Title XV, Roads, Waterways, and Aviation

resources thereon. (1) Upon a finding by the fiscal court that there exists an unabated dust nuisance on a county road resulting from the transportation of natural resources by truck, said court may require the producers of the natural resources that are being hauled on said road…

As used in KRS 179.700 to 179.735 unless the context requires otherwise: (1) "Subdivision" means a group of residential structures or residential lots in an unincorporated part of the county which is served by roads constructed to provide ingress and egress for the residents. Sub…

(1) A subdivision road district may be created in accordance with the procedures of KRS 65.182 for the purpose of maintaining subdivision roads by the procedures set forth in this section. (2) In no event shall the subdivision road district be empowered to levy a special ad valor…

change. (1) The territorial limits of an established subdivision road district, as established pursuant to KRS 179.700 to 179.735 may be enlarged or diminished in the following way: The trustees of the district shall file a petition in the county clerk's office of the county in w…

members. (1) Upon creation of a subdivision road district as provided in KRS 179.700 to 179.735, the affairs of the district shall be conducted by the board of trustees consisting of seven (7) members, four (4) to be elected by the residents of the district as hereinafter set out…

(1) Upon the creation of a subdivision road district as provided in KRS 179.700 to 179.735, the trustees of such district are hereby authorized to levy a tax rate upon the property in said district, provided that said property is subject to county tax, and not exceeding ten cents…

(1) The secretary of the board of trustees shall keep a minute book, appropriately bound and marked, in which the minutes of each meeting of the board shall be kept, together with all resolutions, tax levies, and other important material the board may designate. A copy of all mat…

(1) The board may, in its discretion, employ or retain a regularly licensed attorney to advise it on all matters pertaining to its duties and may delegate such authority to said attorney not forbidden by law. (2) In addition to the attorney provided for in subsection (1) of this …

Members of the board of trustees of a subdivision road district shall be reimbursed for the necessary and reasonable expenses which they incur in the performance of their duties.

(1) Any county engineer who fails to comply with the provisions of subsection (3) of KRS 179.040 shall be fined five hundred dollars ($500). (2) Any person who fails to perform the duties imposed by KRS 179.220 and 179.230 shall be fined not less than twenty dollars ($20) nor mor…

As used in this chapter, unless the context otherwise requires: (1) "Advertising" means the giving of notice by publication pursuant to KRS Chapter 424; and (2) "Department" means Department of Highways.

The Department of Highways may build or cause to be built, and may acquire for the state, bridges and bridge approaches on the state primary road system across any stream in the state or across any boundary line stream between the state and an adjoining state. The department may …

(1) When the department cannot by agreement with the owner acquire any bridge or the real or personal property or rights needed for bridge or approach purposes, it may condemn such bridge, real or personal property or rights in the manner provided in the Eminent Domain Act of Ken…

No contract shall be made for the purchase or construction of any bridge or part of a bridge under KRS 180.020 to 180.250 unless: (1) A road, suitable for heavy travel during all seasons of the year, is in existence, connecting the approaches of the bridge, or the Kentucky approa…

Department officials not to be personally interested. (1) The department may, through its own engineers, design and build bridges either with its own employees or by contract, and pay for the construction thereof out of the funds derived from the sale of bonds. No bridge shall be…

(1) The department shall formulate a general plan for advertising, which plan shall be filed in the office of the department and be available to any person inquiring therefor. (2) All competitive bids received under the terms of this chapter shall be opened and read publicly by r…

The department may issue negotiable bonds in order to raise funds to: (1) Acquire rights of way or other real or personal property necessary for constructing a bridge or bridge approach; (2) Pay for the purchase or condemnation of a bridge or bridge approach; (3) Build or cause t…

(1) The bonds shall bear interest at a rate or rates or method of determining rates, payable at least annually, as fixed by the department, and shall mature not less than one (1) year from their issuance, at a date fixed by the department. The interest on the bonds shall be paid …

The department may collect tolls and fix toll rates for a period of time sufficient to pay off the principal and interest on bonds issued under KRS 180.070. When the bonds mature, payment shall be made to the holders out of revenue derived from bridges or as provided in subsectio…

At any toll bridge where the Department of Highways is authorized to set the rates of toll to be collected, the rates and round trip privileges for a truck licensed in this state as a farmer's truck under the provisions of KRS 186.050 shall be the same as are applicable to passen…

After any bonded indebtedness or lien incurred under the provisions of KRS 180.070 has been fully discharged, the department may charge only such toll as it deems necessary to pay the cost of some extraordinary casualty or calamity.

enlargement, repair or reconstruction -- Issuance of bonds and collection of tolls for projects. (1) Whenever the commissioner of highways shall deem it necessary to construct a new bridge, or to enlarge an existing bridge by the addition of new lanes of traffic, or, by reason of…

contribution from other state -- Tolls. Notwithstanding the provisions of any other section of this chapter, the Department of Highways may repair, enlarge, or reconstruct any interstate bridge not situated in a county already possessing two (2) such bridges owned by the departme…

(1) The bonds issued under KRS 180.070 and interest thereon shall be secured by a first lien on the gross tolls and other revenues of the bridges for which the bonds were issued. (2) No bonds issued under KRS 180.070 shall be an obligation of the state, and no lien of any kind sh…

