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1 AN ACT relating to eminent domain and declaring an emergency.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3 Section 1. KRS 382.850 is amended to read as follows:
4 (1) As used in this section, "feasible alternative location" means a location that:
5 (a) Impacts the same property but does not impact the conservation easement
6 on the property; and
7 (b) Does not materially increase the cost of the project.
8 (2)[(1)] A conservation easement shall not be transferred by owners of property in
9 which there are outstanding subsurface rights without the prior written consent of
10 the owners of the subsurface rights.
11 (3)[(2)] A conservation easement shall not operate to limit, preclude, delete, or require
12 waivers for the conduct of coal mining operations, including the transportation of
13 coal, upon any part or all of adjacent or surrounding properties; and shall not
14 operate to impair or restrict any right or power of eminent domain created by
15 statute, and all such rights and powers shall be exercisable as if the conservation
16 easement did not exist.
17 (4) (a) Notwithstanding subsection (3) of this section, in a condemnation action
18 under the Eminent Domain Act of Kentucky, KRS 416.540 to 416.670,
19 involving privately owned property that is subject to a conservation
20 easement, the condemnor shall provide a sworn written report to the court
21 justifying the condemnation of the specific property at issue due to the lack
22 of feasible alternative locations to satisfy the purposes of the project unless
23 the condemnation action:
24 1. Is initiated by a city, county, municipal utility, investor-owned utility,
25 utility cooperative, water district, or water association; and
26 2. Involves easements for utilities that do not interfere with agricultural
27 operations or result in a taking of agricultural infrastructure.
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1 (b) If the court, in its discretion, determines that the report does not
2 demonstrate a lack of feasible alternative locations to satisfy the purposes of
3 the project, the condemnation action shall be dismissed in accordance with
4 subsection (4) of Section 5 of this Act.
5 (5) This section shall not prevent a property owner from:
6 (a) Challenging the necessity of condemnation for the project; or
7 (b) Offering additional feasible alternative locations to satisfy the purposes of
8 the project.
9 Section 2. KRS 262.850 is amended to read as follows:
10 (1) This section shall be known as "the Agricultural District and Conservation Act."
11 (2) It is the policy of the state to conserve, protect, and to encourage development and
12 improvement of its agricultural lands for the production of food and other
13 agricultural products. It is also the policy of this state to conserve and protect the
14 agricultural land base as a valuable natural resource which is both fragile and finite.
15 The pressure imposed by urban expansion, transportation systems, water
16 impoundments, surface mining of mineral resources, utility rights-of-way, and
17 industrial development has continually reduced the land resource base necessary to
18 sufficiently produce food and fiber for our future needs. It is the purpose of this
19 section to provide a means by which agricultural land may be protected and
20 enhanced as a viable segment of the state's economy and as an important resource.
21 (3) The local governing administrative body for an agricultural district shall be the
22 conservation district board of supervisors. The Soil and Water Conservation
23 Commission shall be responsible for statewide administration of the agricultural
24 district program and shall have sole authority to certify or deny agricultural district
25 petitions. The commission may apply for assistance and funds from the Federal
26 Farmland Protection Act of 1981, Pub. L. No. 97-377, which may be available for
27 the development of the agricultural district program and may accept easements as
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1 provided in KRS 65.410 to 65.480.
2 (4) Any owner or owners of land may submit a petition to the local conservation
3 district board of supervisors requesting the creation of an agricultural district within
4 the county. The petition shall include a description of the proposed area, description
5 of each land parcel, location of the proposed boundaries, petitioners' names and
6 addresses, adjacent landowners' names and addresses, and other pertinent
7 information as required in the petition application. The boundary of an agricultural
8 district shall be contiguous. [No ]Land shall not be included in an agricultural
9 district without the consent of the owner.
10 (5) Upon receipt of a petition, the local conservation district board of supervisors shall
11 notify the fiscal court and any local or regional planning or zoning body, if any, of
12 the proposed agricultural district, and shall notify each city that is located less than
13 one (1) mile from the boundaries of the proposed agricultural district[,] by sending
14 a copy of the petition and accompanying materials to that body.
