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HB 845

AN ACT relating to the abolition of eminent domain.

2026 Regular Session Introduced by Kim Banta and 6 co-sponsors

A constitutional amendment would abolish eminent domain in Kentucky, removing public bodies’ power to condemn private property for public use.

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Bill Summary · HB 845

Bill Summary: HB 845 (2026RS) – Abolition of Eminent Domain (Kentucky)

Purpose and intent

  • Proposes a constitutional amendment to abolish eminent domain in Kentucky. If enacted, the Commonwealth, its subdivisions, local governments, and other public bodies would no longer have the power to condemn private property for public use.
  • Seeks to remove existing constitutional language that authorizes eminent domain and to repeal related provisions that govern condemnation by railroads and other entities.

Key provisions and changes

  1. Constitutional amendment to Section 13 (Proposed)

    • Adds language to prohibit any person from being twice jeopardized and, notably, from having property taken or applied to public use without the consent of the person’s representatives and just compensation. This is a reworded concept aligning with property rights, emphasizing consent and compensation.

  2. Constitutional amendment to Section 195 (Proposed)

    • Removes prior language granting the Commonwealth police powers related to eminent domain and removing the basis for corporations to infringe on equal rights of individuals. The amendment would ensure the police powers cannot be construed to enable eminent domain or related corporate actions that infringe on equal rights.

  3. Repeal of specific sections (Proposed)

    • Section 211: Foreign railroad corporations and eminent domain rights. Repeals the provision that barred certain railroad corporations from condemning or acquiring real estate until incorporated under Kentucky law—effectively removing eminent domain authority for railroads under that provision.
    • Section 242: Just compensation and appeals for condemnation. Retains the principle that compensation must be made for property taken or damaged, but places emphasis on the right to appeal preliminary damage assessments and have damages determined by a jury, consistent with common-law procedures.
  • Overall effect: The bill would remove many of the constitutional underpinnings that currently authorize public bodies to take private property for public use, including by railroad or other entities, while preserving some framework around just compensation and jury-determined damage where applicable.

  1. Ratification and submission (Section 5)

    • Requires the constitutional amendment(s) to be submitted to voters for ratification or rejection, following the state constitutional and statutory procedures (Sections 256 and 257, and KRS 118.415).

  2. Publication and ballot formatting (Sections 6–7)

    • Requires publication in a newspaper of general circulation announcing the proposed amendments.
    • Establishes scheduling and certification timelines for distributing the ballot language to county clerks and ensuring the amendments appear on ballots for the next regular election when General Assembly members are up for election.

Who would be affected

  • Public bodies and governmental entities in Kentucky (the Commonwealth, its subdivisions, local governments, and others) would lose the constitutional authority to condemn private property for public use.
  • Private property owners would be directly affected, as eminent domain authority would no longer be available to public bodies for public-use acquisitions.
  • Railroad-related real estate acquisitions and related powers currently tied to eminent domain would be repealed or restricted as per the repealed sections.
  • The process for compensation and appeals in cases where condemnation occurs would shift toward the existing common-law framework, with explicit emphasis on just compensation and jury determination for damages on appeal.

Procedural and timeline aspects

  • The bill is structured as a proposed constitutional amendment, requiring voter ratification.
  • If approved by voters, the amendments would be part of Kentucky’s Constitution.
  • Publication requirements: The Secretary of State must publish the entire question and amendments no later than the first Tuesday in August preceding the election when the amendment is voted on.
  • Ballot certification and placement: The Secretary of State must certify the question to county clerks by specified deadlines, ensuring the amendment language appears on ballots for the next regular election.

Practical considerations

  • The abolition of eminent domain would fundamentally change how public projects are funded or assembled (e.g., infrastructure, utilities, public facilities).
  • Stakeholders including property owners, local governments, infrastructure developers, and legal practitioners would face a potential reorientation of project planning, funding strategies, and dispute resolution related to property acquisition.
  • If the amendments are not ratified, Kentucky would retain current eminent domain authorities and related constitutional protections.

Note: This summary reflects the bill’s text as introduced and does not account for amendments or legislative changes that may occur during the session.

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

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