Legislature Amends Eminent Domain Law

The New Eminent Domain Law is awaiting the signature of the Governor after passing the House and Senate.

HB 508 (BR 1154) – R. Wilkey, J. Barrows, R. Adams, R. Adkins, E. Ballard, C. Belcher, Dw. Butler, L. Clark, R. Damron, C. Embry Jr, D. Floyd, J. Gooch Jr, J. Gray, W. Hall, J. Hoover, D. Keene, G. Lynn, T. McKee, R. Nelson, S. Nunn, D. Osborne, R. Palumbo, D. Pasley, R. Rand, T. Shelton, T. Thompson, M. Weaver, R. Webb, S. Westrom, A. Wuchner

AN ACT relating to eminent domain.
Create a new section of KRS 416.540 to 416.680 to delineate the allowable public uses for eminent domain in the Commonwealth; amend 416.540 relating to eminent domain, to replace the phrase “public purpose” with the phrase “public use”.

SFA (1, E. Harris) – Amend to exempt the acquisition of property financed by state road funds or federal highway funds from the public use requirement for eminent domain.

Feb 3-introduced in House

Feb 6-to Agriculture and Small Business (H)

Feb 8-posting waived

Feb 9-reported favorably, 1st reading, to Calendar

Feb 10-2nd reading, to Rules

Feb 13-posted for passage in the Regular Orders of the Day for Tuesday, February 14,


Feb 14-3rd reading, passed 95-1

Feb 15-received in Senate

Feb 17-to State and Local Government (S)

Mar 8-reported favorably, 1st reading, to Calendar

Mar 9-2nd reading, to Rules

Mar 14-posted for passage in the Regular Orders of the Day for Wednesday, March 15, 2006

Mar 15-passed over and retained in the Orders of the Day; floor amendment (1) filed

Mar 16-3rd reading, passed 37-0 with floor amendment (1) ; received in House; to Rules (H)

Mar 17-posted for passage for concurrence in Senate floor amendment (1) for Monday, March 20, 2006

Mar 20-House concurred in Senate floor amendment (1) ; passed 94-0

416.540 Definitions.
(1) “Condemn” means to take private property for a public purpose under the right of eminent domain;

(2) “Condemnor” shall mean and include any person, corporation or entity, including the Commonwealth of Kentucky, its agencies and departments, county, municipality and taxing district authorized and empowered by law to exercise the right of eminent domain;

(3) “Condemnee” means the owner of the property interest being taken;

(4) “Court” means the Circuit Court;

(5) “Property” means real or personal property, or both, of any nature or kind that I subject to condemnation;

(6) “Eminent domain” means the right of the Commonwealth to take for a ( public
PUBLIC USEand shall include the right of private persons, corporations or business entities to do so under authority of law.

History: Created 1976 Ky. Acts ch. 140, sec. 2.


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