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COUNTY ROADS -- GRADE CROSSING ELIMINATION

KRS tit. XV, ch. 178
in effect

KRS 178.010 Definitions -- Construction of chapter -- Minimum requirement for gift

178.010. Definitions -- Construction of chapter -- Minimum requirement for gift (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 roads, streets, or highways which have been acquired by the county pursuant to subsection (3) of this section or KRS 178.405 to 178.425. "County roads" includes necessary bridges, culverts, sluices, drains, ditches, waterways, embankments or retaining walls; and (c) "Hard surface road" means a road the surface of which is asphalt, brick, stone block, macadam, concrete, gravel or other material of equal merit. (2) Nothing in this chapter shall be construed to take from the jurisdiction or control of the legislative body of any incorporated city any road, bridge, landing or wharf, or any other thing exclusively under the jurisdiction or control of the city. (3) Nothing in this chapter shall prevent any fiscal court from acquiring unimproved land by gift for public purposes. However, on and after July 13, 2004, a fiscal court may only accept a private road, street, or highway by gift if the private road, street, or highway has been constructed to meet minimum construction standards established by the fiscal court. (4) Nothing in this chapter, including the fact that a municipal street has not been accepted into the county road system, shall prevent any county from entering into an agreement, pursuant to the provisions of KRS 65.210 to 65.300, with any city located within the county to perform work upon or to provide personnel, materials or equipment for work to be performed upon any street located within the city. A county may pay one hundred percent (100%), or a lesser percentage, of all or any part of the cost of the joint undertaking, based upon the terms agreed to in the interlocal cooperative agreement required by this subsection. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 1, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 82, sec. 2, effective July 14, 2000. -- Amended 1986 Ky. Acts ch. 278, sec. 2, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 7, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 243, sec. 2, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 384, sec. 303, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 272, sec. 7. -- Amended 1970 Ky. Acts ch. 87, sec. 1. -- Amended 1964 Ky. Acts ch. 68, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4287, 4294, 4297, 4307. Legislative Research Commission Note (7/14/2000). The reference to "KRS 65.220 to 65.300" in subsection (4) of this section has been changed back to its original form of "KRS 65.210 to 65.300." Subsection (4) was added to this statute by 1984 Ky. Acts ch. 7, sec. 1, and contained the reference to "KRS 65.210 to 65.300." Although the amendment of the statute by 1986 Ky. Acts ch. 278, sec. 2 did not change this reference, it was altered to "KRS 65.220 to 65.300" in the codification of that Act. Because it is clear from an examination of KRS Chapter 65 that the range in question is KRS 65.210 to 65.300 and no reason is given or can be determined for altering the text as originally enacted, the original text of the reference has been restored.

KRS 178.020 Roads, bridges, and landings continued -- Removal from through road system

178.020. Roads, bridges, and landings continued -- Removal from through road 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 road, street, or alley, shall be presumed to be a public road, street, or alley, as the case may be. Nothing in this section shall be interpreted as interfering with the right of the fiscal court of a county containing a city of the first class or a consolidated local government from detaching a road or a portion thereof from the county through road system. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 183, effective July 15, 2002. -- Amended 1964 Ky. Acts ch. 80, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4295.

KRS 178.025 Road presumed established -- Presumption of width and area of public road right-of-way

178.025. Road presumed established -- Presumption of width and area of public 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 the absence of any record, the width of a public road right-of-way shall be presumed to extend to and include that area lying outside the shoulders and ditch lines and within any landmarks such as fences, fence posts, cornerstones, or other similar monuments indicating the boundary lines. (3) In the absence of both record or landmark, the right-of-way of a public road shall be deemed to extend to and include the shoulders and ditch lines adjacent to said road and to the top of cuts or toe of fills where such exist. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 236, sec. 1, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 61, sec. 2, effective July 13, 2004. -- Created 1966 Ky. Acts ch. 108, secs. 1 to 3.

KRS 178.030 Transfers from state to county

178.030. Transfers from state to county 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 containing a city of the first class unless they are made a part of such a system in accordance with KRS 178.330 or 178.333, or both. History: Amended 1964 Ky. Acts ch. 80, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4296.

KRS 178.040 Change in width of county road or right-of-way -- Minimum width of right-of-way -- Acquisition of right-of-way

178.040. Change in width of county road or right-of-way -- Minimum width of 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 county clerk. In order to change the width of the right-of-way of a portion of a county through road system the fiscal court of a county containing a city of the first class or a consolidated local government may make a special order for a different width. The order shall be recorded in the office of the county road engineer. (2) All county roads and all public roads that are being adopted into a county road system after July 13, 2004, shall occupy a minimum right-of-way width of thirty (30) feet, fifteen (15) feet in each direction as measured from the centerline of the road, unless the fiscal court finds that a thirty (30) foot minimum cannot be met due to the topography of the road or other extraordinary circumstances. All county roads and all public roads that were in existence prior to July 13, 2004, shall not be required to occupy a minimum right-of-way width of thirty (30) feet under this subsection. A fiscal court, an urban-county government, or a consolidated local government may order the minimum right-of-way to be a greater width. All roads added to the county through road system in a county containing a city of the first class or a consolidated local government in accordance with KRS 178.333 shall occupy a right-of-way width as ordered by the fiscal court or the consolidated local government. (3) In acquiring a right-of-way for a county through road within any city, the fiscal court or the county court of a county containing a city of the first class or the consolidated local government may exercise any powers granted them by statute for the acquisition of property. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 3, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 346, sec. 184, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 384, sec. 304, effective June 17, 1978. -- Amended 1964 Ky. Acts ch. 80, sec. 6. - - Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4288, 4289.

