Real Estate & Property Law

Western Kentucky Acts Within Its Discretion

By Alan Ackerman

Kentucky News

Western Kentucky University acted within its rights when using eminent domain to obtain a property on the 1600 block of Normal Street, according to an appeals court ruling. Friday morning, the Kentucky Court of Appeals released an opinion that upheld a Warren Circuit Court ruling, stating that 'the court did not err in concluding that WKU did not act arbitrarily or in excess of its authority' by using eminent domain to acquire 1672 Normal St.

The interesting part of this article is the commentary noting 'the court did not err in concluding that WKU did not act arbitrarily or in excess of its authority'.  This has a double meaning.  First, it means that there is a review power in the courts, something that no longer exists in every state.  Further, the meaning is that there is a specific legislative delegation to Western Kentucky University allowing it to acquire property.  Given this is the first of the challenges in the post-Kelo era, it may be relevant as to how Kentucky agencies act in the future.

Full post as published by National Eminent Domain Blog on February 18, 2010 (boomark / email).