For more than five years, Boone County has been eyeing a massive central sewer project to improve its wastewater system. The first three phases of the project are underway, but the final one — approximately 3.2 miles of new sewer line known as B.2 — has been mired in controversy.
“I know they had multiple routes to choose from, and they chose the one that goes through — it requires them to go through 18 properties,” Boone County resident Jennifer Watts told Sanitation District 1 (SD1) board members in September.
One of these properties is Gayle Pille’s, which she has spent 35 years developing into a thriving conservancy — by planting native shrubs and trees, cleaning up creek crossings and building bird houses. And to get access to her land, SD1 is exercising its right of eminent domain: where a government agency can purchase private property without approval from the owner for a greater public service. The district sued Pille in 2024 when she failed to respond to a letter notifying her of the purchase of her land under eminent domain. The Boone County Circuit Court sided with SD1 to acquire the land in 2025, but Pille has appealed that decision and the case is still pending.
Watts is one of Pille’s neighbors and has seen all the effort she has put into her property throughout the years. She started a social media campaign to protest against B.2 as the final route for Phase 4.
But for Watts, SD1’s ability to take Pille’s land has raised a question of larger property rights. Part of the campaign against B.2 raises the same concern.
“We say her land today, but who's tomorrow?” Watts said.
What is eminent domain?
The state of Kentucky has guidelines for exercising eminent domain, but it typically is applied to roadways and the state transportation cabinet.
“Anytime you see a new roadway built, or a roadway that says it used to be two lanes and now it's four lanes or six lanes,” said attorney Jon Woodall. “That typically requires the acquisition of additional right of way from private landowners.”
Oftentimes, when a case of eminent domain ends up in court, it’s typically because the parties disagree about what is fair compensation for the private property owner. It’s not as common to question whether the government entity has a right to exercise eminent domain in the first place. That’s because they just have to prove a greater public good, Woodall said.
“Sometimes the government trips on itself, and things don't happen exactly the way that they should, and that's where our court system comes in,” Woodall said. “But if the government didn't have [eminent domain] power, we wouldn't be where we are as a country.”
While the Boone County Circuit Court has already determined that SD1 does have both the authority and cause to acquire Pille’s land, construction hasn’t begun yet. But Woodall said it could, because there is nothing legally stopping them.
“You're just dealing with compensation, that's it,” Woodall said. “And the project can go forward while you're fighting about the dollars.”
SD1 initially offered Pille $22,100 for her 45 acres. However, a survey by SD1 found the trees Pille planted to be worth about $1.5 million.
When it comes to how eminent domain affects property rights as a whole, Woodall said many acquisitions go through with nobody but the property owner being affected.
“It can be an intimidating process until you figure out ‘wait a minute, I've got rights here,’” Woodall said. “There's some things that I can do to protect myself, and at the end of the day, you know, I may not like this project, but I am going to be compensated for it.”
Recent changes to eminent domain in Kentucky
Recently, the Kentucky Legislature passed House Bill 542 which places further restrictions on how and when eminent domain can be exercised. This is to protect citizens from unfair practices and compensation, which is especially prevalent in the eastern part of the state, according to Woodall.
“This particular law was focused upon the eminent domain process, really more as it relates to taking of property that has a conservation easement on it, or that it's in an agricultural district,” Woodall said.
In those cases, the government entity would have to prove taking the property is the only route available.
Pille’s land did not have a conservation easement on it — yet. She hoped to one day bequeath it to the Boone County Conservancy.
While she waits for her update on her appeal on the Boone County Circuit court’s decision, residents continue to attend fiscal court and SD1 meetings to demand other options for the project.
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