M. S. S. Enterprises, Inc. v. Louisville Gas & Electric Co.

STEPHEN COMBS, JR., Special Commissioner.

The determining question in this appeal by appellant-condemnee in a condemnation proceeding is procedural. On November 17, 1966, the appellee instituted condemnation proceedings in the Jefferson County Court seeking an easement for the construction and maintenance of electrical transmission lines and appurtenances through and over the land of appellant.

The appellant by its answer challenged appellee’s right to condemn on the grounds that (1) there had not been good faith efforts toward negotiating with the owner prior to the institution of the…