Kentucky General Assembly restricts eminent domain on agricultural conservation easements

Kentucky's Senate Bill 171, introduced on February 14, 2025, aims to strengthen protections for privately owned properties under agricultural conservation easements from being seized through eminent domain. This legislation responds to growing concerns among landowners about the potential loss of their agricultural lands, which are often vital for local economies and food production.

The bill stipulates that no entity with the power of eminent domain can take property subject to these easements, except in specific cases involving the Kentucky Transportation Cabinet or utilities acting under certain statutory mandates. This provision seeks to ensure that agricultural lands, which play a crucial role in preserving Kentucky's rural heritage and agricultural economy, are safeguarded from unnecessary development or infrastructure projects.

Key features of the bill include the establishment of a public hearing process for property owners facing condemnation. If a property owner receives a summons for condemnation, they can request a hearing before the local soil and water conservation district board. During this hearing, the condemnor must provide a written justification for the taking, demonstrating that no feasible alternatives exist for the project. This requirement aims to enhance transparency and accountability in the condemnation process.

Additionally, the bill allows adjoining property owners who suffer damages due to the entry of a condemnor onto their land to file claims for actual damages, court costs, and attorney's fees. This provision is designed to protect the rights of neighboring landowners and ensure they are compensated for any adverse effects resulting from eminent domain actions.

The introduction of Senate Bill 171 has sparked discussions among lawmakers, agricultural advocates, and property rights groups. Supporters argue that the bill is a necessary step to protect Kentucky's agricultural landscape and the rights of landowners, while opponents express concerns about potential limitations on infrastructure development and public projects.

As the bill progresses through the legislative process, its implications could resonate beyond property rights, potentially influencing economic development strategies and the balance between public needs and private property protections in Kentucky. The outcome of this legislation will be closely monitored by stakeholders across the state, as it could set a precedent for how eminent domain is exercised in the future.