{"data":{"id":"us-ky/krs-262.918","jurisdiction":"us-ky","citation":"KRS 262.918","heading":"Legal action by grantor for termination of easement.","body":"(1) (a) A grantor may terminate an easement, in whole or in part, only by filing an\naction in the Franklin Circuit Court, and demonstrating by clear and\nconvincing evidence that conditions on or surrounding the land subject to an\nagricultural conservation easement  have changed so much that agriculture is\nno longer viable and it has become impossible to fulfill any of the easement's\nconservation purposes. The grantor shall name the PACE Corporation as the\ndefendant in the action.\n(b) In the event that a finding is m ade by the court that a portion of the land\nsubject to the agricultural conservation easement is no longer suitable for\nagricultural purposes, the owner shall, at the owner's expense, provide a\nsurvey of the land area on which the agricultural conservation  easement is to\nbe terminated.\n(2) (a) No agricultural conservation easement or portion thereof which has been\npurchased with Commonwealth funds shall be terminated by the court except\nupon payment by the grantor to the PACE Corporation of its then fair va lue.\nThe value of the easement shall be established by one of the following two\nmethods, as determined by the court:\n1. The owner shall pay the PACE Corporation an amount equal in current\ndollars to the full cost of acquiring and monitoring the easement du ring\nits full duration, plus reasonable interest as determined by court; or\n2. The owner shall pay the PACE Corporation an amount equal to the\neasement's current market value as determined by independent appraisal,\nperformed at the owner's expense and sati sfactory to the\nCommonwealth.\n(b) The PACE Corporation shall place the proceeds from the termination of the\neasement in the agricultural enhancement fund and use the proceeds consistent\nwith the purposes of KRS 262.900 to 262.920.","path":["KRS Chapter 262"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=12822","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:12Z","sha256":"3df85b8e6a4fe4021270ae222a87274a07149e92936eafd60aae98e5ba95f0db","source_id":"us-ky","stale":false,"prev":"us-ky/krs-262.916","next":"us-ky/krs-262.920"},"notice":"GroundRules: Original legal text. Not legal advice."}