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KentuckyHB 5422026 Regular SessionHouseWALLET

AN ACT relating to eminent domain and declaring an emergency.

Sponsored By: Myron Dossett (Republican)

Signed by Governor

AgricultureCivil ActionsCivil ProcedureEffective Dates, EmergencyEminent Domain And CondemnationEnvironment And ConservationNoticesPropertyPublic UtilitiesReal EstateLocal Mandate

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 0 costs, 2 mixed.

Fair pay counts farm infrastructure

Just compensation uses the difference in fair market value before and after the taking, and also pays fair rental value for temporary easements. When the land is actively farmed, the value of farm infrastructure must be counted. This includes drainage tile, water systems, livestock fencing, and permanent on‑farm structures. This can increase the money you receive when land is taken.

Stronger pre-condemnation rights for owners

Condemnors must act fairly. They cannot use false or intimidating tactics. Any offer must be in writing and sent by certified mail or handed to you with ID and your signature. You can get an independent appraisal within 60 days of the first offer (30 days if you refused delivery and the condemnor certifies it). They must use licensed appraisers unless the part to be taken is reasonably estimated under $25,000, and they cannot file a case until your appraisal window ends. Before filing, they can enter your land only after 10 days’ notice that explains the project, timeline, and your rights. You can request maps and plans within 15 business days and ask for a public meeting within 30 days; they must hold it within 30 days. They must pay for any actual damage from entry. Violations can get the case dismissed, and bad negotiating tactics can make them pay your costs and attorney’s fees.

More protection for farms and easements

For land with a conservation easement or in an agricultural district, a “feasible alternative location” means an option on the same property that avoids the easement or district and does not materially raise project costs. In those cases, a condemnor must file a sworn report showing no feasible alternative exists. Courts must dismiss the case if the report fails. Some cities and utilities are exempt for utility easements that do not interfere with farm operations or take farm infrastructure. You can challenge necessity or suggest alternatives. Your land cannot be put in an agricultural district without your consent.

Court steps for access and possession

After the court enters an interlocutory judgment and the condemnor pays the commissioners’ award to you or the court clerk, the condemnor can take possession under the petition’s terms. If no exception is filed, the judgment also provides for title transfer to the extent taken. If only part of your property is taken, the court must order the condemnor to keep reasonable, direct access to the rest of your land while on‑site work is underway.

Limits on conservation easement power

A conservation easement does not block coal mining or coal transport on nearby land and does not limit eminent domain powers. If your property has outstanding subsurface rights, those owners must give written consent before a conservation easement can be transferred. These rules strengthen subsurface and mining rights but reduce some control held by easement owners.

Effective now; federal rules still apply

The law takes effect immediately. It does not override federal rules like the Uniform Relocation Assistance Act and 49 C.F.R. part 24. State and local agencies must still follow federal eminent domain and relocation rules.

Sponsors & Cosponsors

Sponsor

  • Myron Dossett

    Republican • House

Cosponsors

  • Beverly Chester-Burton

    Democrat • House

  • Mark Hart

    Republican • House

  • Ryan Bivens

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 128 • No: 0

Senate vote • 3/31/2026

3rd reading, passed

Yes: 38 • No: 0

House vote • 3/6/2026

3rd reading, passed

Yes: 90 • No: 0

Actions Timeline

  1. signed by Governor (Acts Ch. 112)

    4/13/2026

  2. delivered to Governor

    4/1/2026

  3. enrolled, signed by President of the Senate

    4/1/2026House

  4. enrolled, signed by Speaker of the House

    4/1/2026House

  5. received in House

    3/31/2026House

  6. 3rd reading, passed 38-0

    3/31/2026Senate

  7. posted for passage in the Consent Orders of the Day for Friday, March 27 2026

    3/26/2026Senate

  8. 2nd reading, to Rules as a consent bill

    3/25/2026Senate

  9. reported favorably, 1st reading, to Consent Calendar

    3/24/2026Senate

  10. to Agriculture (S)

    3/20/2026Senate

  11. to Committee on Committees (S)

    3/9/2026Senate

  12. received in Senate

    3/9/2026Senate

  13. 3rd reading, passed 90-0 with Committee Substitute (1)

    3/6/2026House

  14. posted for passage in the Regular Orders of the Day for Friday, March 06 2026

    3/5/2026House

  15. 2nd reading, to Rules

    3/5/2026House

  16. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

    3/4/2026House

  17. to Judiciary (H)

    2/10/2026House

  18. to Committee on Committees (H)

    2/3/2026House

  19. introduced in House

    2/3/2026House

Bill Text

  • Current

    3/6/2026

    PDF

  • Introduced

    2/2/2026

    PDF

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