Title XXXII, Ownership and Conveyance of Property

Owners of particular estates of freehold in possession or in estates for years, in unimproved or unproductive lots in cities in which other persons are the owners of the reversion or remainder, may, within ninety (90) days after the interest or estate in such lots ceases, remove …

If any person, believing himself to be the owner by reason of a claim in law or equity founded on a public record, peacefully occupies and improves any land, and the land, upon judicial investigation, is held to belong to another, the value of the improvements shall be paid by th…

At the request of either party, the court in which the judgment or decree of eviction is rendered shall impanel a jury of twelve (12) discreet and impartial freeholders, not kin to either party, to meet upon the premises recovered, on a day named in the summons.

The clerk of the court shall administer to the jurors, after they have been selected, the following oath: "Each of you do solemnly swear, that you will impartially, and to the best of your skill and judgment, discharge the duties required of you in the present case, by the provis…

The court shall swear the witnesses, preside over the inquest and trial, decide all matters of law, preserve order, and may adjourn from day to day until the jury has completed the inquest. In case the jury first summoned fails to attend, or, after being sworn, fails to agree and…

After the jury has been sworn, it shall, from an examination of the premises, and upon such legal evidence as either party may produce, assess: (1) The damages, if any, which may have been done the land by cultivation and unnecessary waste of timber after the suit was instituted;…

The court to whom the inquest is returned may, upon the motion of either party, for good cause, quash the inquest, and award a new writ as often as it is deemed necessary to the ends of justice.

The clerk issuing the writ, or the justice summoned to preside, shall issue summons for the witnesses, whose attendance shall be coerced by the justice as in other cases.

The clerk shall make out two (2) copies of the inquest, and deliver one (1) to each party on request. The party demanding the inquest shall pay to the sheriff, for his services, four dollars ($4), which shall be taxed in the bill of costs against the adverse party, if the court g…

The inquest, when returned, shall be docketed as other causes. The court shall, after deducting the lesser from the greater assessments, give judgment for the remainder in favor of the occupant or successful claimant. The rent, from the day of the inquest until the time fixed for…

The occupant shall have a lien upon the land recovered from him to satisfy the judgment, and may enforce it by suit in equity, order of court, or other procedure.

Satisfaction of a judgment in favor of an occupant for improvement must be sought by the enforcement of the lien given in KRS 381.550, and if, in the enforcement thereof, all the land recovered by the successful claimant is taken, the judgment shall be deemed to be satisfied.

The occupant shall be entitled to the crop growing on the land at the time of judgment of eviction and order for possession. If any part of the land, at the time of eviction, has no crop growing upon it, the court may order the possession of such part to be delivered at any time.

Whenever it is necessary for the owner of land to have access over, under or through the land of one or more other persons, for the purpose of operating a coal mine or other mine, and marketing the products therefrom, and access over the surface of the land of such other persons,…

passageway -- Basis of compensation -- Immediate possession. All of the provisions of the Eminent Domain Act of Kentucky shall be applicable for the purposes of KRS 381.635 and this section, except as follows: (1) The commissioners shall be required to find, in addition to their …

(1) Where two (2) or more persons in this state have acquired real estate, not exceeding twenty (20) feet in width, sufficient for a passway to benefit their lands along side of, or near the proposed passway, the owners of such passways who are benefited thereby shall pay all the…

The collection of indebtedness for liability imposed by KRS 381.640 may be enforced by a proceeding in a court of equity; and the lands benefited by those who own such passways will be subjected to a lien for the due portion of such expense that may be necessarily incurred. Enoug…

When the owner or lessee of a salt, or other well or spring, or stream or body of water, desires to convey the water therefrom to a point more convenient by means of pipes underground, he may, if necessary, condemn the use of so much land of another as is needed for the purpose. …

No such route shall pass through the yard or garden, or between the dwelling and spring or other buildings of any owner or occupant of land, without the consent, in writing, of the owner and occupant.

By virtue of the judgment of the court, the party to whom the privilege has been granted shall have the right to ingress and egress upon the premises to erect and repair the pipes necessary to conduct the water.

Whenever any burial grounds lie within the corporate limits of a city the governing authorities of the city shall protect the burial grounds from being used for dumping grounds, building sites, playgrounds, places of entertainment and amusement, public parks, athletic fields or p…

(1) Every cemetery in Kentucky except private family cemeteries shall be maintained by its legal owner or owners, without respect to the individual owners of burial plots in the cemetery, in such a manner so as to keep the burial grounds or cemetery free of growth of weeds, free …

The fact that any tract of land has been set apart for burial purposes and that a part or all of the grounds has been used for burial purposes shall be evidence that such grounds were set aside and used for burial purposes. The fact that graves are not visible on any part of the …

(1) As used in this section, "cemetery lot" is a lot containing one (1) or more grave spaces and located within a cemetery registered pursuant to KRS 367.946 in a county containing an urban-county government or in a city. (2) An officer of the cemetery may cause to be filed, on b…

Whenever in the opinion of the legislative body of a city a cemetery located within the boundaries of such city has been abandoned and the land comprising the said cemetery is needed for a public purpose, an ordinance may be enacted declaring such cemetery, as described by metes …

Upon the filing of the complaint the city or other governmental agency created by the city shall give notice thereof by publication pursuant to KRS Chapter 424.

