Kentucky Revised Statutes

Ky. Rev. Stat. § 56.200 (2026)

Actual settler -- Preemption right

✓ current as of May 2026

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An actual settler on any vacant and unappropriated land has a preemption right to any number of acres, not exceeding one hundred (100), to be laid-off as nearly as possible in a square, his improvements in the center. Before any other person shall locate the same land, three (3) months' notice of intention to do so must be given to the actual settler, describing the land intended to be taken up or appropriated. If the actual settler does not, within three (3) months from the giving of such notice, have the land entered and surveyed preparatory to obtaining a patent for it, the person giving the notice may enter and survey the land and proceed to obtain the patent. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4703.

Notes of Decisions

Cited in 2 cases, 1956–1959 · leading case: Ford Motor Co. v. Potter, 330 S.W.2d 934 (Ky. Ct. App. 1959).

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Ford Motor Co. v. Potter, 330 S.W.2d 934 (Ky. Ct. App. 1959). · cites it 2× “This latter section, which has seldom been invoked during the course of the massive land litigation of this state, reads: “An actual settler on any vacant and unappropriated land has a preemption right to any number of acres, not exceeding one hundred, to be laid off as nearly…”

Helton v. Day, 291 S.W.2d 535 (Ky. Ct. App. 1956). “The statute as thus amended reads: “(1) Only vacant lands may be appropriated under KRS 56.200 to 56.240. Land that has been escheated to the- ! state, or has been forfeited for failure-to list'it for taxation, or for nonpayment of taxes, or has been legally and validly patented…”

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