Eminent Domain
Private Property

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

Brief Details

Brian Morris
Dana Berliner
Senior Vice President and Litigation Director
Date Filed
Original Court
Kentucky Court of Appeals
Current Court
Kentucky Supreme Court

When states, like Kentucky, want to take private land for public use, they must only take what is “necessary” for that public use. But who gets to decide what is necessary? Unsurprisingly, condemnors, like Duke Energy, want the unchecked right to make that determination and take whatever property it wants.

The Institute for Justice files an amicus brief explaining that courts—not the condemnor—must determine, with real evidence, what is “necessary” for a public use project.