Kentucky Easements, Landlocked Property and Eminent Domain (2026)

In Kentucky, a prescriptive easement generally takes at least 15 years of adverse use, which the Court of Appeals in Cole v. Gilvin (2001) described as "actual, open, notorious, forcible, exclusive, and hostile," while noting that a passway is held to a less stringent standard. Since July 15, 2002, no such claim may rest on use solely for recreational purposes (KRS 411.190(8)). On eminent domain, KRS 416.675, enacted in 2006, limits condemnation to a public use as the statute defines it and bars condemning private property for transfer to a private owner for economic development that benefits the public only indirectly, with an exemption for acquisitions financed by state road or federal highway funds.

A 2026 act (2026 Ky. Acts ch. 112, House Bill 542, effective April 13, 2026) added new pre-suit duties for condemnors, including an owner's opportunity to obtain an independent appraisal (the statute does not require the condemnor to pay for it), and made dismissal the remedy when those duties are not met. This page covers private easements first and condemnation second. For other states, see our guide to easement laws by state.

Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Kentucky law on private easements (Court of Appeals decisions on prescription and implied easements; KRS 413.010, 413.050 and 411.190; the residence right-of-way statute, KRS 416.350; the conservation easement act, KRS 382.810) and on the condemnation of private property (sections 13 and 242 of the Kentucky Constitution; the Eminent Domain Act of Kentucky, KRS 416.540 to 416.670, as amended by 2026 Ky. Acts ch. 112; KRS 416.675; relocation assistance under KRS 56.620). It does not cover adverse possession of title (see Kentucky squatters' rights and adverse possession), homeowners' association covenants, zoning or regulatory takings, inverse condemnation, federal condemnation (see eminent domain laws by state), or local ordinances.

Easements in Kentucky

An easement is a right to use someone else's land for a limited purpose, such as a driveway or a utility line. The Kentucky Court of Appeals summarized the ways one can arise in Loid v. Kell (1992): "An easement may be created by express written grant, implication, prescription or estoppel."

The rules differ sharply by type. An express easement is a matter of paperwork, a prescriptive easement is a matter of 15 years of qualifying use, and an implied easement turns on how the land was used and divided.

Express easements

An express easement must be in writing. The Court of Appeals held in Loid v. Kell that "A written grant consistent with the formalities of a deed is necessary to create an express easement." The same opinion states that "An easement by estoppel cannot run with the land."

Recorded easements appear in the county land records, so a title search is the usual way to find them. Our Kentucky property records guide explains how to look up a parcel and its recorded documents.

Two statutes address particular easements. A solar easement "shall be created in writing" and "shall not be acquired by prescription" (KRS 381.200(2)). Where two or more people have acquired a strip not over 20 feet wide for a shared passway, "The owners of such passways shall bear jointly all the necessary expense of repairs, reconstruction and maintenance, including the necessary fencing thereof" (KRS 381.640(2)).

Implied easements and quasi-easements

When one owner divides a tract and a use already existed between the parts (a driveway crossing what becomes the neighbor's lot, for example), a court may imply an easement from that prior use. In Cole v. Gilvin (2001), the Court of Appeals listed the factors relevant to this kind of quasi-easement:

"(1) whether the claimant is the grantor or the grantee of the dominant tract; (2) the extent of necessity of the easement to the claimant; (3) whether reciprocal benefits accrue to both the grantor and grantee; (4) the manner in which the land was used prior to conveyance; and (5) whether the prior use was or might have been known to the parties to the present litigation."

The court added that easements have been implied "more readily in favor of a grantee than a grantor," and that the use must be "reasonably necessary," meaning "more than merely convenient to the dominant owner, but less than a total inability to enjoy the property absent the use." In a footnote, the court described this necessity factor as "different from and less stringent than the analysis applicable to creating an implied easement by necessity," which is a separate doctrine with a stricter test.

Generally, to prove an easement by implication of law, a party must show, in the words of Cole v. Gilvin, "(1) that there was a separation of title from common ownership; (2) that before the separation occurred the use which gave rise to the easement was so long continued, obvious, and manifest that it must have been intended to be permanent; and, (3) that the use of the claimed easement was highly convenient and beneficial to the land conveyed." The same opinion states that later good-faith buyers "take possession of property subject to roadway easements only if they have actual or constructive knowledge of the existence of the easement."

