Title XV, Roads, Waterways, and Aviation

(1) As used in this chapter, unless the context otherwise requires: (a) "Construction" includes reconstruction and improvement; (b) "County roads" are public roads which have been formally accepted by the fiscal court of the county as a part of the county road system, or private …

system. Every county road, bridge, and landing, and every city street and alley heretofore lawfully established and opened and not lawfully discontinued or vacated shall continue as such, until properly discontinued. Every road, street, and alley, used and occupied as a public ro…

road right-of-way. (1) Any road, street, highway, or parcel of ground, dedicated and laid-off as a public way and used without restrictions on a continuous basis by the general public for fifteen (15) consecutive years, shall conclusively be presumed to be a public road. (2) In t…

The roads, bridges and landings transferred by the state to the counties in which they are located shall be county roads, bridges and landings. Provided, however, that roads, bridges and landings so transferred shall not become a part of a county through road system in a county c…

right-of-way -- Acquisition of right-of-way. (1) In order to change the width of a county road, the fiscal court, an urban-county government, or a consolidated local government shall make a special order for a different width. The order shall be recorded in the office of the coun…

and of letting of contracts. (1) No county road shall be established or discontinued, or the location thereof changed unless due notice thereof has been given according to the provisions of this chapter. (2) Notices and advertisements for the establishment, alteration or disconti…

(1) The county road engineer may change the location of any county road in his county with the written consent of the owner of the land on which a change is to be made, setting forth the exact changes proposed. The proposed change and the owner's consent shall be entered in the f…

The fiscal court may direct any county road to be discontinued. Notice must be published, according to the provisions of KRS 178.050, and in addition, notices must be placed at three (3) prominent and visible public places within one (1) mile of the road. After posting the notice…

petition. (1) When any person desires the establishment or alteration of a public road, bridge or landing, he shall petition the fiscal court setting forth in his petition specifically the nature and location of the proposed work. The court shall thereupon appoint two (2) viewers…

Where the petition is for the establishment or alteration of a public road leading from the main public road, the court may refuse to undertake the proposed work or abandon it after having undertaken it, unless the petitioner, or someone for him, deposits with the fiscal court a …

From a decision of the fiscal court ordering a new road to be opened, or ordering an alteration or discontinuance of an existing road, or allowing gates to be erected across a road or abolishing existing gates, or a decision refusing any such order, the party aggrieved may bring …

(1) If the court decides to establish or alter a county road, bridge or landing, and the compensation to be paid for the right-of-way cannot be fixed by agreement, the right-of-way shall be condemned under the procedure set forth in the Eminent Domain Act of Kentucky. (2) In case…

Appeal. (1) Whenever the fiscal court of any county deems it to be in the best interest of the county to open, establish or alter the location of any public road, street, alley, ditch, culvert, bridge or similar public way or structure in the county, the fiscal court shall adopt …

(1) Any county road, or road formerly maintained by the county or state, shall be deemed discontinued and possession shall revert to the owner or owners of the tract of land to which it originally belonged unless at least one (1) of the following conditions exists: (a) A public n…

permitted -- Procedure. (1) Any person or corporation, public or private, or any group of such persons or corporations or both, residing in or owning property adjacent to any publicly dedicated road in unincorporated territory in any county and desiring to make any improvements t…

Whenever the fiscal court of any county deems it to be in the best interest of the county to open, establish, construct, alter or repair any public road, street, alley, ditch or bridge of the county and the fiscal court is unable to contract with the owner of the land, required f…

(1) Whenever the fiscal court of any county deems it to be in the best interest of the county to acquire additional land adjacent to an existing county road to provide for future widening and improvement of said road, and the fiscal court is unable to contract with the owners of …

(1) All bids for the construction or maintenance of county roads and bridges shall be received at the time and place specified in the advertisement, and shall be opened publicly at the time of awarding, and the amount of items comprising each bid shall be publicly announced. (2) …

(1) When it is necessary to build or repair a bridge and the building and repair will cost more than five hundred dollars ($500), the county road engineer shall notify the Department of Highways that such work is to be done. The Department of Highways shall then furnish to the co…

(1) The fiscal court, after an election as provided in subsection (2), may issue and sell bonds for the purpose of constructing or reconstructing public roads and bridges. The bonds shall bear interest at a rate or rates or method of determining rates as the fiscal court determin…

(1) The fiscal court of any county may select or appoint four (4) or more commissioners who are freeholders and legal voters and residents of the county, to act as a road commission in the handling of any funds derived from the sale of bonds authorized and voted by the county for…

(1) The duties of the commissioners in regard to the construction, reconstruction and designation of roads to be built with the proceeds of the bond issue, shall be the same as those now exercised by the fiscal court. (2) If the county receives financial aid from the state, the c…

(1) If bonds are sold to enable the fiscal court to construct roads and bridges, the fiscal court shall levy a tax of not over twenty cents ($0.20) on the one hundred dollars ($100) of the assessed valuation of the county. The tax shall be collected as other county taxes and allo…

bonds. (1) The fiscal court of any county may submit to the voters at a special election to be held for that purpose, the question of voting a tax of any sum not exceeding twenty cents ($0.20) on the hundred dollars ($100) on all property subject by law to local taxation, for the…

(1) The question submitted to the voters shall be: "Are you in favor of a property tax of .... cents on each one hundred dollars' ($100) worth of property in the county, to be levied each year for .... years, for the purpose of improving or constructing, either or both, the roads…

The sheriff shall collect the taxes at the same time and in the same manner that he collects other taxes and shall pay the proceeds over as the fiscal court directs. For the collection of the tax levied under KRS 178.210 to 178.240, the sheriff shall be entitled to a commission o…

(1) The fiscal court shall direct the sheriff to advertise the time and purpose of the election and the amount of tax to be levied each year. The advertisement shall be published pursuant to KRS Chapter 424. (2) The election shall be held under the general election laws.

