Eminent Domain Reform in Kentucky

We are excited to work with Sen. Steve West and Rep. Ryan Bivens to pass legislation to help better protect the private property rights of Kentuckians while discouraging the use of eminent domain across the state.

You can find a list of legislator emails here.

Call the LRC Legislative Message Line at  1-800-372-7181 and you can leave a message for your legislator (or all lawmakers!) to SUPPORT Senate Bill 171 and House Bill 630.

We are excited to see the massive growth Kentucky is experiencing. However, many local governments and other entities are pursuing economic development projects to cash in on incentives or in hopes of increasing their local tax bases, regardless of the long-term feasibility of a project’s success. 

This means that regardless of location, no property is safe if local or state government can argue its “public use,” even if a private corporation may ultimately benefit. 

As these huge financial incentives for corporations and out-of-state interests continue to increase, so should protections for Kentucky citizens who may happen to own government- or corporation-coveted land.

 Currently, at least 40 different types of entities in Kentucky have eminent domain power. There are several, if not hundreds, of additional authorities within those categories – meaning there are potentially hundreds if not thousands of entities that have been vested with eminent domain authority in Kentucky. 

The Eminent Domain Act of Kentucky, which is the guiding law behind the condemnation process, was passed in 1976. It has only been updated a few times since, including adding a section post-Kelo Vs. City of New London in 2006 prohibiting a private entity from directly benefitting from condemned land. However, that section is vague and still actually allows private entities to make a profit off condemned land as an incidental user. 

Additionally, current statute does not require a landowner receive a fair offer that accounts for full investment into their land—whether as a working family farm, a conservation easement, or other general improvements.

• Allows citizens to recoup their attorneys’ fees from the government if they win a condemnation case.
• Strengthens the 10-day notification requirement for entry onto private property relating to a condemnation proceeding.
• Establishes that landowners are entitled to payment for the fair market value of the land as based on the highest and best use, including land improvements and residual damages.
• Establishes a payment premium for productive agricultural land to account for the loss of income for the landowner and to account for higher land values if the property owner must purchase additional land to make up for the production loss.
• Extends the concept of good faith to prevent sham condemnations by strengthening requirements for determining the real party of interest and requiring a demonstratable lack of alternatives to the proposed condemnation.
• Prohibits industrial solar fields (“solar farms”) from being sited or developed via condemnation.
• Strengthens agricultural districts and conservation easement protections to safeguard landowner investments in these programs.
• Protects the rights of the Transportation Cabinet and utilities in their normal course of business if there is no demonstratable alternative to the proposed condemnation.

Contact your legislator today and tell them to support eminent domain reform in Kentucky!