Title XV, Roads, Waterways, and Aviation

proceedings -- Petition. The Commonwealth of Kentucky, Department of Highways, when seeking to condemn lands and material and the use and occupancy of lands, under the provisions of KRS 177.081, shall direct the county attorney or any attorney authorized to represent the Commonwe…

Condemnation. (1) The Department of Highways is hereby authorized to acquire and improve strips of land necessary for the restoration, preservation, and enhancement of scenic beauty within and adjacent to federal-aid highways of this state, including acquisition and development o…

(1) The General Assembly finds that: (a) The I-69 Ohio River Crossing Project, since its inception, was designed to be financed by tolling revenues; (b) In 2016, the Governors of Kentucky and Indiana signed a memorandum of understanding directing both states to restart the I-69 O…

-- Civil fines imposed and collected -- Permissible use of fines. (1) As used in this section, "encroachment" means any improvement to land including but not limited to buildings, fences, ditches, embankments, driveways, or signs, or any change from the original contour of land, …

The Transportation and Tourism Interagency Committee is established to foster close collaboration between the Tourism, Arts and Heritage Cabinet and the Transportation Cabinet on policies that affect the tourism industry and to place strong emphasis on the coordination of mutual …

Compensation -- Officers -- Meetings -- Proxy voting. (1) The Transportation and Tourism Interagency Committee shall be composed of thirteen (13) members or their official appointed designees, as follows: (a) Six (6) members appointed by the secretary of the Tourism, Arts and Her…

The Transportation and Tourism Interagency Committee shall have but not be limited to the following duties and responsibilities: (1) Review Kentucky's signage laws, administrative regulations, and policies implementing the federal "Manual on Uniform Traffic Control Devices" and s…

(1) The provisions of KRS 177.120 to 177.210 shall not apply to any railroad lines or tracks constructed across primary roads after March 23, 1926. (2) Where railroad lines or tracks constructed after March 23, 1926 cross any primary road, the department shall determine the chara…

Standards to be set by administrative regulations -- Closure of grade crossings. (1) Whenever the department considers it necessary for the public safety, it may order any railroad company owning or operating a railroad in this state, to eliminate any grade crossing or change any…

If the department finds that a crossing proposed for vacation should be replaced with another grade crossing or a grade separation, it shall give at least ten (10) days' notice by certified mail, return receipt requested, to the railroad company and to the chief executive officer…

Within ninety (90) days after the entry of an order directing a grade separation or change, and the preparation of plans, specifications, and estimates of cost by the railroad company, the railroad company shall present to the department plans, specifications, and estimates of co…

(1) After receipt of the plans, specifications, and estimates of cost from the railroad company, the department shall give at least ten (10) days' notice by certified mail, return receipt requested, to the railroad company of a time and place for a conference with respect to the …

(1) The department may by supplemental orders reject or order the rejection of all bids submitted for the work, or any part thereof, and require a readvertisement for bids. The department may reject all bids and elect to do the work itself, or partly by itself and by the railroad…

(1) The cost of preparing the plans, specifications and estimates of cost and of advertising for bids shall be paid wholly by the railroad company. The state shall pay one-half (1/2) of the cost of the work within the right-of-way lines of the railroad company, extended across th…

All contracts let by the railroad company under KRS 177.120 to 177.210 shall have the approval of the state highway engineer, in writing, indorsed on the contract.

(1) Any railroad company dissatisfied with a final order of the department directing the elimination of any grade crossing or change of existing overhead or underpass structure, or any order modifying or amending the final order may appeal by filing a petition in the clerk's offi…

Either the department or the railroad company affected by 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 department issued under authority of KRS 177.120 to 177.210, the department may cause to be instituted in the Franklin Circuit Court, in the name of the state, an action to compel compliance with the order by mandatory…

For the purpose of KRS 177.220 to 177.310, a limited access facility is defined as a highway or street especially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a limited right or ea…

The highway authorities of the state, counties, cities, and towns, acting alone or in cooperation, with each other or with any federal, state, or local agency or any other state having authority to participate in the construction and maintenance of highways, are hereby authorized…

The highway authorities of the state, county, city, and town are authorized to so design any limited access facility and to so regulate, restrict, or prohibit access as to best serve the traffic for which such facility is intended, and its determination of such design shall be fi…

Administrative regulations. (1) For the purposes of KRS 177.220 to 177.310, the highway authorities of the state, county, or city may acquire private or public property and property rights for limited access facilities and service roads, including rights of access, air, view, and…

Court proceedings necessary to acquire property or property rights for purposes of KRS 177.220 to 177.310 shall take precedence over all other causes not involving the public interest in all courts, to the end that the provision of limited access facilities may be expedited.

connections. The highway authority of the state, county, city, and town may designate and establish limited access highways as new and additional facilities or may designate and establish an existing street or highway as included within a limited access facility. The state or any…

The highway authorities of the state, city, county, and town are authorized to enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation, or vacation of limited access facili…

In connection with the development of any limited access facility, the state, county, city, and town highway authorities are authorized to plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets or to designate as local serv…

It is unlawful for any person (1) to drive a vehicle over, upon, or across any curb, central dividing section or other separation or dividing line on limited access facilities; (2) to make a left turn or a semicircular or U-turn except through an opening provided for that purpose…

All trucks hauling coal on a fully controlled limited access highway shall be covered by a tarp or equivalent cover to prevent spillage.