15 (6) The following factors shall be considered by the local conservation district board of
16 supervisors and the Soil and Water Conservation Commission when considering the
17 formation of any agricultural district:
18 (a) The capability of the land to support agricultural production, as indicated by:
19 soil, climate, topography or other natural factors;
20 (b) The viability of active farmlands, as indicated by[:] markets for farm
21 products, the extent and nature of farm improvements, the present status of
22 farming, and anticipated trends in agricultural economic conditions and
23 technology;
24 (c) That the proposed agricultural district meets the minimum size limit of fifty
25 (50) contiguous acres, unless the local conservation district board and the Soil
26 and Water Conservation Commission allow fewer than fifty (50) contiguous
27 acres if the proposed area meets a minimum annual production performance
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1 established by the district board and approved by the commission;
2 (d) County development patterns and needs and the location of the district in
3 relation to any urban development boundaries within the county;
4 (e) Any matter which may be relevant to evaluate the petition; and
5 (f) Whether an application is from more than one (1) farm owner, in which case a
6 preference shall be given to the application.
7 (7) The local soil and water conservation district board of supervisors shall review the
8 petition application and submit a recommendation to the Soil and Water
9 Conservation Commission within one hundred (100) days of receipt. The local
10 conservation district recommendation shall be submitted to the commission in the
11 form of approval, approval with modifications, or denial of the petition
12 accompanied by justification for such a denial.
13 (8) The Soil and Water Conservation Commission shall review the recommendation of
14 the district board of supervisors and certify or deny the agricultural district's
15 petition within one hundred (100) days of receipt.
16 (9) Upon the approval of a petition by the Soil and Water Conservation Commission,
17 the commission shall notify the area development district in which the agricultural
18 district will lie, the local county clerk, the clerk of each city that is located less than
19 one (1) mile from the boundaries of the approved agricultural district, and the
20 secretary of the Governor's Executive Cabinet by sending a description of the
21 boundaries and the names and addresses of the property owners within the district.
22 (10) Land within the boundary of an agricultural district shall not be annexed.
23 (11) The owners of land within the boundary of an agricultural district shall be exempt
24 under KRS 74.177 from any assessment authorized for the extension of water
25 service lines until the land is removed from the district and developed for
26 nonagricultural use.
27 (12) Any member, or any successor heir of the member, of an agricultural district may
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1 withdraw his or her property from the district upon notifying the local conservation
2 district board of supervisors in writing. The removal of the property from the
3 agricultural district shall be effective immediately upon the district board of
4 supervisors' receipt of the written notification, at which time the district board of
5 supervisors shall remove the property from the agricultural district and shall
6 immediately provide written notice of the changed boundaries to [the ]those entities
7 listed in subsection (9) of this section.
8 (13) It shall be the policy of all state agencies to support the formation of agricultural
9 districts as a means of preserving Kentucky's farmlands and to mitigate the impact
10 of their present and future plans and programs upon the continued agricultural use
11 of land within an agricultural district.
12 (14) Agricultural districts shall be comprised only of agricultural land as defined in KRS
13 132.010.
14 (15) An agricultural district shall be established for five (5) years with a review to be
15 made by the local soil and water conservation district board of supervisors at the
16 end of the five-year period and every five (5) years thereafter. Each owner of land
17 shall agree to remain in the district for a five (5) year period, unless a member
18 elects to withdraw his or her property pursuant to subsection (12) of this section,
19 which is renewable at the end of the five (5) years. However, the board shall make a
20 review any time upon the written request of a local government which demonstrates
21 that the review is necessary in order to consider development needs of the local
22 government. The board shall consider whether the continued existence of the
23 district is justified, any adjustments which may be necessary due to urban or county
24 development, and other factors the board finds relevant. The board shall revise the
25 district as necessary based on the review and subject to approval of the State Soil
26 and Water Conservation Commission. Before the state commission takes final
27 action, all interested parties shall be given the opportunity to request the state
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1 commission to amend or overturn the local board's decision.
2 (16) The withdrawal of a member from a district reducing the remaining acreage of
3 agricultural district land to less than fifty (50) acres or resulting in the remaining
4 land being noncontiguous shall not cause the decertification of the district. The
5 local district board of supervisors may consider a dissolution of the agricultural
6 district if the withdrawal results in the remaining property within the agricultural
7 district no longer meeting the definition of agricultural land as defined in KRS
8 132.010.
9 (17) (a) As used in this subsection, "feasible alternative location" means a location
10 that:
11 1. Impacts the same property but does not impact the agricultural district
12 on the property; and
13 2. Does not materially increase the cost of the project.
