to seek an agreement through negotiation. Failing all else, the matter goes to trial and a jury decides the price."

Wolfe said: "The cabinet will work to help a property owner relocate. Assistance may include helping find alternative property, getting cost estimates to move, etc. After the cabinet gets possession of the property, notice is given to vacate the property.