KRS 178.050 Notice and advertisement of establishment, alteration or discontinuance, and of letting of contracts

178.050. Notice and advertisement of establishment, alteration or discontinuance, 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 discontinuance of any county road, bridge or landing, and all notices and advertisements for the letting of contracts for construction or maintenance of county roads and bridges under the provisions of this chapter shall be published pursuant to KRS Chapter 424 by the county road engineer. History: Amended 1966 Ky. Acts ch. 239, sec. 153. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4298, 4304.

KRS 178.060 Changes in location of county road

178.060. Changes in location of county road (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 form of an agreed order of the fiscal court and subject to the approval of the county judge/executive. (2) The change shall not materially increase the length or grade or require more work to keep the road in repair, or place the road on worse ground than it was before the change, or render the road in any respects worse than it was before the change. (3) If the county road engineer makes a change in violation of the provisions of this section, the part of the road thus altered shall not be established as a county road, and the former location shall be continued as such. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 305, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4299.

KRS 178.070 Discontinuance of county roads

178.070. Discontinuance of county roads 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 notices, the fiscal court shall appoint two (2) viewers who have no vested interest in the discontinuance of the road and who, together with the county road engineer, shall view the road and report in writing at the hearing what inconvenience would result from the discontinuance. Upon presentation of the report and other evidences, if any, at a public meeting of the fiscal court, the court may discontinue the road. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 4, effective July 13, 2004. -- Amended 1964 Ky. Acts ch. 68, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4300.

KRS 178.080 Establishment and alteration of public roads, bridges and landings, upon petition

178.080. Establishment and alteration of public roads, bridges and landings, upon 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 who, together with the county road engineer, shall view the ground and report in writing the advantages and disadvantages which, in their opinion, will result to the individual and to the public from the proposed work and the grades and bearings of the proposed road, and other facts and circumstances that may enable the fiscal court to determine whether the work ought to be undertaken by the county. (2) If the petition is for the establishment or alteration of a public road leading from a main public road, the report shall set out whether such road should be established, stating specifically whether it would be necessary to take any burying ground, garden, yard, orchard, or any part thereof, or to injure or destroy any buildings and the probable cost of the work, the names of the landowners whose property would have to be taken or injured, which of them would require compensation and the probable amount to which each would be entitled. They shall make careful examination of routes or locations other than that proposed or petitioned for, keeping in view the possible future development of the county and the accommodations of the general traveling public, and shall report to the fiscal court at a public meeting in favor of the one they prefer, giving reasons for the preference. A map giving the grades and bearings of the routes or locations shall be returned with the report. (3) If it appears to the fiscal court that the interests of the general public may be furthered thereby, the fiscal court shall personally examine the proposed work. If the court decides to undertake the proposed work the county judge/executive shall appoint a day for hearing the parties interested, and cause notices thereof to be given to all interested parties. (4) If the county judge/executive at any time has sufficient evidence before him to enable him to ascertain what would be a just compensation to the proprietors and tenants, and if the proprietors and tenants are willing to accept what the county judge/executive deems just, the county judge/executive, upon such acceptance being reduced to writing and signed by the proprietors and tenants, may determine to undertake the work, subject to the consent and approval of the fiscal court. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 5, effective July 13, 2004. -- Amended 1978 Ky. Acts ch. 384, sec. 306, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 167, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4301.

KRS 178.090 Conditions may be imposed upon petitioner

178.090. Conditions may be imposed upon petitioner 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 sum sufficient to pay all damage and cost sustained by reason of the establishment or alteration of the road. In such case the court may, if it thinks proper, establish the road upon condition that the petitioner shall pay all costs and damages, and make and keep the road in repair, and the court may also impose upon the petitioner, his heirs and assigns, and upon the public, such other conditions in reference to the road as the court finds just. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 307, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4302.

KRS 178.100 Action to contest decision of fiscal court

178.100. Action to contest decision of fiscal court 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 an action in the Circuit Court of the county where the road is located to contest the decision of the fiscal court. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 6, effective July 13, 2004. -- Amended 1978 Ky. Acts ch. 384, sec. 308, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 168, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4302a-1.

