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File #: R-116-20    Version: 1 Name:
Type: Resolution Status: Passed
File created: 9/1/2020 In control: Public Works Committee
On agenda: 10/8/2020 Final action: 10/8/2020
Title: A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNERS OF CERTAIN PROPERTY, PARCEL NO. TWO (2), IN JEFFERSON COUNTY IN CONNECTION WITH THE TUCKER STATION ROAD PROJECT.
Sponsors: Stuart Benson (R-20)
Attachments: 1. R-116-20 V.1 091720 Condemnation Action Against Owners Parcel No 2.pdf, 2. R-116-20 Exhibit A - Monica Kute Parcel - Legal Description.pdf, 3. R-116-20 Exhibit B - Monica Kute Parcel Acquisition.pdf, 4. RES 097 2020.pdf
RESOLUTION NO. ______, SERIES 2020
TITLE
A RESOLUTION AUTHORIZING THE OFFICE OF THE JEFFERSON COUNTY ATTORNEY TO BRING A CONDEMNATION ACTION AGAINST THE OWNERS OF CERTAIN PROPERTY, PARCEL NO. TWO (2), IN JEFFERSON COUNTY IN CONNECTION WITH THE TUCKER STATION ROAD PROJECT.
BODY
SPONSORED BY: COUNCIL MEMBER STEWART BENSON
BODY
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 a successor to Jefferson County and the City of Louisville) has planned and designed the Tucker Station Road Project (the "Project") in conjunction with the Louisville/Jefferson County Metro Government Department of Public Works; and
WHEREAS, as a part of the Project, it is necessary to acquire property in fee simple as more accurately described by Exhibit A (the "Condemned Property") for the use and benefit of citizens of Metro; and
WHEREAS, Metro has not been able to acquire the Condemned Property for the Project from the owners of the Condemned Property through good faith negotiations; and
WHEREAS, KRS 416.550 authorized 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 LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:

SECTION I: That in order to complete the project, Metro needs to acquire the Condemned Property, as is more accurately described on attached Exhibit A and platted as on the plat map attached hereto as Exhibit B. Those with a potential interest in the Condemned Property who will be called upon in a condemnation action ...

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