14 (b) Any member of an agricultural district who has received a summons of
15 condemnation proceedings being instituted concerning the member's land
16 located in the district may request the local soil and water conservation district
17 board of supervisors to hold a public hearing on the proposed taking of land.[
18 However a hearing under this section shall not be held if the petitioner in the
19 condemnation proceeding is a utility as defined in KRS 278.010(3) and
20 obtained a certificate of convenience and necessity as required by KRS
21 278.020(1).]
22 (c) In a condemnation action under the Eminent Domain Act of Kentucky,
23 KRS 416.540 to 416.670, involving privately owned property that is located
24 in an agricultural district, the condemnor shall provide a sworn written
25 report to the court justifying the condemnation of the specific property at
26 issue due to the lack of feasible alternative locations to satisfy the purposes
27 of the project unless the condemnation action:
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1 1. Is initiated by a city, county, municipal utility, investor-owned utility,
2 utility cooperative, water district, or water association; and
3 2. Involves easements for utilities that do not interfere with agricultural
4 operations or result in a taking of agricultural infrastructure.
5 (d) If the court, in its discretion, determines that the report does not
6 demonstrate a lack of feasible alternative locations to satisfy the purposes of
7 the project, the condemnation action shall be dismissed in accordance with
8 subsection (4) of Section 5 of this Act.
9 (e) This subsection shall not prevent a property owner from:
10 1. Challenging the necessity of condemnation for the project; or
11 2. Offering other feasible alternative locations to satisfy the purposes of
12 the project.
13 (18) (a) The board shall notify the local property valuation administrator of the farms
14 which belong to an agricultural district and whenever a farm is withdrawn
15 from a district. The board shall also inform all members of a district of the
16 right to have their land assessed by the local property valuation administrator
17 at the land's agricultural use value and shall offer advice and assistance on
18 obtaining such an assessment.
19 (b) The board shall also notify the local property valuation administrator
20 whenever a farm is released or withdrawn from an agricultural district.
21 (19) The board may allow an amendment to an existing certified agricultural district if
22 approved by the commission.
23 Section 3. KRS 416.550 is amended to read as follows:
24 (1) Whenever any condemnor cannot, by agreement with the owner thereof, acquire the
25 property right, privileges or easements needed for any of the uses or purposes for
26 which the condemnor is authorized by law, to exercise its right of eminent domain,
27 the condemnor may condemn such property, property rights, privileges or
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1 easements pursuant to the provisions of KRS 416.540[416.550] to 416.670.
2 (2) In obtaining an agreement under subsection (1) of this section:
3 (a) The condemnor and its employees or agents shall not make any materially
4 false statements or engage in intimidating or misleading negotiating tactics;
5 (b) Any offer for the purchase of property shall be in writing and delivered to
6 the property owner via:
7 1. Certified mail, return receipt requested; or
8 2. Hand delivery, verified by government-issued identification and
9 accompanied by the signature of the property owner; and
10 (c) 1. a. The property owner shall be afforded the opportunity to obtain
11 an independent appraisal of the property, conducted by an
12 appraiser certified or licensed under KRS Chapter 324A, within
13 sixty (60) days of the receipt of the initial offer for purchase
14 under paragraph (b) of this subsection.
15 b. If the property owner refuses to take delivery of the initial offer
16 for purchase under paragraph (b) of this subsection, the
17 independent appraisal period shall be reduced to thirty (30) days
18 from the date of the refusal. The condemnor shall certify the
19 refusal in a sworn affidavit.
20 2. The condemnor and property owner may continue to negotiate
21 following the initial offer for the purchase of property. Subsequent
22 offers following negotiation between the property owner and the
23 condemnor shall not be subject to the independent appraisal period
24 described in subparagraph 1. of this paragraph.
25 3. The condemnor shall:
26 a. Take into consideration the property value indicated by the
27 independent appraisal obtained by the property owner under
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1 subparagraph 1. of this paragraph at all stages of negotiation for
2 purchase of the property; and
3 b. If it conducts its own appraisals on the property, use an
4 appraiser certified or licensed under KRS Chapter 324A unless
5 the value of the portion of the property to be condemned is
6 reasonably estimated by the condemnor to be less than twenty-
7 five thousand dollars ($25,000), in which case the condemnor
8 may use in-house appraisal services.
9 4. The condemnor shall not file a petition for the initiation of a
10 condemnation action until after the independent appraisal period
11 described in subparagraph 1. of this paragraph has expired.
12 A violation of any requirement in this section shall result in a dismissal of
13 the condemnation action pursuant to subsection (4) of Section 5 of this Act.