An easement by necessity is stricter. In Carroll v. Meredith (2001), the Court of Appeals stated that "The three prerequisites to creation of an easement or way of necessity are (1) unity of ownership of the dominant and servient estates; (2) severance of the unity of title by a conveyance of one of the tracts; and (3) necessity of the use of the servient estate at the time of the division and ownership to provide access to the dominant estate." The necessity must be strict: "Strict necessity has generally been defined as absolute necessity such as where property is landlocked or otherwise inaccessible," and "A way of necessity generally will not be implied if the claimant has another means of access to a public road from his land however inconvenient." A party seeking an implied easement "has the burden of proving the existence of the easement by clear and convincing evidence."

Landlocked residence: the KRS 416.350 right-of-way

Kentucky has a statute that lets some landlocked owners force access. KRS 416.350(1) provides:

"The owner of any tract or parcel of land on which his residence is located, who has no means of ingress or egress to any public road or highway, may acquire by condemnation pursuant to the Eminent Domain Act of Kentucky a convenient right-of-way in order to attend courts and elections and discharge other duties required of him by law; such right-of-way shall not exceed in width thirty (30) feet over the lands intervening and lying between such tract or parcel of land and the public road nearest or most convenient thereto."

Three limits matter. The statute applies only to a tract on which the owner's residence is located. The right-of-way is acquired by condemnation under the Eminent Domain Act of Kentucky, so the procedure and compensation rules described in the eminent-domain half of this page apply. And under KRS 416.350(2), the right does not exist where the current owner or any predecessor in title:

• purchased a tract that had no means of ingress or egress to a public road or highway;
• sold part of a tract, leaving the part retained without any means of ingress or egress to a public road or highway; or
• had part of the land taken by condemnation, leaving the rest without access, and was compensated by reason of the condemnation for that loss of access.

An owner who falls into one of those exclusions cannot use the statute and is left with whatever implied easement the common law allows.

Prescriptive easements: 15 years

A prescriptive easement is an easement gained by long use without the owner's permission. In Cole v. Gilvin, the Court of Appeals, drawing on earlier decisions of Kentucky's highest court, stated that "As a general matter," a claimant's adverse use must be "actual, open, notorious, forcible, exclusive, and hostile, and must continue in full force ... for at least fifteen years." The same opinion notes that a passway carries "a less stringent standard of use": "It is sufficient if the use exercised by the owner of the dominant tenement is unobstructed, open, peaceable, continuous, and as of right for the prescribed statutory period." It also states that "the adverse possession of a grantee may be tacked on to that of his grantor to complete the statutory period." KRS 413.010 sets the same period for actions to recover land: "Subject to KRS 411.190(8), an action for the recovery of real property may be brought only within fifteen (15) years after the right to institute it first accrued to the plaintiff, or to the person through whom he claims." Our Kentucky statute of limitations guide covers other filing deadlines.

The same opinion sets out how permission and long use interact:

• Presumption after 15 years. "Continuous, uninterrupted use of a passway without interference for 15 years or more raises a presumption the use was under a claim of right and the burden shifts to the opposing landowner to present evidence to rebut the presumption showing it was merely permissive."
• Permissive beginnings. If the use was permissive at its start, neither a prescriptive easement nor the presumption arises "unless there has been some distinct and positive act of assertion of right made clearly known to the owner of the servient tenement."
• No ripening from permission. "The right to use a passway as a prescriptive easement cannot be acquired no matter how long the use continues if it originated from permission by the owner."

The recreational-use bar. A 2002 act (2002 Ky. Acts ch. 306), effective July 15, 2002, added subsection (8) to KRS 411.190, the recreational-use statute, and made the 15-year period in KRS 413.010 subject to it. As currently in force, it reads: "An action for the recovery of real property, including establishment of prescriptive easement, right-of-way, or adverse possession, shall not be brought by any person whose claim is based on use solely for recreational purposes." The same section also states that it shall not be construed to "Ripen into a claim for adverse possession absent a claim of title or legal right" (KRS 411.190(7)(c)). Later amendments left the rule in place: 2025 Ky. Acts ch. 133 changed the definitions of "land" and "recreational purpose" (adding rocks, boulders and cliffs, and rock climbing, bouldering and rappelling), and 2026 Ky. Acts ch. 192, effective July 15, 2026, amended the section again; subsection (8) reads as quoted above.

