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File #: R-105-16    Version: 1 Name:
Type: Resolution Status: Passed
File created: 8/19/2016 In control: Public Works, Bridges and Transportation
On agenda: 9/8/2016 Final action: 9/8/2016
Title: A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNER OF CERTAIN PROPERTY IN JEFFERSON COUNTY IN CONNECTION WITH THE CULVERT REPAIR PROJECT ON BROAD RUN ROAD (PARCEL NO. 3).
Sponsors: Stuart Benson (R-20)
Attachments: 1. R-105-16 EXHIBIT A JCA CONDEMNATION ACTION BROAD RUN ROAD, 2. R-105-16 EXHIBIT B JCA CONDEMNATION ACTION BROAD RUN ROAD, 3. R-105-16 Picture 1, 4. R-105-16 Picture 2, 5. R-105-16 Picture 3, 6. R-105-16 Picture 4, 7. RES 085 2016
RESOLUTION NO. ______, SERIES 2016
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A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNER OF CERTAIN PROPERTY IN JEFFERSON COUNTY IN CONNECTION WITH THE CULVERT REPAIR PROJECT ON BROAD RUN ROAD (PARCEL NO. 3).
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SPONSORED BY: COUNCILMAN BENSON

WHEREAS, the Louisville/Jefferson County Metro Government ("Metro"), pursuant to KRS 67C.101 (3)(f) may acquire real property for public uses through the exercise of the power of eminent domain; and
WHEREAS, KRS 416.560(1) requires the legislative council of Metro ("Council") to approve the exercise of the power of eminent domain prior to Metro's instituting such proceedings; and
WHEREAS, Metro (as successor to Jefferson County and the City of Louisville) has planned and designed the Culvert Repair Project on Broad Run Road in conjunction with the Louisville/Jefferson County Metro Government Department of Public Works.
AND WHEREAS, as a part of Culvert Repair Project on Broad Run Road, it is necessary to acquire a permanent easement and two temporary easements to repair the drainage culvert on Broad Run Road for the use and benefit of the citizens of Metro; and
WHEREAS, Metro has not been able to acquire the easements necessary for the Culvert Repair Project on Broad Run Road for Parcel No. 3 described in Exhibit A attached hereto ("Condemned Property") from the owner of the Condemned Property through good faith negotiations; and
WHEREAS, KRS 416.550 authorizes Metro to exercise its right of eminent domain against a property when it cannot acquire the property by agreement with the owner thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL AS FOLLOWS:
Section I: That in order to complete the Culvert Repair Project on Broad Run Road, Metro Government needs to acquire the Condemned Property, as described on attached Exhibit A and platted as Parcel No. 3 on th...

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