Vandertoll v. Commonwealth

Opinion of the Court by

Justice STUMBO.

This is a consolidated appeal from two Court of Appeals’ opinions dealing with the same issues of law. The main issues on appeal are: (1) whether the application of Kentucky Revised Statute (KRS) 416.670 to condemnations occurring more than eight years 1 prior to the statute’s amendment in 1980, constitutes an impermissible retroactive application of that statute; (2) what is the applicable statute of limitations period for claims arising under KRS 416.670; and (3) whether the Transportation Cabinet’s 2 failure to give condemnees actual notice of their…