KRS 56.200

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.