14 A violation of subsection (2)(a) of this section shall, in addition to dismissal
15 of the action, entitle the property owner to recovery of costs, expenses, and
16 reasonable attorney's fees in the action.
17 (3) It is not a prerequisite to an action to attempt to agree with an owner who is
18 unknown or who, after reasonable effort, cannot be found within the state or with an
19 owner who is under a disability.
20 Section 4. KRS 416.560 is amended to read as follows:
21 (1) Notwithstanding any other provision of [the ]law, a department, instrumentality or
22 agency of a consolidated local government, city, county, or urban-county
23 government, other than a waterworks corporation the capital stock of which is
24 wholly owned by a city of the first class or a consolidated local government, having
25 a right of eminent domain under other statutes shall exercise such right only by
26 requesting the governing body of the consolidated local government, city, county,
27 or urban-county government to institute condemnation proceedings on its behalf. If
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1 the governing body of the consolidated local government, city, county, or urban-
2 county government agrees, it shall institute condemnation[such] proceedings under
3 KRS 416.570, and all costs involved in the condemnation shall be borne by the
4 department, instrumentality, or agency requesting the condemnation.
5 (2) If any department, instrumentality, or agency of a consolidated local government,
6 city, county, or urban-county government, other than a waterworks corporation the
7 capital stock of which is wholly owned by a city of the first class or a consolidated
8 local government, operates in more than one (1) governmental unit, it shall request
9 the governing body of the consolidated local government, city, county, or urban-
10 county government wherein the largest part of the individual tract of the property
11 sought to be condemned lies, to institute condemnation proceedings on its behalf.
12 (3) A department, instrumentality, or agency of the Commonwealth of Kentucky, other
13 than the Transportation Cabinet and local boards of education, having a right of
14 eminent domain under other statutes shall exercise that[such] right only by
15 requesting the Finance and Administration Cabinet to institute condemnation
16 proceedings on its behalf. If the Finance and Administration Cabinet agrees, it shall
17 institute such proceedings under KRS 416.570, and all costs involved in the
18 condemnation shall be borne by the department, instrumentality, or agency
19 requesting the condemnation.
20 (4) (a) Prior to the filing of the petition to condemn, the condemnor or its employees
21 or agents shall have the right to enter upon any land or improvement which it
22 has the power to condemn, in order to make studies, surveys, tests, sounding,
23 and appraisals, provided that the owner of the land or the party in whose name
24 the property is assessed has been notified in accordance with paragraph (b)
25 of this subsection no later than ten (10) days prior to entry on the property.
26 (b) Notification under paragraph (a) of this subsection shall:
27 1. Be delivered to the property owner by:
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1 a. Certified mail, return receipt requested, to the last known
2 address of the property owner listed on the real property tax rolls
3 of the county; or
4 b. Hand delivery to the property owner, verified by government-
5 issued identification and accompanied by the signature of the
6 property owner; and
7 2. Include the following information:
8 a. That all or a portion of the property is necessary for a public
9 project;
10 b. The nature of the project for which the property is considered
11 necessary and the parcel designation of the property to be
12 acquired. If disclosure of specific project details is restricted by a
13 legally binding nondisclosure agreement entered into in
14 connection with an economic development project, the
15 condemnor may describe the project in general terms sufficient
16 to identify the public purpose without disclosing confidential or
17 proprietary information;
18 c. A copy of the provision of law granting the condemnor the power
19 of eminent domain;
20 d. The estimated timeline for completion of the portion of the
21 project for which the property is to be taken;
22 e. That, within fifteen (15) business days after receipt of a request
23 by the property owner, the condemnor will provide copies, to the
24 extent prepared, of:
25 i. Right-of-way maps or other documents that depict the
26 proposed taking; and
27 ii. Nonconfidential construction plans that depict project
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1 improvements to be constructed on the property taken and
2 improvements to be constructed adjacent to the remaining
3 property, including but not limited to plan, profile, cross-
4 section, drainage, pavement marking sheets, and driveway
5 connection detail;
6 f. That the property owner may obtain an independent appraisal of
7 the property as described in subsection (2) of Section 3 of this
8 Act; and
9 g. That the property owner has the right to request one (1) public
10 meeting under subsection (6)(a) of this section if a public
11 meeting regarding the proposed project, of which the property
12 owner was notified, has not previously been held.
13 (c) Surveys and appraisals conducted under paragraph (a) of this subsection
14 shall be:
15 1. Conducted using only up-to-date data; and
16 2. Provided to the property owner within fifteen (15) days of completion.
