It’s never easy to open the mail and see that the government, or a large company, wants your land and makes you an offer that doesn’t seem fair. You may not know where to turn or if there’s anything you can do. But you do have rights, and you have someone who can help protect them.
At Grossman Green PLLC, our eminent domain lawyers represent families, farmers, and business owners who find themselves facing condemnation notices and unfair offers. We make sure the process follows the law and that you’re treated fairly from start to finish.
Call (502) 657-7100 today for a free consultation with a Kentucky eminent domain attorney who can review your case and explain your legal options.
Why hire a Kentucky eminent domain attorney?
Eminent domain cases are complex. You may be up against state agencies or national utility companies, all with their own teams of lawyers. At Grossman Green, our focus is on protecting private property owners and holding condemning authorities accountable to the law.
When you work with our firm, you get:
- Personal attention from start to finish. Your attorney stays involved in every step of your case, from your first call through trial or appeal.
- Trial-tested representation. Our attorneys prepare every case as if it will go before a jury trial to build leverage for stronger settlements.
- Local insight and experience. Based in Louisville, we understand Kentucky’s property laws and valuation rules.
- Client-first advocacy. We treat clients like family by keeping communication open and answering questions directly.
Our law firm has recovered millions for clients in Kentucky and Indiana. We handle every case with the same dedication.
What is eminent domain, and how does it work in Kentucky?
Eminent domain is the government’s legal power to take private land for a public project, like a new highway or utility line. While this process is allowed under both the U.S. Constitution and Kentucky law, it has to meet strict requirements. The taking has to serve a genuine public purpose, and the property owner must be paid fairly for what’s taken.
In Kentucky, these rules are outlined in the Eminent Domain Act of 1976 (KRS 416.540), which governs how condemnation cases are filed and what standards apply. This law also requires that any taking provide a direct public benefit, not an indirect or private gain.
For families and business owners, the process often begins with a letter or “notice of condemnation.” That notice is just the start of a longer negotiation. You have the right to question if the project truly qualifies as public use and whether the amount offered reflects the real market value of your property. You do not have to accept the government’s offer.
Our legal team reviews each situation carefully. We make sure that condemning authorities follow every legal step and that your property is valued fairly before any transfer takes place.
Who can take private property for public use in Kentucky?
Multiple entities have the authority to condemn land under Kentucky law. These include:
- State and local governments, such as the Kentucky Transportation Cabinet or city redevelopment agencies
- Utility companies, including electric, water, gas, and pipeline corporations authorized to construct or expand public infrastructure
- Railroads or energy companies involved in projects considered beneficial to the public
Each condemning authority must prove the project qualifies as a public use and must follow statutory procedures before taking possession of any property.
How we advocate for fair outcomes
When the government or a utility company decides your property is part of a project, the process can feel one-sided. Suddenly, deadlines appear, and the offer on the table might not begin to reflect what your land is really worth.
That’s where we step in.
At Grossman Green, we take the time to understand what your property means to you and how the taking will affect your home, farm, or business. We look closely at the details, like the appraisals and the proposed boundaries. If the offer is too low or the process feels rushed, we step in to level the playing field.
Our legal firm works with trusted appraisers and planners to build a clear picture of value, then we push for a resolution that honors both your property and your peace of mind. And when negotiations don’t produce a fair result, we’re fully prepared to bring your case before a jury and fight for a better outcome. Early action allows us to preserve your rights and position your case for success.
Can you stop an eminent domain taking in Kentucky?
Sometimes. If the government or a company can’t prove that the project actually serves the public or doesn’t follow the proper steps, a court may stop the condemnation altogether. Examples include:
- Projects primarily benefit a private developer rather than the public
- Improper classification of property as “blighted”
- Failure to follow notice or filing deadlines
Even if the project moves forward, many property owners are able to secure higher compensation by negotiating or taking the matter to court. The sooner you have an attorney involved, the better your chances for a fair outcome.
How “just compensation” is determined
“Just compensation” is the legal standard for payment in eminent domain cases. It’s intended to make the property owner financially whole, as if the taking had not occurred.
Figuring out that amount is rarely simple. The initial offer from the condemning authority is typically based on an appraisal that favors the government’s position. A private appraisal often reveals a much higher fair market value.
Compensation may include payment for the fair market value of the property taken or loss in value to the remaining land (known as severance damages). It may also include relocation costs for homes or businesses and costs related to access or utility disruptions.
What happens if you reject the government’s offer?
If you don’t agree with the offer, you can try to negotiate or ask the court to review it. A Kentucky circuit court may appoint commissioners to decide what’s fair, and if either side disagrees, the case can move to a jury trial.
Having an experienced Kentucky eminent domain attorney at this stage helps balance the scales. Your lawyer can use expert testimony and financial evidence to make a strong case for higher compensation.
How legal fees work in Kentucky eminent domain cases
We handle most eminent domain cases on a contingent fee basis. That means you pay no attorney fees unless we recover additional compensation beyond the government’s initial offer.
Our goal is to protect your financial interests without adding stress during an already difficult time. We also provide free case evaluations so you can understand your rights before making any decision.
What clients say about working with Grossman Green
Our clients’ experiences reflect the same dedication we bring to every case. From the first call to the final resolution, Grossman Green, our client reviews showcase how we focus on clarity and results.
“I highly recommend Grossman Green PLLC. Mr. Grossman and the entire staff were very professional, yet at the same time gave me a feeling of comfort that I could completely trust them with everything involving my case. I was completely satisfied with the outcome and would highly recommend them. I appreciate them very much!”
— Tracy Armstrong
Frequently asked questions about eminent domain in Kentucky
1. Can the government really take my land?
Yes, but only for legitimate public purposes and with fair compensation. You can challenge the necessity of taking or the amount offered in court.
2. How long does the eminent domain process take?
It depends on the project’s scope and whether you challenge the task. Many cases resolve within several months through negotiation, while others may proceed to trial and appeal over a year or more.
3. What if a utility company wants to install pipelines or power lines?
Utility companies can acquire easements through eminent domain, but they still have to pay for the full value of the property rights taken and any damage caused to the rest of your land.
4. What’s the difference between a total taking and a partial taking in Kentucky eminent domain cases?
In a total taking, the government acquires all of your property, meaning you must relocate. In a partial taking, only part of your property is condemned, but the remaining land may lose some of its value or usefulness.
For example, if the Gene Snyder Freeway needs to expand, a portion of nearby private property might be condemned to make room for construction.
Local resources for Kentucky property owners
These local resources may be helpful if you’ve received a condemnation notice or have questions about your rights:
- Kentucky Transportation Cabinet – Right of Way Office: 200 Mero Street, Frankfort, KY 40622
- Kentucky Public Service Commission: 211 Sower Blvd, Frankfort, KY 40601
- Kentucky Court of Justice: Circuit Court information by county
- Louisville Metro Planning & Design Services: 444 S. Fifth Street, Louisville, KY 40202
Talk with a Kentucky eminent domain lawyer today
If your property is being targeted for condemnation, don’t face it alone. Grossman Green PLLC represents Kentucky landowners in eminent domain cases across the state. We fight for fair compensation and the protection of private property rights.
Call us at (502) 657-7100 or contact us online to schedule your free case evaluation with a Kentucky eminent domain lawyer today. We’ll review your case and stand by you every step of the way.
