Bill > HB353

This bill comprehensively reforms Kentucky's eminent domain laws by establishing more stringent requirements and processes for local governments to declare properties as "blighted" or "abandoned" and potentially seize them. The bill introduces a new definition of "abandoned property" as a property that has been substantially unoccupied for at least one year, has outstanding code violations for over 180 days, and has unpaid property taxes for at least two years. Similarly, "blighted property" is now more narrowly defined, requiring specific structural code violations that affect safety and would cost more than 50% of the property's market value to remedy. The bill mandates that local governments must send two notices to property owners before certification as blighted or abandoned and requires public hearings with recorded proceedings before initiating eminent domain proceedings. Additionally, the bill places a heightened burden of proof on petitioners in eminent domain cases, requiring them to demonstrate the necessity of the taking, have a concrete plan for public use, prove funding availability, and show that no alternative properties could be used. The legislation aims to provide more transparency, protect property owners' rights, and ensure that eminent domain is used strictly for genuine public purposes, not merely for economic development or increasing tax revenue.

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https://apps.legislature.ky.gov/record/25RS/hb353.html