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Bill Summary · SB 119

Summary of SB 119 (2026RS) – Eminent Domain

Purpose and intent

SB 119 proposes changes to Kentucky law governing the use of eminent domain, specifically addressing timelines for development after condemnation and procedures for reacquisition by landowners when development does not proceed as expected. The measure aims to ensure that condemned property is utilized for its intended purpose within a defined period and provides a framework for landowners to reclaim land under certain conditions.

Key provisions and changes

  • Development timeline after condemnation (Section 1):

    • Requires development to begin on property acquired through condemnation within eight years from either:
    • the date of the deed to the condemnor, or
    • the date the condemnor took possession (whichever is earlier).
    • If development is not begun in this eight-year window, the current landowner may repurchase the property at the price the condemnor paid.

  • Applicability to highway and related projects (Section 1):

    • Subsection (3) clarifies applicability to cases where the condemnor fails to:
    • develop after condemnation, or
    • begin design on highway projects within eight years after acquisition.
    • Applies to remaining property acquired for a highway project but not used after project completion.

  • Landowner repurchase rights (Section 1):

    • When the above conditions apply, the current landowner is entitled to repurchase the property at the purchase price paid by the condemnor.

  • Notice and sale process (Section 1):

    • The condemnor must notify the current landowner of these rights.
    • If the landowner refuses to purchase, public notice must be given within 30 days, and the property shall be sold at auction.

  • Exclusions (Section 1):

    • The section does not apply to property acquired for:
    • industrial development under Chapter 152, or
    • projects of a transportation improvement district under KRS 184.350 to 184.395.

  • Multiple owners and bidding (Section 5):

    • If the condemned land is part of a tract with two or more current owners sharing a boundary with the condemned land, all owners of the remaining parcels may bid for the condemned land.
    • Sealed bids are to be submitted within 30 days; the condemnor must accept the highest bid that is equal to or greater than the original condemnation price.
    • If no bids meet or exceed that price, the property is sold at auction.

Who and what is affected

  • Affected parties: Property owners from whom land was condemned, condemning authorities, and, in some cases, neighboring landowners with common boundaries.
  • Property scope: Primarily real property acquired through condemnation, with specific relevance to highway projects and, in limited fashion, other development contexts (with stated exclusions).

Procedural and timeline aspects

  • Eight-year clock: A new, fixed eight-year development deadline from possession or deed date for condemned property.
  • Notice requirements: Condemnor must notify landowners of their repurchase rights; if declined, public notice and auction procedures follow within 30 days.
  • Bid process for multi-owner parcels: Sealed bid process with a preference for matching or exceeding the original price; fallback to auction if bids are insufficient.

Potential impact

  • Creates a concrete incentive for timely development of condemned property.
  • Provides a clear mechanism for landowners to reclaim property if development does not occur, potentially affecting federal/state highway projects and related planning.
  • Introduces formal bid and sale procedures to ensure transparency when reacquisition rights are exercised.

Compiled from official sources — confirm details with the bill’s official record.

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