26RS HB 542

House Bill 542

Actions

Last Action	02/03/26: to Committee on Committees (H)
Title	AN ACT relating to eminent domain and declaring an emergency.
Bill Documents	Introduced
Fiscal Impact Statement	Local Mandate
Bill Request Number	863
Sponsor	M. Dossett
Summary of Original Version	Amend KRS 382.850 to require a condemnor in an eminent domain action involving property subject to a conservation easement to provide a written report to the court justifying the condemnation due to lack of feasible alternative locations; allow the court to dismiss the condemnation action if the lack of alternative locations is not demonstrated; amend KRS 262.850 to require a condemnor in an eminent domain action involving property located in an agricultural district to provide a written report to the court justifying the condemnation due to lack of feasible alternative locations; allow the court to dismiss the condemnation action if the lack of alternative locations is not demonstrated; amend KRS 416.550 prohibit a condemnor from engaging in false, intimidating, or misleading negotiation tactics; allow a property owner of potentially condemned property to obtain an independent appraisal within 60 days of an initial offer for purchase; reduce the indepdent appraisal period to 30 days if the property owner refuses the initial offer for purchase; prohibit the filing of a condemnation action within the independent appraisal period; establish a penalty of dismissal of the condemnation action, payment of attorney's fees, and a bar on future condemnation actions for violations; amend KRS 416.560 to specify requirements for contents of notice of entry to owners of property; establish penalty for failure to give notice; require condemnor to give notice of a material change to the project; require condemnor to use only current data for surveys; provide a copy of a survey to the property owner within 15 days of completion; allow the property owner to petition a local legislative body for a public meeting regarding the proposed taking; amend KRS 416.610 to require the condemnor to take measures to ensure access to property during on-site work on a project where only a portion of the property has been condemned; amend KRS 416.660 to include preexisting improvements on property and the value of agricultural improvements in the determination of fair market value of condemned property; amend KRS 416.570, 416.600, 416.630, 416.640, and 416.650 to conform; EMERGENCY.
Index Headings of Original Version	Agriculture - Agricultural districts, eminent domain, feasible alternative locations, requirement Agriculture - Conservation easements, eminent domain, feasible alternative locations, requirement Civil Actions - Eminent domain, procedures, establishment Civil Procedure - Eminent domain, procedures, establishment Effective Dates, Emergency - Eminent domain, procedures, establishment Eminent Domain And Condemnation - Procedures, establishment Environment And Conservation - Conservation easements, eminent domain, feasible alternative locations, requirement Notices - Eminent domain, notice to owner of property, requirements, penalty Property - Eminent domain, procedures, establishment Public Utilities - Eminent domain, procedures, establishment Real Estate - Eminent domain, procedures, establishment Local Mandate - Eminent domain, procedures, establishment