Eminent Domain
Private Property

Florence Owner 1, LLC, et. al. v. Duke Energy Kentucky, Inc.

Brief Details

Date Filed
Original Court
Boone County Circuit Court
Current Court
Commonwealth of Kentucky Supreme Court

Through this amicus brief, IJ is seeking to build upon victories in Norwood v. Ohio and Ohio Power v. Burns.

IJ is calling on the Kentucky Supreme Court to hear a case that could have massive implications for the property rights of all Kentuckians. At stake in the case is whether a private utility company must prove it actually needs a parcel of land before it can use eminent domain to take that land. 

Duke Energy wants to construct electrical towers in Boone County. In order to do so, the company will need to take some land from private property owners. The owners don’t dispute that this taking would be for a public use and they don’t dispute that some of their land will need to be taken in order to build these towers. However, they do dispute what conditions are necessary for this project to be completed. For instance, Duke Energy demands unlimited access to adjoining land, the right to destroy vegetation, and the removal of the owners’ only business sign. But the owners say these conditions, and others, are unnecessary. Unfortunately, under current Kentucky law, condemnors like Duke Energy do not need to prove that what they’re proposing to take is actually needed for the project. The decision of how much land and under what conditions to take is ultimately “left to the condemnor’s discretion.”