50 State Report Card - The Castle Coalition

50statereport cardCastle CoalitionLEGISLATION REPORT CARDState:Kentucky• The state failed to p any meaningful reform, leaving entireneighborhoods at risk of blight dignation and condemnation.• The state needs a clear definition of “public use” and extremertraint, if not revocation, of condemnation authority based on“blight.”Inc.In 2006, Kentucky’s Legislature did pass abill that modified the state’s eminent domainlaws, but those changes did not fix even themost basic problems with its laws. Even afteradopting House Bill 508, Kentucky still allowsnon-blighted property to be condemned even ifthe state does not intend to own or occupy theproperty, and its statutory language could evenallow condemned property to be handed overto other private parties. In addition, Kentucky’seminent domain laws leave in place the commonblight loophole that, due to an extremely broaddefinition of what can be considered blighted or“slum” areas, could permit the taking of entireneighborhoods of well-maintained homes.Without further reforms, Kentuckianswill continue to live under the threat thattheir homes, businesses, farms, and housesof worship could be taken for someone else’sprivate gain. The Legislature should morecarefully hone the definition of public useto only include traditional public uses, closethe blight loophole by adopting narrow andobjective standards based on threats to thehealth and safety of the community, requireblight to be assessed on a parcel-by-parcelbasis, and adopt a constitutional amendmentthat defines public use and prohibits the use ofeminent domain to transfer property from oneprivate person to another.House Bill 508Sponsored by: State Representative Rob WilkeyStatus: Signed into law on March 28, 2006.21