Public streets and roads. Prescription against a city or the public works differently. Under KRS 413.050(1), the limitation period does not begin to run against a city's claim to "any part of any street, alley or other public easement" until the city's legislative body "has been notified in writing by the party in possession or about to take possession that his possession will be adverse to the right or title of the city." Under KRS 413.050(2), "Limitation shall not begin to run in favor of any person in the possession of any part of any public road until written notice is given to the county judge/executive of the county in which the road is situated that the possession is adverse to the right of the public to the use of the road."

Adverse possession of title (ownership, not just a right of use) runs on the same 15-year period under KRS 413.010, with a 7-year period under KRS 413.060 for an occupant with a connected record title from the Commonwealth. Those rules are covered in our Kentucky squatters' rights guide.

Stopping a prescriptive easement

The statutes covered on this page (KRS 413.010, 413.050, 411.190 and 416.350) do not create a posted-sign or recorded-notice procedure that a private landowner can use to block prescription. The rule that does the work is the one in Cole v. Gilvin: use that "originated from permission by the owner" cannot become a prescriptive easement, however long it lasts, absent a distinct and positive assertion of right made clearly known to the owner. Separately, use solely for recreational purposes cannot support a claim at all (KRS 411.190(8)).

Conservation easements and how easements end

Kentucky's conservation easement act treats a conservation easement like other easements for most purposes. KRS 382.810(1) provides that "a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements," except as the act provides otherwise. No right or duty arises under a conservation easement "before its acceptance by the holder and a recordation of the acceptance" (KRS 382.810(2)), and the easement is "unlimited in duration unless the instrument creating it otherwise provides" (KRS 382.810(3)), although the act does not affect "the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity" (KRS 382.820(2)).

As noted above, an easement by estoppel "cannot run with the land" (Loid v. Kell). For a permanent easement, the Court of Appeals stated in Scott v. Long Valley Farm Kentucky, Inc. (1991) that "Ordinarily, such right is forever, unless, of course, terminated by an act of the parties (for example, abandonment, merger, or conveyance) or by operation of law, as in the case of forfeiture or otherwise." The court added that "It is likewise not relevant that the dominant estate makes little or no use of the servitude, or, for that matter, that there exists an alternative means of enjoyment," and reversed a judgment that had ended the easement, finding "nothing in the record to authorize the court in its equitable powers to alter these rights."

Eminent Domain in Kentucky

Eminent domain is the power to take private property for public use with payment. For federal law and a comparison of every state, see our guide to eminent domain laws by state.

The constitutional rules: sections 13 and 242

Two sections of the Kentucky Constitution govern takings. Section 13 provides that no man's property shall "be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him." Section 242 reaches further for local governments and private condemnors:

"Municipal and other corporations, and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured or destroyed by them; which compensation shall be paid before such taking, or paid or secured, at the election of such corporation or individual, before such injury or destruction."

Section 242 also provides that "The General Assembly shall not deprive any person of an appeal from any preliminary assessment of damages against any such corporation or individual made by Commissioners or otherwise; and upon appeal from such preliminary assessment, the amount of such damages shall, in all cases, be determined by a jury, according to the course of the common law."

The court in V. T. C. Lines explained that section 242 "extends also to 'injuring or destroying,' while section 13 is confined solely to 'taking.'" In other words, section 242 is a damaging clause for municipal and other corporations and individuals that hold the power to condemn. The Kentucky Supreme Court has also read sections 13 and 242 "to forbid the taking of private property for private uses" (Commonwealth, Department of Transportation v. Knieriem, 1986, quoting City of Owensboro v. McCormick, 1979); in Knieriem it held that condemning a strip of land to restore a private access easement for a neighbor "is a taking of private property for a private use, and is forbidden by our Constitution."

Can Kentucky take property for a private developer?

