AN ACT relating to eminent domain and declaring an emergency.

From the Legislature

Amend KRS 382.850 to require a condemnor in an eminent domain action involving property subject to a conservation easement to provide a written report to the court justifying the condemnation due to lack of feasible alternative locations; allow the court to dismiss the condemnation action if the lack of alternative locations is not demonstrated; amend KRS 262.850 to require a condemnor in an eminent domain action involving property located in an agricultural district to provide a written report to the court justifying the condemnation due to lack of feasible alternative locations; allow the court to dismiss the condemnation action if the lack of alternative locations is not demonstrated; amend KRS 416.550 prohibit a condemnor from engaging in false, intimidating, or misleading negotiation tactics; allow a property owner of potentially condemned property to obtain an independent appraisal within 60 days of an initial offer for purchase; reduce the indepdent appraisal period to 30 days if the property owner refuses the initial offer for purchase; prohibit the filing of a condemnation action within the independent appraisal period; establish a penalty of dismissal of the condemnation action, payment of attorney's fees, and a bar on future condemnation actions for violations; amend KRS 416.560 to specify requirements for contents of notice of entry to owners of property; establish penalty for failure to give notice; require condemnor to give notice of a material change to the project; require condemnor to use only current data for surveys; provide a copy of a survey to the property owner within 15 days of completion; allow the property owner to petition a local legislative body for a public meeting regarding the proposed taking; amend KRS 416.610 to require the condemnor to take measures to ensure access to property during on-site work on a project where only a portion of the property has been condemned; amend KRS 416.660 to include preexisting improvements on property and the value of agricultural improvements in the determination of fair market value of condemned property; amend KRS 416.570, 416.600, 416.630, 416.640, and 416.650 to conform; EMERGENCY.