Com., Dept. of Transp., Bureau of Highways v. Knieriem, 84-SC-412-DG
| Decision Date | 06 February 1986 |
| Docket Number | No. 84-SC-412-DG,84-SC-412-DG |
| Parties | COMMONWEALTH of Kentucky, DEPARTMENT OF TRANSPORTATION, BUREAU OF HIGHWAYS, Movant, v. Harry M. KNIERIEM and Yoshiko Knieriem, Respondents. |
| Court | United States State Supreme Court — District of Kentucky |
William H. Wallace, Dept. of Transp. Bureau of Highways, Louisville, for movant.
Norman R. Lemme, Alan D. Twisselman, Shepherdsville, for respondents.
The issues addressed in this case are (1) whether the right of the Commonwealth to condemn is barred by the constitutional prohibition against taking property for a private use, and if so, (2) whether the trial court's denial to the condemnee of an award of attorney's fees is proper. We affirm the Court of Appeals on the first question; we reverse on the second question.
The Commonwealth of Kentucky, Department of Transportation, Bureau of Highways (hereinafter, Highways) condemned a strip of land belonging to the respondents, the Knieriems, in order to widen Interstate 65 between Louisville and Elizabethtown. This strip of land was burdened by an easement running to otherwise landlocked adjoining land owned by the Bluegrass Saddle Club (hereinafter, Bluegrass). To avoid landlocking Bluegrass, Highways sought to condemn a second strip of the Knieriems' land, contiguous to the first strip condemned to widen I-65, in order to replace in kind the easement to Bluegrass which was destroyed by the taking of the first strip.
The trial court found from the evidence that the taking of this second strip of the Knieriems' land was for the private use of Bluegrass and for convenience in resolving other problems in the area, and held that eminent domain can be exercised only where property can be taken for a public use, and that avoidance of inconvenience was "abusive of the power of eminent domain." The trial court further held that the Knieriems' were not entitled to an award of attorney's fees.
The Court of Appeals affirmed the trial court with regard to the unlawful condemnation of the Knieriem property for use as a private easement, but reversed and remanded for the assessment of an award of attorney's fees for the Knieriems.
Highways argues before this court that both the trial court and the Court of Appeals erred in holding that taking the second strip of the Knieriems' property was barred by the constitutional prohibition against taking property for a private use. Highways, relying both on the language of KRS 177.250 and on Sturgill v. Commonwealth, Ky., 384 S.W.2d 89 (1964), argues that the Commonwealth should be allowed to condemn land for the purpose of providing access to property landlocked by a limited access highway.
In Sturgill, supra, we held that the Commonwealth could condemn property for the purpose of constructing a two-lane access road, to be maintained by the Commonwealth and to be used by the public, to property that would otherwise be landlocked by the construction of a "nonaccess" highway. The accepted test of a public use, we said there at page 91, "is whether the roadway is under the control of public authorities and is open to public use, without regard to private interest or advantage." Highways fail to meet this test in the case presently before us. In the instant case, Highways seeks to condemn property for the purpose of restoring an easement to provide ingress and egress to the...
To continue reading
Request your trial
-
Miles v. Dawson, s. 90-SC-605-D
...a sufficient justification for the condemning authority to act as a land broker for private interests. Cf. Commonweath, Dept. of Transportation v. Knierem, Ky., 707 S.W.2d 340 (1986). The position of the State as endorsed by the Court of Appeals majority could seem reasonable. However, a vi......
-
Scott v. Garrard Cnty. Fiscal Court, Civil Action No. 5:08-CV-273-JMH
...in the negative. While Plaintiff compares her claims to those presented in Montgomery v. Carter County, Commonwealth Department of Transportation v. Knieriem, 707 S.W.2d 340 (Ky. 1986), and Sarver v. Allen County, 582 S.W.2d 40, 21 (Ky. 1979), those cases are easily distinguished from the o......
-
BIF, Inc. v. County of Campbell, No. 2007-CA-000047-MR (Ky. App. 12/14/2007)
...involving eminent domain from the statute authorizing attorney's fees in certain actions. See Commonwealth of Kentucky, Department of Transportation v. Knierman, 707 S.W.2d 340 (Ky. 1986). Further, Kentucky case law provides that, absent bad faith or unreasonable delay, a condemnor is not l......
-
Transportation Cabinet, Bureau of Highways, Com. of Ky. v. Leneave
...Transportation Cabinet, Department of Highways v. Reeder, Ky.App., 698 S.W.2d 320 (1985), and Commonwealth, Department of Transportation v. Knieriem, Ky., 707 S.W.2d 340 (1986). The sole issue on appeal is whether the trial court erred in not granting the cabinet's motion for summary judgme......