Compliance with KRS 100.361(2) required, when

If the state proposes to acquire, construct, alter, or lease any land or structure to be used as a penal institution or correctional facility, and the proposed use is contrary to or inconsistent with local planning regulations or local comprehensive plans, the commissioner shall comply with the requirements of KRS 100.361(2). Failure to comply shall cause any transaction respecting the acquisition, construction, alteration, or lease to become null and void.