AN ACT relating to eminent domain for solar energy projects.

UNOFFICIAL COPY 26 RS BR 1628
Page 1 of 1
XXXX 1/20/2026 7:51 AM Jacketed
AN ACT relating to eminent domain for solar energy projects. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 416 IS CREATED TO 3
READ AS FOLLOWS: 4
Notwithstanding any provision of law to the contrary, no land condemned by eminent 5
domain under this chapter or any other grant of condemnation authority under state 6
law shall be used for the construction of a facility that generates electricity using solar 7
energy or the construction of any transmission facility to serve a facility that generates 8
electricity using solar energy. 9
Section 2. KRS 416.570 is amended to read as follows: 10
Except as otherwise provided in KRS 416.560, a condemnor seeking to condemn 11
property or the use and occupation thereof, shall file a verified petition in the Circuit 12
Court of the county in which all or the greate r portion of the property sought to be 13
condemned is located, which petition shall state that it is filed under the provisions of 14
KRS 416.550 to 416.670 and shall contain, in substance: 15
(1) Allegations sufficient to show that the petitioner is entitled, und er the provisions of 16
applicable law, to exercise the right of eminent domain and to condemn the 17
property, or the use and occupation thereof, sought to be taken in such proceedings; 18
(2) A statement certifying that the proposed condemnation will not violate Section 1 19
of this Act; 20
(3) A particular description of the property and the use and occupation thereof sought 21
to be condemned; and 22
(4)[(3)] An application to the court to appoint commis sioners to award the amount of 23
compensation the owner of the property sought to be condemned is entitled to 24
receive therefor. 25