Not for indirect economic benefits. After the U.S. Supreme Court's 2005 Kelo decision, the General Assembly enacted KRS 416.675 (2006 Ky. Acts ch. 73, effective July 12, 2006). Subsection (1) makes every grant of eminent domain power "subject to the condition that the authority be exercised only to effectuate a public use of the condemned property." Subsection (2) defines public use as ownership, or possession or enjoyment as a matter of right, by the Commonwealth, a political subdivision or another governmental entity; "The acquisition and transfer of property for the purpose of eliminating blighted areas, slum areas, or substandard and insanitary areas in accordance with KRS Chapter 99"; "The use of the property for the creation or operation of public utilities or common carriers"; or "Other use of the property expressly authorized by statute." Subsection (3) provides:

"No provision in the law of the Commonwealth shall be construed to authorize the condemnation of private property for transfer to a private owner for the purpose of economic development that benefits the general public only indirectly, such as by increasing the tax base, tax revenues, or employment, or by promoting the general economic health of the community. However, this provision shall not prohibit the sale or lease of property to private entities that occupy an incidental area within a public project or building, provided that no property may be condemned primarily for the purpose of facilitating an incidental private use."

Subsection (4) carves out highway work: "The exercise of the power of eminent domain for the acquisition of property financed by state road funds or federal highway funds shall be exempt from the provisions of this section."

Who may condemn: utilities, pipelines and private condemnors

The Eminent Domain Act is not limited to government. Its definition of "condemnor" in KRS 416.540(2) includes "any person, corporation or entity, including the Commonwealth of Kentucky, its agencies and departments, county, municipality and taxing district authorized and empowered by law to exercise the right of eminent domain," and "eminent domain" includes "the right of private persons, corporations, or business entities to do so under authority of law" (KRS 416.540(5)).

Pipelines have specific rules:

• Oil and gas pipelines. KRS 278.502 lets a company building or operating oil or gas wells or pipelines "in public service" condemn land and access rights "if it is unable to contract or agree with the owner after a good faith effort to do so," under the Eminent Domain Act. In Bluegrass Pipeline Co. v. Kentuckians United to Restrain Eminent Domain, Inc. (2015), the Court of Appeals held that the legislature "only intended to delegate the state's power of eminent domain to those pipeline companies that are, or will be, regulated by the PSC," and that a pipeline whose natural gas liquids were not reaching Kentucky consumers "cannot be said to be in the public service of Kentucky."
• Carbon dioxide pipelines. A carbon dioxide transmission pipeline company that has received a construction certificate from the Kentucky State Board on Electric Generation and Siting under KRS 278.714, and "is unable to contract or agree with the owner after a good-faith effort to do so," may condemn the land it needs (KRS 154.27-100(2)). The legislature has declared those pipelines "a public use essential to the fulfillment of the purposes of this chapter" (KRS 154.27-100(4)), a provision enacted in 2011.
• Access limited to the easement. For pipeline easements, "Where the pipeline is reasonably accessible over the easement sought to be condemned, ingress and egress to and from the pipeline and appurtenances shall be limited to the easement itself" (KRS 416.330).

Some private owners also hold condemnation rights by statute: KRS 381.635 lets a landowner condemn the use of underground shafts and passageways under neighboring land to operate a mine where surface access is impracticable, and KRS 416.220 lets the owner of lodging that serves meals condemn a small pumping-station site and pipeline right-of-way for water when pure water is not available in adequate quantities.

Railroad corridors are partly protected: under KRS 416.090, no part of a railroad right-of-way may be taken by condemnation, or without the railroad's consent, for use "on, over and along the right-of-way longitudinally" by any telegraph, telephone, electric light, power or other wire company.

Since April 13, 2026, land under a conservation easement gets added protection. In a condemnation under the Eminent Domain Act involving privately owned property subject to a conservation easement, the condemnor must give the court "a sworn written report ... justifying the condemnation of the specific property at issue due to the lack of feasible alternative locations to satisfy the purposes of the project" (KRS 382.850(4)(a), added by 2026 Ky. Acts ch. 112). The report is not required when the action is brought by a city, county, municipal utility, investor-owned utility, utility cooperative, water district or water association and involves utility easements that do not interfere with agricultural operations or take agricultural infrastructure. If the court finds the report does not show a lack of feasible alternatives, "the condemnation action shall be dismissed."

