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HB 878

AN ACT relating to the abolition of eminent domain.

2026 Regular Session Introduced by Candy Massaroni and 1 co-sponsor

HB 878 abolishes eminent domain in Kentucky and shifts property acquisition to negotiated methods, plus broad ethics, procurement, and emergency powers reforms.

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Bill Summary · HB 878

Summary of HB 878 (2026 Regular Session, Kentucky)

Main purpose and intent

HB 878 seeks to abolish the power of eminent domain in Kentucky and to reform related real property and procurement authorities across state and local governments. The bill would prohibit governmental and quasi-governmental entities from using eminent domain to compel property owners to sell or lose their property. It also makes numerous changes to how the state handles real property, energy projects, emergency powers, and ethics rules, aligning procurement and protection of private property with a broader policy stance against eminent domain.

Key provisions and changes

  • Abolition of eminent domain (Section 1)

    • Creates a new section in KRS Chapter 416 declaring: “The power of eminent domain is hereby abolished in this Commonwealth.”
    • Prohibits entities operating in Kentucky (cities, counties, school districts, authorities, corporations, public-private entities, etc.) from exercising the right of eminent domain.

  • National park/land acquisition provisions (Section 2)

    • Amends KRS 3.070 to specify United States acquisition of land for Mammoth Cave National Park, including certain acres in Edmonson, Barren, and Hart counties.
    • Establishes Kentucky jurisdiction ceded to the United States for lands acquired, with some tax and voting rights retained by Kentucky residents until police jurisdiction is assumed by the U.S.

  • Public officials’ ethics and conflicts of interest provisions (Sections 3-4)

    • Section 3 tightens restrictions preventing legislators or their spouses from leasing or selling facilities to state agencies if they hold more than 5% interest; creates Class D felony penalties for violations.
    • Section 4 broadens prohibitions on public servants relating to confidential information, financial interests in contracts, outside employment, post-employment lobbying, and related restrictions; includes detailed exemptions and compensation rules, with various anti-corruption safeguards.

  • Emergency powers and disaster response (Section 8, with related sections)

    • Defines and governs emergency powers for governor and local officials, including authority during declared emergencies to enforce laws, direct response, manage resources, and coordinate federal aid.
    • Includes reporting requirements to the General Assembly about emergency spending and federal revenue use.

  • Department of Military Affairs and facilities (Sections 6-7)

    • Reaffirms Adjutant General’s authority and responsibilities; explicitly mentions ability to enter into federal contracts and manage military property, with some powers paralleling but not duplicating eminent domain processes.

  • Public works, procurement, and property management (Sections 10-19)

    • Reorganizes and clarifies the Finance and Administration Cabinet’s role in procurement, disposition of state real and personal property, inventory control, and capital projects.
    • Restates bonding and financing mechanics for public projects, but with emphasis on competitive bidding, valuation, and transparency.
    • Addresses energy conservation financing and project delivery methods.

  • Public records and transparency (Section 21)

    • Maintains standard state public records protections while detailing exemptions for certain sensitive real estate appraisals and other property-related records.

Who would be affected

  • All governmental entities in Kentucky (cities, counties, school districts, commissions, departments, and public-private partnerships) would be prohibited from using eminent domain.
  • State agencies and the Finance and Administration Cabinet would have expanded or clarified authority over real property acquisition, disposition, leases, and management, with a shift away from eminent domain-like approaches toward negotiated purchases and other procurement tools.
  • Public officials and prospective public servants would face strengthened conflict-of-interest and post-employment restrictions.
  • Local and state governments, as well as the federal government’s involvement in land and emergency management, would interact under revised ownership and jurisdiction rules, particularly in relation to Mammoth Cave area lands addressed in Section 2.

Procedural and timeline notes

  • The bill is structured to take effect upon passage (explicit abolition of eminent domain starts the framework).
  • It contains several retroactive or transitional elements (e.g., Section 4’s retroactivity clause related to outside employment).
  • Several sections require regulations or actions by the Finance and Administration Cabinet or the Governor to implement procedures (procurement manuals, reporting forms, and intergovernmental agreements).

Overall, HB 878 represents a comprehensive policy shift toward ending eminent domain while reforming land management, procurement, and ethics rules across Kentucky government.

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

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