Eminent Domain Reform in Kentucky

We made good on our promise to continue holding the government accountable for its actions, even after the defunding of the Bluegrass Station Airport Project land grab.

During the 2025 Legislative Session we worked with Sen. Steve West and Rep. Ryan Bivens on SB 171 and HB 630, respectively. These bills would have increased accountability and transparency for organizations and government entities that hold eminent domain power, and would entitle landowners whose land is condemned to more fair and just compensation.

Unfortunately, corporate lobbying interests won the day and these measures did not pass during the 2025 Legislative Session. But our fight has just begun.

We are excited to continue our partnership with Kentucky Farm Bureau and other agriculture- and land-centric organizations to continue pushing eminent domain reform in Kentucky. We are excited to continue our work throughout the Legislative Interim this summer–a period used to vet policy issues and raise awareness with statewide elected officials. We feel confident that the groundwork we’ve laid in place in Frankfort will only continue to grow and spread throughout the state as we raise awareness about private property rights.

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!