SB119 amends Kentucky’s eminent domain law to expand and clarify when property taken by condemnation must be offered back to the former owner or current landowner. Under the bill, if a condemnor does not begin development on condemned property within eight years of acquisition, or does not begin design on highway projects within eight years, the current landowner may repurchase the property at the price originally paid. The bill also extends this repurchase right to remaining property acquired for a highway project that was not used after the project was completed.
The bill requires the condemnor to notify the current landowner of these repurchase rights. If the landowner declines, the property must be publicly noticed and sold at auction. For situations involving multiple current owners of subdivided remaining land with a common boundary to the condemned parcel, the bill establishes a sealed-bid process among those owners, with the condemnor required to accept the highest qualifying bid at or above the original condemnation price; otherwise, the property goes to auction. The bill expressly excludes property acquired for industrial development and transportation improvement district projects.
Impact
SB119 would amend KRS 416.670, Kentucky’s statute governing the repurchase of condemned property, by broadening the circumstances under which former or adjacent landowners can buy back land taken through eminent domain. It would add specific procedures for notice, sealed bids, and auction sales, and it would create a clearer statutory remedy when condemned property is not developed or is no longer needed. The bill would affect condemnors, current landowners, former owners of condemned property, and entities involved in highway, industrial development, and transportation improvement district projects.
Sentiment
The available record shows no committee transcript and no recorded votes, so there is no documented public debate or formal vote history to gauge support or opposition. Based on the bill’s text, the measure appears aimed at strengthening property-owner protections and limiting long-term retention of unused condemned land, which may appeal to landowners and property-rights advocates. At the same time, the bill could draw concern from condemning authorities and transportation agencies because it imposes repurchase obligations and additional administrative steps.
Contention
The main points of contention are likely to be the eight-year development deadline, the requirement to resell unused condemned property at the original condemnation price, and the added notice and auction procedures. Property owners and former owners would likely support these protections as a way to prevent government or utility entities from holding land indefinitely without using it for the stated public purpose. Condemnors, highway agencies, and other public or quasi-public entities may object that the bill could complicate project planning, reduce flexibility in land management, and create financial or administrative burdens. The exclusions for industrial development and transportation improvement district projects suggest those areas were intentionally carved out, possibly to avoid disrupting existing development tools.
An Act to amend and reenact §§ 25.1-108, 25.1-109, 28.2-628, 33.2-291, and 33.2-293 of the Code of Virginia, relating to Virginia Passenger Rail Authority; eminent domain.
Prohibits condemnation of farmland actively supporting agricultural or horticultural production for purpose other than agricultural or horticultural production.
Prohibits condemnation of farmland actively supporting agricultural or horticultural production for purpose other than agricultural or horticultural production.