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Committee advances bill tightening notice and negotiation protections for eminent domain cases
Summary
House Bill 542, advanced by the House Judiciary Committee, would require certified or hand-delivered notice to property owners, sworn proof of attempted delivery when mail is undeliverable, and bar false or misleading statements by condemning authorities or agents.
Representative Myron Dosset introduced House Bill 542 as a measure to increase fairness and transparency in eminent-domain proceedings, recounting family experience with land taken for public projects and saying many constituents have reported poor notice and negotiation practices.
"Property owners must be contacted," the sponsor said, describing language that requires certified mail or hand delivery and a sworn statement if mail is undeliverable. He said the bill also forbids condemning authorities, employees, or agents from making false or misleading statements while negotiating.
Kyle Kelly of the Kentucky Farm Bureau and Stephanie Barnett, who is involved in an ongoing eminent-domain matter, testified in support. Barnett described instances where notices were sent to a P.O. box or old address and property owners returned home to find surveyors on their land before receiving notice.
Committee members pressed for specifics on who is covered. Sponsor Dosset said the bill applies to all condemning entities, including private parties that exercise eminent-domain authority, and to all property owners, including those in conservation easements and farm districts. The sponsor said the measure aims to keep more disputes out of litigation by improving early communication.
Representative Petri, explaining his yes vote, framed eminent domain as the "opposite of consent" and said the bill is a step toward preventing abuses. The committee passed HB 542 by voice: 20 yes, 0 no.
