Private property rights have long been a cornerstone of Kentucky’s identity, shaping not only our economy, but our culture and way of life. In fact, the first settlers to blaze a trail and build a life here did so because they wanted to own property and be able to build a life. From family farms passed down through generations to land preserved through conservation efforts, property ownership represents both livelihood and legacy. That is why an update we passed into law strengthening protections for landowners in eminent domain cases is so significant.
The concept of eminent domain itself is not new. Rooted in English common law and later embedded in the Fifth Amendment to the U.S. Constitution, the principle allows government entities to take private property for public use, so long as “just compensation” is provided.
The practice is necessary and has benefited all of us. After all, this authority has been used to build roads, schools, utilities, and major infrastructure projects that benefit the broader public. However, over time, legislators and courts – those who make and interpret the law – have wrestled with how to balance those public needs against the rights of individual property owners, particularly when land holds deep personal, agricultural or historical value.
In Kentucky, that balance has taken an important step forward with the passage of House Bill 542. The new law strengthens safeguards for property owners, especially those whose land falls within agricultural districts or is protected by conservation easements. These are often central to the state’s farming heritage and environmental stewardship.
At its core, the law reinforces a simple but important idea: taking private property should be a last resort, not the easy way out. In cases involving protected farmland or conservation land, entities seeking to use eminent domain must now provide a sworn, detailed written report to the court demonstrating that no feasible alternative locations exist. If they cannot meet that standard, the court has the authority to dismiss the condemnation action altogether.
The legislation also addresses how negotiations are conducted. It explicitly prohibits false, misleading, or intimidating tactics and ensures that property owners have time to fully understand the value of what may be taken. Landowners are given the opportunity to obtain an independent appraisal – 60 days in most cases – and condemnors are barred from filing a condemnation action during that period. If those protections are violated, courts may dismiss the case, require payment of attorney’s fees, and even prohibit future condemnation attempts related to the same action.
Transparency is another key focus. The law sets clearer standards for notice of entry onto property, requires that landowners be informed of any material changes to a project, and mandates that survey results be shared within a defined timeframe. It also ensures that any compensation reflects not just raw land value, but existing structures and agricultural improvements. This is an important distinction in a state where working farms are both businesses and homes.
In addition, property owners are given a stronger voice in the process. They may petition for a public meeting in the county where a project is proposed, creating a formal opportunity for community input. Even during project work, entities must take reasonable steps to preserve access to portions of property not being taken, recognizing that many farms and rural properties continue operating even when partially affected.
These changes do not eliminate the use of eminent domain in Kentucky, nor do they prevent necessary infrastructure from moving forward. What they do is raise the standard—ensuring that when private land is taken, it is done with greater care, clearer justification, and stronger respect for the people who own it.
In a state where agriculture remains a defining industry and family land often carries generations of history, that balance matters. House Bill 542 reflects a continued effort to protect both progress and property and ensures that Kentucky can grow without losing sight of the rights and traditions that have long sustained it.
As always, I can be reached anytime through the toll-free message line in Frankfort at 1-800-372-7181. You can also contact me via email at [email protected] and keep track through the Kentucky legislature’s website at legislature.ky.gov.
Bobby McCool is a Republican member of the Kentucky House of Representatives who represents the 97th District, which includes Martin County and parts of eastern Kentucky.