summary
Introduced
02/14/2025
02/14/2025
In Committee
02/19/2025
02/19/2025
Crossed Over
Passed
Dead
03/28/2025
03/28/2025
Introduced Session
2025 Regular Session
Bill Summary
Create a new section of KRS 262.900 to 262.920 to prohibit the taking of property subject to an agricultural conservation easement by eminent domain; allow public hearing on a proposed taking of property subject to an agricultural conservation easement before the local soil and water conservation district board of supervisors; create a new section of KRS Chapter 411 to allow an owner of property adjoining a property condemned by eminent domain to bring a civil action against the condemnor for damages to property; create a new section of KRS Chapter 413 to establish a five-year statute of limitations for actions by adjoining property owners against condemnors; create a new section of KRS Chapter 416 to prohibit land condemned by eminent domain from being used for the construction of solar energy facilities; amend KRS 262.850 to prohibit the taking of property within the boundaries of an agricultural district by eminent domain; require condemnors to provide a written report at public hearing justifying condemnation due to lack of feasible alternative locations; amend KRS 382.850 to prohibit the taking of property subject to a conservation easement by eminent domain; allow an owner of property subject to a conservation easement who has been served with a summons of condemnation proceedings to request a public hearing before the local soil and water conservation district board of supervisors; require condemnors to provide a written report at public hearing justifying condemnation due to lack of feasible alternative locations; amend KRS 416.560 to specify requirements for contents of notice of entry to owners of property; establish penalty for failure to give notice; amend KRS 416.570 to require a petition for condemnation proceedings to contain statements that the property is not subject to an easement that prohibits taking by eminent domain and that there are no reasonable alternate locations or routes for the proposed project; amend KRS 416.580 to require the appointment of a certified independent real estate appraiser to the group of commissioners who establish the value of condemned property; amend KRS 416.610 to require the condemnor to pay expenses and reasonable attorney's fees in a condemnation proceeding; amend KRS 416.620 to require the condemnor to pay expenses and reasonable attorney's fees in a condemnation proceeding; amend KRS 416.660 to establish a highest and best use valuation for condemned property; establish the payment of a premium of 125% for any condemned property used for conservation, farm, or agricultural purposes; amend KRS 416.675 to define "private owner."
AI Summary
This bill is a comprehensive legislative effort to modify Kentucky's eminent domain laws, providing significant protections for property owners, particularly those with agricultural or conservation lands. The bill prohibits the taking of property subject to agricultural conservation easements or in agricultural districts by eminent domain, with narrow exceptions for transportation and utility projects. It allows property owners served with condemnation proceedings to request a public hearing before their local soil and water conservation district board of supervisors, during which the condemnor must provide a written justification for why no alternative locations exist. The bill also introduces several new provisions, such as allowing adjoining property owners to sue for damages resulting from condemnation, establishing a five-year statute of limitations for such claims, and prohibiting condemned land from being used for solar energy facilities. Additionally, the legislation enhances property owner protections by requiring more detailed notification of condemnation proceedings, mandating the appointment of a certified independent real estate appraiser to assess property value, and establishing that property used for conservation, farm, or agricultural purposes must be valued at 125% of its appraised value. The bill aims to provide more transparency, fairness, and protection for property owners facing potential eminent domain actions, particularly in rural and agricultural areas.
Committee Categories
Agriculture and Natural Resources
Sponsors (4)
Last Action
Senate Committee On Agriculture (11:00:00 3/4/2025 Annex Room 129) (on 03/04/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
Document Type | Source Location |
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State Bill Page | https://apps.legislature.ky.gov/record/25RS/sb171.html |
BillText | https://apps.legislature.ky.gov/recorddocuments/bill/25RS/sb171/orig_bill.pdf |
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