(1) Only vacant lands may be appropriated under KRS 56.200 to 56.240. Land that has 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 before, is not vacant land.
(2) Every entry, survey, or patent is void insofar as it embraces land previously entered, surveyed, or patented, unless the previous entry, survey, or patent itself is void; in which case the first subsequent lawful entry, survey, or patent, whether issued before, on, or after June 13, 1944, shall be valid and be accorded the same force and effect it would have been entitled to have been accorded, had the void entry, survey, or patent never been issued.