The same 2026 act applies the feasible-alternative-location report, with the same utility exception and the same dismissal remedy, to privately owned land in a certified agricultural district (KRS 262.850(17)(c)-(d)). A district member who has received a summons in a condemnation of land in the district "may request the local soil and water conservation district board of supervisors to hold a public hearing on the proposed taking of land" (KRS 262.850(17)(b)).

Before filing: offers, appraisals and entry notice (2026 rules)

A condemnor may sue only when it "cannot, by agreement with the owner thereof, acquire" the property rights it needs (KRS 416.550(1)). The 2026 act rewrote the pre-suit steps. Under KRS 416.550(2), as amended:

• Negotiation conduct. The condemnor and its agents "shall not make any materially false statements or engage in intimidating or misleading negotiating tactics" (KRS 416.550(2)(a)).
• Written offer. Any purchase offer must be in writing and delivered by certified mail, return receipt requested, or by hand delivery, checked against government-issued identification and signed by the owner (KRS 416.550(2)(b)).
• Independent appraisal. The owner "shall be afforded the opportunity to obtain an independent appraisal of the property, conducted by an appraiser certified or licensed under KRS Chapter 324A, within sixty (60) days of the receipt of the initial offer for purchase." If the owner refuses to take delivery of the initial offer, "the independent appraisal period shall be reduced to thirty (30) days from the date of the refusal." The statute does not require the condemnor to pay for or reimburse the owner's independent appraisal.
• Use of appraisals. The condemnor must take the owner's independent appraisal into consideration "at all stages of negotiation for purchase of the property," and if it does its own appraisals it must use a certified or licensed appraiser unless it reasonably estimates the portion to be taken at less than $25,000 (KRS 416.550(2)(c)3.). Later offers made during negotiation do not start a new appraisal period (KRS 416.550(2)(c)2.).
• No filing during that period. "The condemnor shall not file a petition for the initiation of a condemnation action until after the independent appraisal period ... has expired."
• Dismissal as the remedy. "A violation of any requirement in this section shall result in a dismissal of the condemnation action pursuant to KRS 416.610(4)." A violation of subsection (2)(a), the negotiation-conduct rule, also entitles the owner "to recovery of costs, expenses, and reasonable attorney's fees in the action."

Before filing, a condemnor may enter land it has the power to condemn "in order to make studies, surveys, tests, sounding, and appraisals," but only if the owner (or the person in whose name the property is assessed) has been notified "no later than ten (10) days prior to entry on the property" (KRS 416.560(4)(a)). The notice must go by certified mail to the owner's address on the county tax rolls or by hand delivery checked against government-issued identification, and must describe the project and the parcel, include the law granting the condemnor its power, give an estimated timeline, offer copies of right-of-way maps and plans within 15 business days of a request, and tell the owner of the independent-appraisal right and the right to request a public meeting (KRS 416.560(4)(b)). A material change to that information must be noticed within 15 days of the condemnor's decision to proceed with it (KRS 416.560(5)). Surveys and appraisals must use "only up-to-date data" and be "Provided to the property owner within fifteen (15) days of completion" (KRS 416.560(4)(c)), and the condemnor pays "Any actual damages sustained by the owner" from its entry (KRS 416.560(4)(d)).

Within 30 days of receiving either notice, the owner may ask the condemnor to host a public meeting in the county on the proposed taking, if no meeting the owner was notified of has already been held; the meeting must be held within 30 days of the request (KRS 416.560(6)(a)). "Failure to provide notification under subsection (4)(b) or (5) of this section shall result in a dismissal of the condemnation action" (KRS 416.560(6)(b)).

The court case: answer, commissioners, exceptions and jury

Condemnation is filed as a petition in circuit court. The steps and deadlines are:

• Commissioners. The court appoints "three (3) impartial housekeepers of the county who are owners of land" as commissioners, who must return a written report of their award "Within fifteen (15) days from the date of their appointment" (KRS 416.580(1)).

