AN ACT relating to eminent domain.

Create a new section of KRS 262.900 to 262.920 to prohibit the taking of property subject to an agricultural conservation easement by eminent domain; allow public hearing on a proposed taking of property subject to an agricultural conservation easement before the local soil and water conservation district board of supervisors; create a new section of KRS Chapter 411 to allow an owner of property adjoining a property condemned by eminent domain to bring a civil action against the condemnor for damages to property; create a new section of KRS Chapter 413 to establish a five-year statute of limitations for actions by adjoining property owners against condemnors; create a new section of KRS Chapter 416 to prohibit land condemned by eminent domain from being used for the construction of solar energy facilities; amend KRS 262.850 to prohibit the taking of property within the boundaries of an agricultural district by eminent domain; require condemnors to provide a written report at public hearing justifying condemnation due to lack of feasible alternative locations; amend KRS 382.850 to prohibit the taking of property subject to a conservation easement by eminent domain; allow an owner of property subject to a conservation easement who has been served with a summons of condemnation proceedings to request a public hearing before the local soil and water conservation district board of supervisors; require condemnors to provide a written report at public hearing justifying condemnation due to lack of feasible alternative locations; amend KRS 416.550 to require that prior to filing a petition to initiate condemnation proceedings with regard to private property, the condemnor shall engage in good-faith negotiations with the property owner, seek written consent from the property owner to make an audio or video recording of the good-faith negotiations and to submit the recording to the Attorney General, refrain from making any materially false or misleading statements, and not enter into any legally binding agreement with the property owner until a survey of the property has been completed at the expense of the condemnor; provide that the recording of negotiations is subject to public inspection under the Kentucky Open Records Act; amend KRS 416.560 to specify requirements for contents of notice of entry to owners of property; establish penalty for failure to give notice; amend KRS 416.570 to require a petition for condemnation proceedings to contain statements that the property is not subject to an easement that prohibits taking by eminent domain, that there are no reasonable alternate locations or routes for the proposed project, that good-faith negotiations have occurred as prescribed, that no materially false or misleading statements were made to a property owner, and that an audio or video recording of the negotiations has been taken and submitted to the Attorney General or waived by the property owner; amend KRS 416.580 to require the appointment of a certified independent real estate appraiser to the group of commissioners who establish the value of condemned property; amend KRS 416.610 to require the condemnor to pay expenses and reasonable attorney's fees in a condemnation proceeding; amend KRS 416.620 to require the condemnor to pay expenses and reasonable attorney's fees in a condemnation proceeding; amend KRS 416.660 to establish a highest and best use valuation for condemned property; establish the payment of a premium of 125% for any condemned property used for conservation, farm, or agricultural purposes; amend KRS 416.675 to define "private owner."