A large Kentucky utility company sought to condemn tracts of land pursuant to the Eminent Domain Act of Kentucky to construct power lines between two of their power production facilities. After landowners in the area raised numerous objections the Public Service Commission (PSC) mandated that a public hearing be held. The hearing determined that the project was necessary. Two of the landowners sought the help of MGM to defend against the taking of their land. The circuit court entered an interlocutory judgment in favor of the utility, without addressing the property rights of the landowners who would be affected by the order. the trial court gave the defendants only about 30 days to prepare for and conduct the trial on their challenges. On appeal, it was argued that the trial court abused its discretion and erred as a matter of law. The Court of Appeals reversed by demonstrating the court’s misplaced reliance on the PSC’s findings and their failure to address the right of the landowners.
Condemnation/eminent domain/taking/constitution/abuse of discretion