(1) When it is necessary to build or repair any bridge across any stream on the line between two (2) counties, or to construct or repair any road between two (2) counties, or along the boundary line thereof, the fiscal courts of the counties may enter into such agreement therefor…

If the fiscal courts decide to make the improvements, the county road engineer of each county shall request the Department of Highways to furnish plans, specifications and estimates of cost, in accordance with KRS 178.150, and shall advertise for bids, as provided in KRS 178.050,…

(1) The contract for the work shall specify the portion of the costs to be paid by each fiscal court, and each county shall be severally liable for its proportion. The cost of the work shall be borne in proportion to the total assessed value of each county. (2) After the completi…

areas. (1) Any person may build a sidewalk composed of gravel, concrete, or other suitable material along the side of any public road in this state. The sidewalk shall not exceed sixty (60) inches in width and the construction and repair and the use of the sidewalk shall be witho…

(1) Where a county road passes over a dam, the owner or occupier of the dam shall keep such dam in good order and at least fourteen (14) feet wide at the top. He shall also keep in good order a bridge of like width over the pierhead, floodgates or any waste cut through or around …

conditions. (1) The fiscal court of a county in which any county road or portion thereof is taken for railroad purposes may, upon petition of any party interested, served upon the railroad company as any other civil process, appoint a committee of three (3) to inquire whether the…

county clerk's office. (1) The county road engineer shall turn over to the county clerk all documents of title to all rights-of-way, whether acquired by gift or condemnation, and all documents relating to discontinuations of public roads, including maps, plats and surveys. (2) Th…

consolidated local government -- Establishment -- Effect. (1) It is hereby declared that in counties containing a city of the first class or a consolidated local government a system of county through roads over which traffic can be routed or which can serve as major connecting li…

first class or consolidated local government -- New roads -- Relocation. (1) The fiscal court of a county containing a city of the first class or a consolidated local government may, at any time, add other roads, or portions of roads, to the county through road system adopted in …

(1) After an engineering and traffic investigation and the receipt of recommendations by the county road engineer, a county through road or a portion thereof established or maintained as provided in KRS 178.330 may be detached from the county through road system. The fiscal court…

of first class or consolidated local government. The provisions of KRS 178.350 to 178.385 shall apply only in counties containing a city of the first class or a consolidated local government.

overhead or underpass structure crossing county road. (1) Whenever the fiscal court considers it reasonably necessary for the public safety, it may in the manner hereinafter provided, order any railroad company, either steam or electric, owning or operating a railroad in its coun…

(1) After June 19, 1952, if the fiscal court proposes to construct a new county road across an existing railroad, or a railroad company proposes to construct a new railroad across an existing county road, the party proposing such construction shall provide the other party with pl…

All contracts let by the railroad company under KRS 178.350 to 178.385 shall be submitted to and approved by the county road engineer.

After the construction of any grade separation under KRS 178.350 to 178.385, the county shall maintain the roadway paving and sidewalks. If the road crosses the railroad by an overhead bridge or elevated structure, the county shall maintain the bridge or structure and its approac…

(1) Any railroad company dissatisfied with a final order of the fiscal court directing the elimination of any existing grade crossing or change of existing overhead or underpass structure under KRS 178.355, or a final order in respect of a new crossing under KRS 178.360, may, wit…

Either the county or the railroad company dissatisfied with the final judgment of the Circuit Court may appeal to the Court of Appeals in accordance with the Rules of Civil Procedure.

If any railroad company fails to comply with any order of the fiscal court issued under authority of KRS 178.350 to 178.385 or with a final judgment of the Circuit Court or Court of Appeals, the county through its fiscal court may cause to be instituted in the Circuit Court of th…

As used in KRS 178.405 to 178.425, "general public" means any person in addition to an owner, agent, or tenant of property that abuts any road, street, or highway.

When any private road, street, or highway in an unincorporated area in any county has been used by the general public openly, continuously, and notoriously for a period of at least fifteen (15) years, it shall be implied that such road, street, or highway may be dedicated to publ…

Upon application by any person or corporation, public or private, the fiscal court shall determine whether the conditions of KRS 178.405 have been satisfied. If the court's determination is in the affirmative, it shall notify the county works department and other appropriate agen…

When the fiscal court has made a determination in accordance with the provisions of KRS 178.410 that the road, street, or highway has been dedicated to public use, the county shall have a fee simple title to the part of the road, street, or highway which the plat, filed in the of…

The county works department shall maintain a road, street, or highway which it has acquired pursuant to the provisions of KRS 178.405 to 178.425 in the same manner as it maintains any other county road.