The department shall unite into one (1) project for financing purposes all or as many bridges to be built or purchased as it deems practicable, so that the tolls and other revenue derived from all of the bridges thus united shall be continued until all of the bonds for the united…

bridge tolls or appropriations. (1) The cost of maintenance and operation of all bridges purchased, built, repaired, enlarged, or reconstructed, in whole or in part, from the bonds issued under KRS 180.070 shall be paid from appropriations made to the department; provided, howeve…

(1) All bonds issued under the provisions of KRS 180.070 shall be sold to the highest and best bidder after having been advertised. (2) In advertising for bids for the bonds it shall not be necessary to state the exact face amount of the bonds, if the conditions are stated upon w…

(1) No bonds issued under KRS 180.070 shall be delivered unless the conditions required by KRS 180.040 exist. (2) If any contract for the sale of the bonds provides that the amount of bonds purchased shall be computed upon the basis of a traffic survey or estimate based upon the …

Duration of contract. The department may impose such conditions as it deems best in any contract for the sale of the bonds, and may assent in the contract to reasonable conditions imposed upon the department in its issuance and delivery of the bonds. The conditions may include a …

The department may covenant in connection with any issue of bonds that as long as the bonds are outstanding it will not sell, mortgage or make any other disposition of the bridge property for which the bonds are issued and that it will maintain and continuously operate the bridge…

(1) The department may carry a reasonable amount of insurance to cover any accident or destruction to any bridge until it has been fully paid for and used only as a free bridge. (2) The department may carry a reasonable amount of casualty insurance on any bridge while under const…

The department may contract in advance of the issuance of the bonds that while bonds of the project are outstanding, it will keep the bridges in the project adequately insured for the protection of the state and the bondholders, in companies satisfactory to the bondholders, under…

Pending the preparation of bonds under KRS 180.070 and with the consent of the purchasers thereof, the department may issue temporary bonds of the same face amount, date, maturity, interest rate and other details as the bonds issued under KRS 180.070 except that no coupons need b…

The department may covenant in the contract for the sale of the bonds that at least twice a year after the bridges in the project are placed in operation, the department will cause audits of all bonds and accounts to be made by certified public accountants, showing the receipts a…

(1) Each issue of the bonds shall be further secured by a trust indenture made between the department and a trustee. (2) The trustee shall be a trust company or bank having the powers of a trust company, having its principal office in Kentucky, and at the time it begins to functi…

The department may issue new bonds in lieu of bonds mutilated, lost or destroyed under such terms and conditions as it determines.

The money collected under KRS 180.020 to 180.250 shall be paid into the State Treasury and constitute the highway bridge fund. No part thereof shall be withdrawn from the Treasury, except for the purposes of refunding to the state road fund the cost of preparing plans, specificat…

No bridge shall be built, purchased, or operated pursuant to KRS 180.020 to 180.240 nor shall any bridge tolls be charged or collected on such bridges except so far as the same may be consistent with any applicable Act of Congress or any legally authorized and applicable order of…

(1) The Department of Highways may purchase or condemn any ferry that is located within ten (10) miles of a toll bridge owned in whole or in part by the state, if the department considers it necessary or advisable in order to protect the bridge from ferry competition. (2) Any fer…

If the department is unable to contract with the owner of the competing ferry for the purchase of the ferry, the department may institute condemnation proceedings in the county where the ferry is located, for the purpose of acquiring the ferry. The condemnation proceedings shall …

As used in KRS 180.272 to 180.278, "interstate bridge" shall mean any bridge across a navigable stream one (1) terminus of which is located in the Commonwealth of Kentucky and the other terminus of which is located in a neighboring state other than the Commonwealth of Kentucky.

The provisions of KRS 180.272 to 180.278 shall apply to any bridge or bridges constructed by any agency, commission or administrative body of the Commonwealth of Kentucky acting alone or in conjunction with any agency, commission or administrative body of any other state, or the …

Prior to the opening for public use of any interstate bridge, the construction of which is authorized by any law of the Commonwealth of Kentucky, regardless of the state agency, commission or administrative body so authorized to make such construction, the state agency, commissio…

Should the Commonwealth of Kentucky, or any agency, commission or administrative body thereof, join with any other state or any agency, commission or administrative body thereof for the purpose of constructing any bridge or bridges as referred to in KRS 180.272 to 180.278, the pa…

Bridges and tunnels shall be considered as part of the state primary road system where it is necessary or desirable to construct bridges or tunnels as part of state primary roads. Except as otherwise provided in KRS 180.020 to 180.240 as to toll bridges, all general laws relating…

governmental agencies. The department may, out of state highway funds, construct and maintain, either by itself or with any adjoining state, or any county or municipality of this or any adjoining state, or the United States government, or any two (2) or more of them, bridges acro…

maintenance of bridges and tunnels. The department may enter into written contracts with the owner of any bridge over or tunnel under any boundary line stream of this state for the purchase or lease of the bridge or tunnel to connect any primary road of this state with a hard sur…

The department may agree upon the purchase price and cost of the bridge or upon the terms of the lease, with the owner and such other parties named in KRS 180.300 or any of them, and may further agree upon the proportion of the purchase price or annual rental to be contributed by…

Every collector of tolls upon any bridge or ferry owned or operated by the state shall, before entering upon the discharge of his duties, take and subscribe to the constitutional oath of office. The oath shall be executed either before the county judge/executive of the county in …

The department may make and promulgate rules and regulations necessary to effectuate the purpose of KRS 180.320 to 180.340.