Kentucky Revised Statutes
Ky. Rev. Stat. § 382.850 (2026)
Transfer of easement -- Effect on mining operations and on eminent
✓ current as of May 2026
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domain powers. (1) A conservation easement shall not be transferred by owners of property in which there are outstanding subsurface rights without the prior written consent of the owners of the subsurface rights. (2) A conservation easement shall not operate to limit, preclude, delete or require waivers for the conduct of coal mining operations, including the transportation of coal, upon any part or all of adjacent or surrounding properties; and shall not operate to impair or restrict any right or power of eminent domain created by statute, and all such rights and powers shall be exercisable as if the conservation easement did not exist. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 251, sec. 6, effective July 15, 1988.
Notes of Decisions
Cited in 5
cases (5 in the last 5 years), 2022–2024 · leading case: Commonwealth of Kentucky, Kentucky Heritage Land Conservation Fund Bd. v. East Kentucky Power Coop., Inc. (Ky. Ct. App. 2022).
Commonwealth of Kentucky, Kentucky Heritage Land Conservation Fund Bd. v. East Kentucky Power Coop., Inc. (Ky. Ct. App. 2022). “502 and that a conservation easement is generally subject to condemnation pursuant to KRS 382.850(2). Nevertheless, the Board seeks to avoid the import of KRS 382.”
Isaac W. Bernheim Found. v. Louisville Gas & Elec. Co. (Ky. Ct. App. 2024). “Specifically, Bernheim argues: (1) LG&E cannot condemn property that has been put to a prior public use; (2) LG&E’s power to condemn is limited to private property; (3) the previous Court of Appeals’ decision did not determine the issues on appeal; and (4) KRS 382.850(2) 4…”
Isaac W. Bernheim Found. v. Louisville Gas & Elec. Co. (Ky. Ct. App. 2024). “-3- Appeals’ decision did not determine the issues on appeal; and (4) KRS 382.850(2) does not make a government conservation easement pursuant to KRS Chapter 146 a legal fiction.”
Iola Capital v. Pub. Serv. Comm'n of Kentucky (Ky. Ct. App. 2022). “We are mindful of the fact that Bernheim has noted that the introduction of a pipeline into the Cedar Grove Wildlife Corridor potentially runs afoul of the requirements of a conservation easement held by the Commonwealth4 4 This issue is not properly before us, but we note that…”
Marilyn Rummage Muerdter v. Louisville Gas & Elec. Co. (Ky. Ct. App. 2023). “This Court held: -7- the plain language of KRS 382.850(2) authorizes a statutory right of eminent domain to prevail over a conservation easement because a conservation easement is assumed not to exist upon the exercise of a statutory right of eminent domain.”
— Ky. Rev. Stat. § 382.850(2) — 5 cases
Commonwealth of Kentucky, Kentucky Heritage Land Conservation Fund Bd. v. East Kentucky Power Coop., Inc. (Ky. Ct. App. 2022). “502 and that a conservation easement is generally subject to condemnation pursuant to KRS 382.850(2). Nevertheless, the Board seeks to avoid the import of KRS 382.”
Isaac W. Bernheim Found. v. Louisville Gas & Elec. Co. (Ky. Ct. App. 2024). “Specifically, Bernheim argues: (1) LG&E cannot condemn property that has been put to a prior public use; (2) LG&E’s power to condemn is limited to private property; (3) the previous Court of Appeals’ decision did not determine the issues on appeal; and (4) KRS 382.850(2) 4…”
Isaac W. Bernheim Found. v. Louisville Gas & Elec. Co. (Ky. Ct. App. 2024). “-3- Appeals’ decision did not determine the issues on appeal; and (4) KRS 382.850(2) does not make a government conservation easement pursuant to KRS Chapter 146 a legal fiction.”
Iola Capital v. Pub. Serv. Comm'n of Kentucky (Ky. Ct. App. 2022). “We are mindful of the fact that Bernheim has noted that the introduction of a pipeline into the Cedar Grove Wildlife Corridor potentially runs afoul of the requirements of a conservation easement held by the Commonwealth4 4 This issue is not properly before us, but we note that…”
Marilyn Rummage Muerdter v. Louisville Gas & Elec. Co. (Ky. Ct. App. 2023). “This Court held: -7- the plain language of KRS 382.850(2) authorizes a statutory right of eminent domain to prevail over a conservation easement because a conservation easement is assumed not to exist upon the exercise of a statutory right of eminent domain.”
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