Kentucky legislation · 2026 Regular Session
Kentucky HB542: AN ACT relating to eminent domain and declaring an emergency.
Status: Signed into law, April 13, 2026
Amend KRS 382.850 to require a condemnor in an eminent domain action involving property subject to a conservation easement to provide a written report to the court justifying the condemnation due to lack of feasible alternative locations; allow the court to dismiss the condemnation action if the lack of alternative locations is not demonstrated; amend KRS 262.850 to require a condemnor in an eminent domain action involving property located in an agricultural district to provide a written report to the court justifying the condemnation due to lack of feasible alternative locations; allow the court to dismiss the condemnation action if the lack of alternative locations is not demonstrated; amend KRS 416.550 prohibit a condemnor from engaging in false, intimidating, or misleading negotiation tactics; allow a property owner of potentially condemned property to obtain an independent appraisal within 60 days of an initial offer for purchase; reduce the independent appraisal period to 30 days if the property owner refuses the initial offer for purchase; prohibit the filing of a condemnation action within the independent appraisal period; establish a penalty of dismissal of the condemnation action, payment of attorney's fees, and a bar on future condemnation actions for violations; amend KRS 416.560 to specify requirements for contents of notice of entry to owners of property; establish penalty for failure to give notice; require condemnor to give notice of a material change to the project; require condemnor to use only current data for surveys; provide a copy of a survey to the property owner within 15 days of completion; allow the property owner to petition a local legislative body for a public meeting regarding the proposed taking; amend KRS 416.610 to require the condemnor to take measures to ensure access to property during on-site work on a project where only a portion of the property has been condemned; amend KRS 416.660 to include preexisting improvements on propert
What the bill says
An act relating to eminent domain and declaring an emergency.
From the committee substitute text:
AN ACT relating to eminent domain and declaring an emergency. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Section 1. KRS 382.850 is amended to read as follows: (1) As used in this section, "feasible alternative location" means a location that: (a) Impacts the same property but does not impact the conservation easement on the property; and (b) Does not materially increase the cost of the project. (2)[(1)] A conservation easement shall not be transferred by owners of property in which there are outstanding subsurface rights without the prior written consent of the owners of the subsurface rights. (3)[(2)] A conservation easement shall not operate to limit, preclude, delete, or require waivers for the conduct of coal mining operations, including the transportation of coal, upon any part or all of adjacent or surrounding properties; and shall not operate to impair or restrict any right or power of eminent domain created by statute, and all such rights and powers shall be exercisable as if the conservation easement did not exist. (4) (a) Notwithstanding subsection (3) of this section, in a condemnation action under the Eminent Domain Act of Kentucky, KRS 416.540 to 416.670, involving privately owned property that is subject to a conservation easement, the condemnor shall provide a sworn written report to the court justifying the …
Sponsors
- Myron Dossett (R, HD-009) · primary sponsor
- Ryan Bivens (R, HD-024)
- Beverly Chester-Burton (D, HD-044)
- Mark Hart (R, HD-078)
Latest actions
- : signed by Governor (Acts Ch. 112)
- : delivered to Governor
- : enrolled, signed by President of the Senate
- : enrolled, signed by Speaker of the House
- : received in House
- : 3rd reading, passed 38-0
- : posted for passage in the Consent Orders of the Day for Friday, March 27 2026
- : 2nd reading, to Rules as a consent bill
- : reported favorably, 1st reading, to Consent Calendar
- : to Agriculture (S)
Votes
- Senate: Floor Vote RSN# 4055 (March 31, 2026): 38 yea, 0 nay, passed
- House: Pass RCS# 206 (March 6, 2026): 90 yea, 0 nay, passed
Subjects: Property, Effective Dates, Emergency, Environment And Conservation, Public Utilities, Eminent Domain And Condemnation, Local Mandate, Real Estate, Civil Actions
Common questions
- What is HB542?
- HB542 is a bill in the Kentucky Legislature (2026 Regular Session): AN ACT relating to eminent domain and declaring an emergency.
- What does HB542 do?
- In its own words: An act relating to eminent domain and declaring an emergency.
- What is the status of HB542?
- Signed into law as of April 13, 2026. Latest action: signed by Governor (Acts Ch. 112) (April 13, 2026).
- Who sponsored HB542?
- Myron Dossett (R, HD-009), with 3 co-sponsors.
- Where is the official record for HB542?
- On the Kentucky Legislature website: https://apps.legislature.ky.gov/record/26rs/hb542.html
Source: official Kentucky record. Tracked by Delilah, AI for legislation across all 50 states and Congress.