AN ACT relating to eminent domain for solar energy projects.
Summary
SB107 would prohibit property acquired through eminent domain under Kentucky law from being used to build a solar electricity generation facility or a transmission facility serving such a facility. The bill creates a new section in KRS Chapter 416 establishing this restriction and applies it broadly to land condemned under the chapter or any other state-law grant of condemnation authority.
The bill also amends the eminent domain petition process in KRS 416.570. A condemnor filing to take property would have to certify in its petition that the proposed condemnation does not violate the new solar-energy restriction. In practical terms, this adds a legal check at the outset of condemnation proceedings and could block or delay projects that rely on eminent domain for solar development or related transmission infrastructure.
Impact
SB107 would change Kentucky eminent domain law by creating a categorical limitation on the post-condemnation use of taken land for solar generation and associated transmission facilities. It would also impose a new pleading/certification requirement on condemnors, affecting utilities, developers, and other entities with condemnation authority by requiring them to affirm compliance with the solar restriction before a court can proceed with the petition.
Sentiment
Based on the bill text and the limited available legislative history, the measure appears to reflect a restrictive or skeptical stance toward using eminent domain for solar energy projects. There are no recorded committee transcripts or votes in the provided material, so no formal support or opposition can be measured from debate or roll call history. The bill’s structure suggests an intent to limit solar siting through condemnation rather than to facilitate renewable-energy development.
Contention
The main point of contention is likely whether solar energy projects should be treated differently from other public-utility or infrastructure projects when eminent domain is involved. Supporters would likely view the bill as protecting private property owners from land takings for private or quasi-private solar development, while opponents would likely argue it could hinder renewable-energy buildout and transmission planning. Another likely issue is the breadth of the prohibition, which applies not only to solar generation facilities but also to transmission facilities serving them.