• Answer within 20 days, on the right to take only. Any answer "shall be filed on or before the twenty (20) days after date of service and shall be confined solely to the question of the right of the petitioner to condemn the property," without prejudice to the owner's later challenge to the amount (KRS 416.600).

• The court decides the right to take. If the owner contests the right to condemn, "the court shall, without intervention of a jury, proceed immediately to hear and determine whether the petitioner has that right" (KRS 416.610(4)). If the condemnor lacks that right, the result is "An order dismissing the petition and directing the petitioner to pay all costs."

• Partial takings. When only part of a property is condemned, the interlocutory judgment includes "a requirement that the condemnor take appropriate measures to ensure reasonable, direct access to the property for the duration of the on-site work for the project" (KRS 416.610(2)(e)).

• Possession. The interlocutory judgment authorizes the condemnor to take possession "upon payment to the owner or to the clerk of the court the amount of the compensation awarded by the commissioners" (KRS 416.610(2)(c)).

• Exceptions within 30 days. Within 30 days of the interlocutory judgment authorizing the condemnor to take possession, either side may file exceptions to the award, but "the owner shall not be permitted to raise any question ... concerning the right of the petitioner to condemn the property" (KRS 416.620(1)). Questions of fact on the amount of compensation are determined by a jury.

• Appeals. Either side may appeal to the Court of Appeals, "except that an appeal by the owner shall not operate as a supersedeas" (KRS 416.620(2)), meaning an owner's appeal does not by itself stop the judgment from taking effect.

• Taking the money. Accepting the commissioners' award does not "prejudice his right to except from the award" (KRS 416.620(3)). But if the amount is later decreased below the commissioners' award, the condemnor is entitled to "a personal judgment against the owner for the amount of the decrease plus interest at the rate of six percent (6%) per annum from the date the owner accepted" the payment; no interest is charged if the owner never accepted it (KRS 416.620(5)).

The practical trap is the 20-day answer. Because the exceptions stage is limited to the amount of compensation, an owner who does not contest the right to condemn in a timely answer loses the chance to raise it later in the case.

Owner deadlines and traps

How compensation is calculated

KRS 416.660(1) sets the award as the difference between the fair market value of the entire tract, including improvements existing when the action was filed, immediately before the taking and the fair market value of the remainder immediately after it, plus the fair rental value of any temporary easements. Two more rules shape the number:

• Project effects ignored. "Any change in the fair market value prior to the date of condemnation which the condemnor or condemnee establishes was substantially due to the general knowledge of the imminence of condemnation or the construction of the project shall be disregarded" (KRS 416.660(2)).
• Valuation date. "The taking date for valuation purposes shall be either the date the condemnor takes the land, or the date of the trial of the issue of just compensation, whichever occurs first" (KRS 416.660(2)).

Since April 13, 2026, "The value of agricultural infrastructure improvements, including but not limited to drainage tile, water systems, livestock fencing, and permanent on-farm structures, shall be considered in determining the fair market value of property actively used for farm or agricultural purposes" (KRS 416.660(3)).

The Eminent Domain Act (KRS 416.540 to 416.670) contains no provision adding a percentage above fair market value for a home or principal residence. If the condemnor takes possession and the compensation is later increased over the commissioners' award, the condemnor pays interest at 6% a year on the increase from the date it took possession (KRS 416.620(5)).

Costs, attorney fees and relocation

Under KRS 416.620(4), "All costs in the Circuit Court shall be adjudged against the condemnor." Court costs are not attorney fees: the Kentucky Supreme Court held in Knieriem (1986) that "the phrase 'all costs' in KRS 416.610(4)(c) does not include an award of attorney's fees," noting that "attorney's fees are not allowed in the absence of a statute or contract expressly providing therefor," and Kentucky's general fee-shifting statute does not "Apply to proceedings involving eminent domain" (KRS 453.260(5)(c)). The Eminent Domain Act contains no general rule awarding the owner's attorney fees when the final award exceeds the condemnor's offer. Within the Act, attorney fees are awarded, in addition to dismissal, for a violation of the negotiation rule in KRS 416.550(2)(a).