Within thirty (30) days after the last advertisement, any party having a claim to the cemetery or any lot therein or to the mortal remains of a person interred therein, may file his claim in the said proceeding for damages as compensation for the value of his interest in the ceme…

If no claim is made within thirty (30) days after the last advertisement, or if claims have been made and compensation duly paid either to the claimants or into court, the court shall declare the cemetery to be abandoned and enter judgment accordingly, vesting fee simple title in…

Procedure -- Expenses. (1) Upon application of the owner of property upon which is located an abandoned grave or cemetery or whenever the fiscal court of any county deems it to be in the best interest of the county to remove and relocate any such grave or cemetery the court may i…

The cost of the proceeding shall be borne by the complainant, and the burden of proof shall be upon the claimant to establish his interest and to establish that it has not been abandoned.

political subdivision or electric power company; Removal by licensed funeral director. If disinterment, removal, and reinterment of graves is effected by the Commonwealth of Kentucky or any of its agencies, public institutions, or political subdivisions, the United States of Amer…

The provisions of KRS 381.765 shall not affect grave removals for which contracts have been entered into prior to June 17, 1978.

dilapidated building. (1) As used in this section: (a) "Dilapidated building" means a structure, including but not limited to manufactured or mobile homes as defined in KRS 227.550, which has become unfit and unsafe for human habitation, occupancy, or use or which is dangerous or…

or city of the home rule class -- Lien on property for cost of removal. (1) The maintenance of an outdoor toilet not connected to a septic tank or sewer system, hereinafter called an open toilet, within the boundaries of an urban-county government, a city of the first class, or a…

As used in KRS 381.785 to 381.801: (1) "Assessment" means the liability for an expense that is allocated to a lot in a planned community in accordance with governing documents; (2) "Association" means a nonprofit corporation or unincorporated organization that is composed of lot …

declaration. (1) Notwithstanding subsection (3) of this section, all planned communities in this Commonwealth are subject to the provisions of KRS 381.785 to 381.801. Unless specifically stated, nothing in KRS 381.785 to 381.801 shall invalidate any provision of a document that g…

directors -- Declaration or bylaws -- Removal of board member. (1) A declarant shall establish an association no later than the date upon which the first lot in the planned community is conveyed to a purchaser for fair market value. The association shall be organized as a nonprof…

(1) A declaration shall provide a declarant control period and specify the time and manner in which the declarant control period ends. (2) A declarant may surrender the right to appoint and remove officers and directors of the board and relinquish management and control of the as…

damage. Upon reasonable notice, an owner shall permit agents or employees of the association access to the owner's lot for the purpose of fulfilling the association's duties and obligations. Any damage to the common areas, lots, or residential dwellings due to the granted access …

(1) Unless otherwise provided in the declaration or bylaws, an association, through its board, shall: (a) Annually adopt and amend a budget for revenues and expenditures. The budget may include reserves to fund the future repair and replacement of capital goods in the normal cour…

Amendment of bylaws. (1) Unless otherwise specified in the declaration, the owners may amend the declaration by consent of eighty percent (80%) of the owners of all lots in the planned community either in writing or in a special meeting called for that purpose. Except for any dec…

Quorum. In an association's declaration or bylaws, an association shall include the following: (1) An annual meeting of the association shall be held at least once per year. A quorum for an association meeting is ten percent (10%) of the lot owners; (2) Special meetings of the as…

(1) Unless the bylaws specify a larger percentage, a quorum of a board is established if fifty-one percent (51%) of the directors are present at the beginning of the meeting. (2) Unless otherwise specified in the bylaws, board meetings shall be open to the owners except during ex…

(1) An association shall keep financial records sufficiently detailed to enable the association to prepare financial statements in accordance with generally accepted accounting principles. (2) No later than one hundred eighty (180) days after the end of the fiscal year, or annual…

(1) Except as provided in subsection (2) of this section, an owner may examine and copy the books, records, and minutes of the association pursuant to reasonable standards set forth in the declaration, bylaws, or other rules and regulations promulgated by the board, including sta…

In addition to the provisions of the declaration, bylaws, rules, or regulations of the association: (1) Common expenses shall include all costs incurred in the administration, governance, and maintenance of an association, including but not limited to insurance premiums and expen…