Legal Opinion

Decker v. City of Somerset

Court of Appeals of Kentucky

Decided May 15, 1992No. Nos. 91-CA-1328-MR, 91-CA-1329-MR and 91-CA-1330 MRPublishedCited by 4 opinions

1Opinion of the Court

McDonald, Judge.

This is a consolidated appeal concerning the condemnation of private property owned by the appellants, Dora E. Decker, Pauline Decker and Emma Pierce. Appel-lee, City of Somerset, commenced the suit as the condemning authority under the Eminent Domain Act, KRS Chapter 416, in conjunction with statutory provisions KRS 82.105, KRS 82.110 and KRS 82.180.

After filing the suit, the City amended its petition and pled KRS Chapter 58 as additional statutory authority for the City’s right to condemn.

The properties condemned are not within the city limits of Somerset, and this fact…

2Cases cited5 opinions

  1. Commonwealth Transportation Cabinet Department of Highways v. TaubKentucky Supreme Court · 1988
  2. City of Owensboro v. McCormickKentucky Supreme Court · 1979
  3. Prestonia Area Neighborhood Ass'n v. AbramsonKentucky Supreme Court · 1990
  4. Anderson v. Wayne CountyCourt of Appeals of Kentucky (pre-1976) · 1949
  5. Baker v. City of RichmondCourt of Appeals of Kentucky · 1986

3Cited by4 opinions

  1. God's Center Foundation, Inc. v. Lexington Fayette Urban County GovernmentCourt of Appeals of Kentucky · 2002
  2. City of Louisville v. Louisville Scrap Material Co.Kentucky Supreme Court · 1996
  3. Commonwealth v. CookseyCourt of Appeals of Kentucky · 1997
  4. Commonwealth v. CookseyCourt of Appeals of Kentucky · 1997

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