KRS 56.620(1) authorizes state agencies, local governments and other entities subject to the federal Uniform Relocation Act to provide relocation assistance and payments as needed to comply with that federal act; it sets no payment amounts of its own. Relocation payments are separate from compensation. KRS 56.620(2) provides that payments under its authority compensate or reimburse "the displaced person or owner of real property in accordance with the requirements of the Federal Uniform Relocation Act and such payments shall not for any purpose be deemed or considered compensation for real property acquired or compensation for damages to remaining property."

Buying back land that was never used

KRS 416.670(1) requires development "within a period of eight (8) years from the date of the deed to the condemnor or the date on which the condemnor took possession, whichever is earlier, for the purpose for which it was condemned." If development does not begin, "the current landowner" is entitled "to repurchase the property at the price the condemnor paid to the landowner for the property," and "The current owner of the land from which the condemned land was taken may reacquire the land." A condemnor that fails to develop within 8 years, or fails to begin design on highway projects under KRS Chapter 177 within 8 years after acquisition, must notify the current landowner of this right (KRS 416.670(2)). The section "shall not apply to property acquired for purposes of industrial development pursuant to KRS Chapter 152 or a project of a transportation improvement district under KRS 184.350 to 184.395."

If the current landowner declines to buy, the property is sold at auction after public notice (KRS 416.670(2)); where the remaining land has been subdivided, the adjoining owners may submit sealed bids, and the condemnor accepts the highest bid at or above the original price (KRS 416.670(3)). The Kentucky Supreme Court held in Vandertoll v. Commonwealth (2003) that "the appropriate period of limitations is the five year statute in KRS 413.120(2)," and that the period does not begin to run until the condemnor gives the former owner the notice the statute requires.

The federal layer

In Kelo v. City of New London (2005), the U.S. Supreme Court held that takings under an economic development plan that "unquestionably serves a public purpose" satisfied the Fifth Amendment's public use requirement, while emphasizing that "nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power." For federally assisted acquisitions, 42 U.S.C. 4655(a) requires assurances that the acquiring agency "will be guided, to the greatest extent practicable under State law, by the land acquisition policies in section 4651." The national eminent domain guide covers federal law in more detail.

Recent changes in Kentucky easement and eminent domain law

• 2025 Ky. Acts ch. 133 (House Bill 114), effective June 27, 2025: changed the definitions of "land" and "recreational purpose" in KRS 411.190 (adding rocks, boulders and cliffs, and rock climbing, bouldering and rappelling). The bar on recreation-only prescriptive easement, right-of-way and adverse possession claims in KRS 411.190(8) has been in force since July 15, 2002.
• 2026 Ky. Acts ch. 112 (House Bill 542), effective April 13, 2026: amended the Eminent Domain Act to add the independent appraisal period and filing bar (KRS 416.550), the delivery method and contents of the pre-entry notice, current-data and 15-day delivery rules for surveys and appraisals, material-change notice and an owner's right to request a public meeting (KRS 416.560), dismissal as the remedy for violations, the partial-taking access requirement (KRS 416.610), the agricultural infrastructure valuation rule (KRS 416.660(3)), and the alternative-location report for land under a conservation easement (KRS 382.850(4)) or in an agricultural district (KRS 262.850(17)).
• 2026 Ky. Acts ch. 192, effective July 15, 2026: amended KRS 411.190 again; subsection (8) reads as quoted on this page.

Kentucky easement and eminent domain rules at a glance

Related Kentucky guides

• Easement laws by state
• Eminent domain laws by state
• Kentucky squatters' rights and adverse possession
• Kentucky property records
• Kentucky statute of limitations

This article provides general legal information about Kentucky easement and eminent domain law as of 2026-10-19. It is not legal advice. For advice about a specific property, easement or condemnation, contact a lawyer licensed in Kentucky.

Last updated: 2026-10-19.

Frequently Asked Questions

How long does it take to get a prescriptive easement in Kentucky?

Generally at least 15 years of use that is actual, open, notorious, forcible, exclusive and hostile, as the Court of Appeals stated in Cole v. Gilvin (2001); for a passway, use that is unobstructed, open, peaceable, continuous and as of right for that period is enough. Since July 15, 2002, a claim based on use solely for recreational purposes cannot be brought (KRS 411.190(8)).

