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 ConservationLocal MandateNoticesPropertyPublic UtilitiesReal Estate

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Bill Overview

Analyzed Economic Effects

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

Higher compensation for active farms

When your land is actively farmed, the valuation must count farm infrastructure. This includes drainage tile, water systems, livestock fencing, and permanent on‑farm structures. That can raise the fair market value and the money you receive in a taking.

Compensation and access during work

If the agency enters your land before filing, it must pay for any actual damage it causes. A court or appointed commissioners set the amount, and either side can appeal. If only part of your land is taken, the agency must keep reasonable, direct access to what you keep for the whole time on‑site work continues.

Stronger notice and appraisal rights

Before entry or filing, the condemning agency must give you at least 10 days’ written notice by certified mail or verified hand delivery, with project details and your rights. You get 60 days to get your own state‑licensed appraisal (30 days if you refused delivery). The agency must consider your appraisal and usually use licensed appraisers; in‑house appraisals are allowed only if the taking is under $25,000. The agency cannot file the court case until your appraisal window ends. Finished surveys and appraisals using current data must be given to you within 15 days, and any big project change must be disclosed within 15 days. You can request one public meeting within 30 days of notice, and it must be held within 30 days. The law bans false, intimidating, or misleading tactics; violations can get the case dismissed and make the agency pay your costs and reasonable attorney’s fees.

Mixed rules for conserved and farm land

A conservation easement does not block eminent domain, so agencies can still condemn the land. But if your land has a conservation easement or sits in an agricultural district, the condemnor must file a sworn report showing no feasible alternative location; the court can dismiss the case if it fails. You can challenge whether the taking is necessary and offer other feasible sites. Members of agricultural districts can ask the local soil and water board for a public hearing. Land cannot be added to an agricultural district without the owner’s consent. If others hold subsurface rights, you cannot transfer a conservation easement without their written consent. Exceptions apply for certain utility easements that do not affect farm operations or infrastructure.

Help with farm property tax valuation

Your district board must tell the local property valuation office which farms are in or leave an agricultural district. The board must also tell members they can get agricultural‑use valuation and help them apply. This can lower property tax bills for qualifying farms.

Protections take effect immediately

This law takes effect as soon as it is signed or otherwise becomes law. All the new protections and rules apply right away.

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