17 (d) Any actual damages sustained by the owner of a property interest in the
18 property entered upon by the condemnor shall be paid by the condemnor and
19 shall be assessed by the court or the court may refer the matter to
20 commissioners to ascertain and assess the damages sustained by the
21 condemnee, which award shall be subject to appeal.
22 (5) The condemnor shall notify the property owner of a material change to the
23 information disclosed under subsection (4)(b)2. of this section via:
24 (a) Certified mail, return receipt requested; or
25 (b) Hand delivery, verified by government-issued identification and
26 accompanied by the signature of the property owner;
27 within fifteen (15) days of the condemnor's determination to proceed with the
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1 material change.
2 (6) (a) 1. After receiving notification under subsection (4)(b) or (5) of this
3 section, the property owner may, within thirty (30) days of receipt,
4 request that the condemnor host a public meeting regarding the
5 proposed taking if a public meeting regarding the proposed taking, of
6 which the property owner was notified, has not previously been held.
7 The public meeting shall be held in the county where the property
8 needed for the project is located and at a site secured by the
9 condemnor.
10 2. The meeting shall be held within thirty (30) days of the request, and
11 the condemnor shall attend the meeting.
12 3. The sole purpose of the meeting shall be to accept comments from the
13 public regarding the proposed project.
14 (b) Failure to provide notification under subsection (4)(b) or (5) of this section
15 shall result in a dismissal of the condemnation action pursuant to
16 subsection (4) of Section 5 of this Act.
17 Section 5. KRS 416.610 is amended to read as follows:
18 (1) After the owner has been summoned twenty (20) days, the court shall examine the
19 report of the commissioners to determine whether it conforms to the provisions of
20 KRS 416.580. If the report of the commissioners is not in the proper form, the
21 court shall require the commissioners to make such corrections as are necessary.
22 (2) If no answer or other pleading is filed by the owner or owners putting in issue the
23 right of the petitioner to condemn the property or the use and occupation of the
24 property[thereof] sought to be condemned, the court shall enter an interlocutory
25 judgment which shall contain, in substance:
26 (a) A finding that the petitioner has the right, under the provisions of KRS
27 416.540[416.550] to 416.670 and other applicable law to condemn the
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1 property or the use and occupation of the property[thereof];
2 (b) A finding that the report of the commissioners conforms to the provisions of
3 KRS 416.580;
4 (c) An authorization to take possession of the property for the purposes and under
5 the conditions and limitations, if any, set forth in the petition upon payment to
6 the owner or to the clerk of the court the amount of the compensation awarded
7 by the commissioners;
8 (d) Proper provision for the conveyance of the title to the land and material, to the
9 extent condemned, as adjudged therein in the event no exception is taken as
10 provided in KRS 416.620(1); and
11 (e) In cases where only a portion of the property has been condemned, a
12 requirement that the condemnor take appropriate measures to ensure
13 reasonable, direct access to the property for the duration of the on-site work
14 for the project.
15 (3) Any exception from the[such] interlocutory judgment by either party or both parties
16 shall be confined solely to exceptions to the amount of compensation awarded by
17 the commissioners.
18 (4) If the owner has filed an answer or pleading putting in issue the right of the
19 petitioner to condemn the property or use and occupation thereof sought to be
20 condemned, the court shall, without intervention of a jury, proceed
21 immediately[forthwith] to hear and determine whether [or not ]the petitioner has
22 that[such] right. If the court determines that petitioner has condemnation[such]
23 rights, an interlocutory judgment, as provided for in subsection (2) of this section,
24 shall be entered. If the court determines that petitioner does not have that[such]
25 right, it shall enter a final judgment which shall contain, in substance:
26 (a) A finding that the report of the commissioners conforms to [the provisions of
27 ]KRS 416.580;
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1 (b) A finding that the petitioner is not authorized to condemn the property or the
2 use and occupation of the property[thereof] for the purposes and under the
3 conditions and limitations set forth in the petition, stating the particular
4 ground or grounds on which the petitioner is not so authorized; and[ ]
5 (c) An order dismissing the petition and directing the petitioner to pay all costs.