The legislature hereby finds, determines, and declares that KRS 177.220 to 177.310 is necessary for the immediate preservation of the public peace, health, and safety, and for the promotion of the general welfare.

limited rights or easement of access. (1) As used in this section, "partial control of access" means the limited right or easement of access granted by the Transportation Cabinet under subsection (2) of this section. (2) The Transportation Cabinet shall establish minimum spacing …

counties. (1) The Transportation Cabinet shall allow partial control of access on the Hal Rogers Parkway, between the junction with Kentucky Route 192 and the junction with Kentucky Route 80, and establish minimum spacing requirements and the manner in which the access is to be p…

rural roads, county roads and bridges and the Kentucky Transportation Center -- Allocation of funds. (1) Twenty-two and two-tenths percent (22.2%) of all funds arising from the imposition of taxes provided by KRS 138.220(1) and (2), 138.660(1) and (2) and 234.320 shall be set asi…

for selection of roads to be improved -- Recommendations -- Road through city with population of less than 3,000. (1) At least once in each calendar year, the Department of Rural and Municipal Aid, through a duly authorized representative, shall consult with the fiscal courts of …

-- Roads become part of state highway system. If, within thirty (30) days after consulting with a fiscal court, the Department of Rural and Municipal Aid and the fiscal court fail to agree on the selection of any rural and secondary roads for construction, reconstruction, or main…

secondary and rural roads -- Studies -- Surveys -- Maps -- Personnel -- Equipment. The Department of Rural and Municipal Aid may promulgate administrative regulations pursuant to KRS Chapter 13A to establish standards for the construction, reconstruction, maintenance, and improve…

made on basis of revenue estimates -- Uniform financial information report required -- Procedures to identify project needs in unincorporated areas of consolidated local governments. (1) Except as provided in subsection (5) of this section, the Department of Rural and Municipal A…

Definitions. (1) On and after July 1, 1980, seven and seven-tenths percent (7.7%) of all amounts received from the imposition of the taxes provided for in KRS 138.220(1) and (2), 138.660(1) and (2) and 234.320 shall be set aside by the Finance and Administration Cabinet for the c…

of revenue estimates -- Uniform financial information report. (1) Except as provided in subsection (8) of this section, on and after July 1, 1980, the Finance and Administration Cabinet shall allocate to each incorporated city and "unincorporated urban place" its pro rata share o…

and counties. (1) On and after the fiscal year beginning July 1, 1980 and each fiscal year thereafter, the Finance and Administration Cabinet shall pay to each incorporated city and county containing an unincorporated urban place its pro rata share of any funds appropriated and a…

(1) There is created a Kentucky Transportation Center Advisory Board, hereinafter in KRS 177.375 to 177.380 called the transportation center board or the board, to assist in policy formulation for and to provide direction to the Kentucky Transportation Center which is located at …

The Kentucky Transportation Center Board shall: (1) Recommend policies and procedures as necessary to carry out the provisions of KRS 177.375 to 177.380; (2) Review and recommend research, and technical assistance programs undertaken and financed under the provisions of KRS 177.3…

The president of the University of Kentucky shall appoint a director from a list of three (3) names submitted by the transportation center board. Other employees of the center shall be appointed in the same manner as other staff members of the university. All employees of the Ken…

(1) Any state moneys appropriated to the University of Kentucky under KRS 177.375 to 177.380 shall be used for the operation and management of the transportation center's technical assistance and research programs and for no other purpose. (2) Funds unexpended at the close of the…

(1) The director shall submit the transportation center budget in the manner and form set forth for other units of the university, after approval by the transportation center board. (2) Copies of the approved budget shall be filed with the transportation center board and the Legi…

(1) Funds appropriated by KRS 177.375 to 177.380 and any other act for transportation center programs shall not be diverted for any other use. (2) The University of Kentucky and the transportation center shall maintain such records as necessary to account for all receipts and exp…

As used in KRS 177.390 to 177.570, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent: (1) The word "department" shall mean the Department of Highways, or, if said department shall be abolished…

In order to provide for the construction of modern express highways or superhighways embodying safety devices, including, when determined by the department to be feasible and necessary, center division, ample shoulder widths, long-sight distances, two (2) or more lanes in each di…

The department is hereby authorized and empowered: (1) To construct, reconstruct, maintain, repair, operate, regulate and police turnpike projects at such locations within the Commonwealth as may be determined by the department and approved by the Governor; (2) To acquire sites a…

for condemning railroad property. (1) The department is hereby authorized and empowered to acquire by purchase, whenever it shall deem such purchase expedient, solely from funds provided under the authority of KRS 177.390 to 177.570, such lands, structures, property, rights, righ…

of access -- Regulations as to public utility facilities on or along turnpike project. (1) The department shall have power to construct grade separations at intersections of any turnpike project with public highways and to change and adjust the lines and grades of such highways s…