Kuchle Realty Co. v. Commonwealth of Kentucky Dept of Transportation
COA Published 6/1/2018
The authority to condemn is subject to the constitutional restrictionthat the taking be for “public use” and the condemnee receive “justcompensation[.]” See Ky. Const. § 13. “Generally, the condemning body has broad discretion in exercising its eminent domain authority including the amountof land to be taken.” God’s Ctr. Found., Inc. v. Lexington Fayette Urban Cty. Gov’t, 125 S.W.3d 295, 299 (Ky.App. 2002). The Courts will not interfere with adecision to condemn unless “there has been such a clear and gross abuse ofdiscretion as to violate Section 2 of the Constitution of Kentucky, which section isa guaranty against the exercise of arbitrary power.” Commonwealth Dep’t of Highways v. Vandertoll, 388 S.W.2d 358, 360 (Ky. 1964). “[W]hen the department of highways by official order determines that an acquisition is necessary a condemnee, in order to defeat such an acquisition, has the burden of proving fraud, bad faith, or abuse of discretion.” Id. at 359. This Court reviews a lower court’s determination under a clearly erroneous standard and will uphold its ruling if supported by substantial evidence. Clark v. Bd. of Regents of W. Ky. Univ., 311 S.W.3d 726, 731 (Ky.App. 2010). An interlocutory order on the condemnor’s right to take is immediately appealable. Ratliff v. Fiscal Court of Caldwell Cty., Kentucky, 617 S.W.2d 36, 39 (Ky. 1981).