6 Section 6. KRS 416.660 is amended to read as follows:
7 (1) In all actions for the condemnation of lands under the provisions of KRS
8 416.540[416.550] to 416.670, except temporary easements, there shall be awarded
9 to the landowners as compensation [such ]a sum that[as] will fairly represent the
10 difference between the fair market value of the entire tract, including
11 improvements existing at the time of the filing of the action, all or a portion of
12 which is sought to be condemned, immediately before the taking and the fair market
13 value of the remainder [thereof ]immediately after the taking, including in the
14 remainder all rights which the landowner may retain in the lands sought to be
15 condemned where less than the fee simple interest [therein ]is taken, together with
16 the fair rental value of any temporary easements sought to be condemned.
17 (2) Any change in the fair market value prior to the date of condemnation which the
18 condemnor or condemnee establishes was substantially due to the general
19 knowledge of the imminence of condemnation or the construction of the project
20 shall be disregarded in determining fair market value. The taking date for valuation
21 purposes shall be either the date the condemnor takes the land, or the date of the
22 trial of the issue of just compensation, whichever occurs first.
23 (3) The value of agricultural infrastructure improvements, including but not limited
24 to drainage tile, water systems, livestock fencing, and permanent on-farm
25 structures, shall be considered in determining the fair market value of property
26 actively used for farm or agricultural purposes.
27 Section 7. KRS 416.570 is amended to read as follows:
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1 Except as otherwise provided in KRS 416.560, a condemnor seeking to condemn
2 property or the use and occupation of the property[thereof], shall file a verified petition
3 in the Circuit Court of the county in which all or the greater portion of the property
4 sought to be condemned is located, which petition shall state that it is filed under the
5 provisions of KRS 416.540[416.550] to 416.670 and shall contain, in substance:
6 (1) Allegations sufficient to show that the petitioner is entitled, under the provisions of
7 applicable law, to exercise the right of eminent domain and to condemn the
8 property, or the use and occupation thereof, sought to be taken in such proceedings;
9 (2) A particular description of the property and the use and occupation thereof sought
10 to be condemned; and
11 (3) An application to the court to appoint commissioners to award the amount of
12 compensation the owner of the property sought to be condemned is entitled to
13 receive therefor.
14 Section 8. KRS 416.600 is amended to read as follows:
15 Any answer or other pleading filed by the owner in response to the summons shall be
16 filed on or before the twenty (20) days after date of service and shall be confined solely
17 to the question of the right of the petitioner to condemn the property sought to be
18 condemned, but without prejudice to the owner's right to except from the amount of the
19 compensation awarded in the manner provided in KRS 416.540[416.550] to 416.670.
20 Section 9. KRS 416.630 is amended to read as follows:
21 All money paid into court or paid or transferred to the clerk of a court under the
22 provisions of KRS 416.540[416.550] to 416.670 shall be received by the clerk of the
23 court and held subject to the order of the court, for which the clerk and his sureties on his
24 official bond shall be responsible to the persons entitled thereto.
25 Section 10. KRS 416.640 is amended to read as follows:
26 Where there are conflicting claimants to the land sought to be condemned and all such
27 parties are before the court, each claimant, for the purposes of the condemnation
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1 proceeding only, shall be deemed to be an owner, and the procedure for the
2 condemnation of the land shall be as provided in KRS 416.540[416.550] to 416.670
3 except that, before the condemnor shall be entitled to take possession of the land, it shall
4 be required to pay the compensation awarded therein to the Circuit Court clerk to be held
5 for the benefit of, and paid over to such persons as may thereafter be determined to be
6 entitled to receive it. In such cases, the claimants may have their rights determined in a
7 separate action, but the filing of such action or its pendency shall in no wise stay or delay
8 said condemnation proceedings.
9 Section 11. KRS 416.650 is amended to read as follows:
10 All proceedings under KRS 416.540[416.550] to 416.670 shall be governed by the
11 provisions of the Rules of Civil Procedure except where the provisions of KRS 416.550
12 to 416.670 specifically or by necessary implication provide otherwise.
13 Section 12. This Act shall not be interpreted to supersede or otherwise interfere
14 with the provisions of the Uniform Relocation Assistance and Real Property Acquisition
15 Policies Act, 42 U.S.C. 4601 et seq., its accompanying regulations at 49 C.F.R. pt. 24, or
16 any other federal law related to eminent domain.
17 Section 13. Whereas citizens of the Commonwealth require protection from
18 unfair practices related to taking of private property through eminent domain, an
19 emergency is declared to exist, and this Act takes effect upon its passage and approval by
20 the Governor or upon its otherwise becoming a law.
Page 17 of 17
HB054210.100 - 863 - XXXX 3/6/2026 9:30 AM GAEvery fact on this page links to its source, starting with the official bill record.