Fisher v. Urban Renewal & Community Development Agency of Louisville

OSBORNE, Judge.

This is an appeal by the landowner from the judgment in a condemnation case in which his land was taken by an urban renewal agency. The only error the landowner alleges is the failure of the court to grant a jury view.

KRS 99.420(7) provides, “* * * upon request of any of the parties, the court may, in its discretion, send the jury to view the premises * * This statute is permissive in nature and leaves the determination of a jury view to the judge’s discretion. This differs from KRS 177.087, the highway condemnation statute, which makes a jury view mandatory if requested by…