| Last Action | 04/13/26: signed by Governor |
|---|---|
| Title | AN ACT relating to eminent domain and declaring an emergency. |
| Bill Documents |
Current/Final
Introduced |
| Fiscal Impact Statements |
Local Mandate
Additional Fiscal Impact Statements Exist |
| Bill Request Number | 863 |
| Sponsors | M. Dossett, R. Bivens, B. Chester-Burton, M. Hart |
| 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 Local Mandate - Eminent domain, procedures, establishment 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 |
| Jump to Proposed Amendments | House Committee Substitute 1 with Fiscal Impact Statements |
| Votes | Vote History |
| 02/03/26 |
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| 02/10/26 |
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| 03/04/26 |
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| 03/05/26 |
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| 03/06/26 |
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| 03/09/26 |
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| 03/20/26 |
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| 03/24/26 |
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| 03/25/26 |
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| 03/26/26 |
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| 03/31/26 |
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| 04/01/26 |
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| 04/13/26 |
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| Amendment | House Committee Substitute 1 |
|---|---|
| Fiscal Impact Statement | Local Mandate to House Committee Substitute 1 |
| Summary | Retain original provisions, except define "feasible alternative location"; require that the written report submitted to the court regarding feasible alternative locations be a sworn document; allow a property owner to continue to challenge the necessity of the condemnation and offer his or her own feasible alternative locations for the project; include counties, water districts, and water associations in the list of entities excepted from the feasible alternative locations requirement; require condemnors to pay costs, expenses, and attorney's fees for actions dismissed for improper negotiation tactics; require all parties to use certified appraisers for any appraisal of the property unless the value of the property to be taken is less than $25,000; require condemnors to take into consideration the value of the property determined by the property owner's appraisal in negotiating a purchase price; require the condemnor to host and secure a site in the county where the project is located for a public meeting; provide that the sole purpose of a public meeting shall be to accept comments from the public regarding a proposed project; provide that a property owner may only request a public meeting if a public meeting has not previously been held; provide that this Act shall not be interpreted to conflict with any laws applicable to takings by federal entities. |
| Index Headings |
Agriculture - Agricultural districts, eminent domain, feasible alternative location, definition Agriculture - Conservation easements, eminent domain, feasible alternative location, definition Civil Actions - Eminent domain, procedures, establishment Civil Procedure - Eminent domain, procedures, establishment Eminent Domain And Condemnation - Procedures, establishment Environment And Conservation - Conservation easements, eminent domain, feasible alternative location, definition Notices - Eminent domain, notice to property owner, requirements, penalty Property - Eminent domain, procedures, establishment |
Last updated: 4/20/2026 5:04 PM (EDT)