Does permission stop a prescriptive easement in Kentucky?

Use that began with the owner's permission cannot become a prescriptive easement, no matter how long it continues, unless there is a distinct and positive assertion of right made clearly known to the owner (Cole v. Gilvin). After 15 years of continuous, uninterrupted passway use, however, the use is presumed to be under a claim of right and the owner bears the burden of showing it was permissive.

What can I do if my land in Kentucky is landlocked?

KRS 416.350 lets the owner of a tract on which the owner's residence is located, with no access to a public road, condemn a convenient right-of-way no wider than 30 feet, unless the owner or a predecessor bought the tract landlocked, created the landlocking by selling part of it, or was compensated for lost access in a condemnation. Kentucky courts also recognize easements created by implication. A common-law way of necessity requires strict necessity, generally will not be implied if the claimant has another means of access to a public road however inconvenient, and must be proved by clear and convincing evidence (Carroll v. Meredith).

Can Kentucky take my property for a private developer?

KRS 416.675 allows eminent domain only for a public use, which it defines to include government ownership, blight removal, public utilities, common carriers and other uses expressly authorized by statute. Subsection (3) bars condemnation of private property for transfer to a private owner for economic development that benefits the public only indirectly, such as by increasing the tax base, tax revenues or employment. Incidental private use within a public project is allowed if the property is not condemned primarily for that use, and acquisitions financed by state road or federal highway funds are exempt (KRS 416.675(4)).

Can a pipeline company use eminent domain in Kentucky?

The Eminent Domain Act's definition of condemnor includes private persons and corporations authorized by law to condemn (KRS 416.540). A carbon dioxide transmission pipeline company with a construction certificate from the state siting board may condemn land after a good-faith effort to agree with the owner fails, and the legislature has declared those pipelines an essential public use (KRS 154.27-100). Oil and gas pipeline companies may condemn under KRS 278.502 only for pipelines in public service; in Bluegrass Pipeline Co. v. Kentuckians United to Restrain Eminent Domain (2015), the Court of Appeals limited that power to pipeline companies that are, or will be, regulated by the Public Service Commission.

How is just compensation calculated in Kentucky eminent domain?

Compensation is the difference between the fair market value of the whole tract immediately before the taking and of the remainder immediately after it, plus the fair rental value of any temporary easement (KRS 416.660(1)); changes in value caused by general knowledge of the coming condemnation or the project are disregarded, and the valuation date is the date the condemnor takes the land or the date of the compensation trial, whichever is first (KRS 416.660). Since April 13, 2026, agricultural infrastructure must be considered for actively farmed land.

How long do I have to challenge a condemnation in Kentucky?

An answer challenging the condemnor's right to take the property must be filed within 20 days after service (KRS 416.600). Exceptions to the amount of the commissioners' award are due within 30 days of the interlocutory judgment, and at that stage the owner cannot raise the right to condemn (KRS 416.620(1)). Before suit, an owner has 30 days after an entry notice or a material-change notice to request a public meeting, if no meeting on the taking that the owner was notified of has already been held (KRS 416.560(6)).

Does Kentucky pay attorney fees in eminent domain cases?

All circuit court costs are adjudged against the condemnor (KRS 416.620(4)). The Kentucky Supreme Court held in Knieriem (1986) that 'all costs' in the Act's dismissal provision, KRS 416.610(4)(c), does not include attorney's fees, noting that attorney's fees are generally not allowed without a statute or contract expressly providing for them. The Eminent Domain Act awards costs, expenses and reasonable attorney fees, on top of dismissal, when the condemnor violates the negotiation rule in KRS 416.550(2)(a); the Act has no general rule shifting fees when the award exceeds the offer.

Can I buy back condemned land in Kentucky?

If development for the condemnation purpose has not started within 8 years of the deed or possession, whichever is earlier, the current owner of the land from which the property was taken may repurchase it at the price the condemnor paid (KRS 416.670). The rule does not apply to KRS Chapter 152 industrial development property or transportation improvement district projects. A repurchase claim must be brought within 5 years under KRS 413.120(2), a period that does not start until the condemnor gives the required notice (Vandertoll v. Commonwealth, Ky. 2003).