KRS 178.110 Condemnation of right-of-way -- Temporary roads

178.110. Condemnation of right-of-way -- Temporary roads (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 of roadbeds or bridges, or a portion of them, washing or slipping away, or in case of extreme emergency, and when in its judgment conditions warrant it, the fiscal court may immediately open and have surveyed a road or passway to be temporarily used while the commissioners appointed under the Eminent Domain Act of Kentucky are acting, or while the matter is pending in the court to establish a permanent road or passway, and the commissioners shall assess the damages of the temporary road or use thereof. The same proceedings shall be had to recover damages as in recovery in regard to other roads. (3) But when such compensation is ascertained it shall be at the option of the fiscal court to pay it or to abandon the proposed undertaking. If it decides to pay the compensation, the fiscal court of the county shall include in its next levy an amount sufficient therefor. (4) Not more than two (2) acres shall be condemned for a landing. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 309, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 78. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4302.

KRS 178.115 Power of fiscal court to open, establish or alter road -- Procedure -- Appeal

178.115. Power of fiscal court to open, establish or alter road -- Procedure -- 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 a resolution setting forth the necessity for the public road or structure, and thereupon the public road or structure shall be deemed opened, established or altered, as the case may be, on behalf of the county. A certified copy of the resolution shall be posted at the courthouse door of the county within five (5) days after its adoption and a certified copy of the resolution shall be posted by the county road engineer of the county along or at the proposed road or structure within five (5) days after its adoption. (2) In all cases where public roads or structures have been established, any person or persons aggrieved thereby may prosecute an appeal from a resolution of the fiscal court by filing a petition in equity in the Circuit Court of the county where the road or structure is located setting forth his grievance, to which petition shall be attached an attested or certified copy of the resolution. The petition shall be filed within thirty-five (35) days from the date the resolution was entered. An appeal shall be heard and decided by the court without the intervention of a jury. Any party so appealing shall execute and file a bond for costs at the time such appeal is taken. An appeal to the Court of Appeals may be taken in accordance with the Rules of Civil Procedure. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 7, effective July 13, 2004. -- Amended 1960 Ky. Acts ch. 104, sec. 12, effective June 16, 1960. -- Created 1942 Ky. Acts ch. 128, secs. 1 and 2.

KRS 178.116 Discontinuance of a road

178.116. Discontinuance of a road (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 need is served by the road; (b) The road provides a necessary access for a private person; (c) The road has been maintained and policed by the county or state within a three (3) year period. (2) If the only condition which exists is for a necessary access for a private person, by a joint petition of all parties entitled to such access, the road shall be deemed discontinued and possession shall revert to the owner or owners of the tract of land to which it originally belonged. (3) If the only condition which exists is for a necessary access for a private person, by joint petition of all parties entitled to such access, the road shall be closed to public use but remain open in accordance with its condition and use for the access of the private parties involved. (4) If a county road has been discontinued under the provisions of KRS 178.070, then by a joint petition of all private parties entitled to necessary access the road shall be closed to public use but remain open in accordance with its condition and use for the access of the private parties involved, or by a joint petition of all parties entitled to necessary access the road shall revert to the owner or owners of the tract or tracts of land to which it originally belonged. (5) For the purposes of this chapter "necessary access" shall be construed to include access to any farm, tract of land, or dwelling, or to any portions of such farm, tract of land, or dwelling. Effective: July 15, 1980 History: Created 1980 Ky. Acts ch. 243, sec. 3, effective July 15, 1980.

KRS 178.117 Private improvement of public road in unincorporated territory -- When permitted -- Procedure

178.117. Private improvement of public road in unincorporated territory -- When 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 to the publicly dedicated road shall submit to the fiscal court, the urban-county government, or the consolidated local government for approval plans and specifications for its improvements at their own expense. Any request for private improvement shall include all the information required by KRS 184.020 to accompany a request for the creation of a public road district pursuant to that section. (2) The sponsors of the private improvement of the publicly dedicated road shall present their request, together with the attached maps and estimates of cost, to the fiscal court, the urban-county government, or the consolidated local government, who shall turn over to the county engineer for his or her consideration the maps and estimates of cost. In considering whether to permit the requested improvement, the fiscal court, the urban-county government, or the consolidated local government, and the county engineer shall follow the same procedures provided for in KRS 184.040 and the same appellate rights provided for in these sections are available to the petitioners. When the county engineer receives from the fiscal court, the urban- county government, or the consolidated local government an application for approval of plans or specifications for the private improvement of publicly dedicated roads by some individual or corporation, or a combination thereof, the county engineer shall be authorized and empowered to examine, inspect, and investigate, as seems to be advisable, the sufficiency of the improvements which the application seeks to serve the purposes intended, and to establish and make reasonable charges for his or her services on the basis of a schedule adjusted according to the services required to conduct the investigation or on any other reasonable method. (3) When it appears to the county engineer that the completion of the improvement by or on behalf of any individual or corporation requires inspection and supervision in order to assure the protection of the public safety and the proper subsequent completion of the work for the purposes intended, the county engineer shall include findings in his or her recommendation to the fiscal court, the urban-county government, or the consolidated local government approving, modifying, or disapproving the particular plans and projects, and shall charge the person or corporation for the inspection and supervision on the basis of the actual cost of inspection plus a reasonable additional cost of supervision. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 8, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 346, sec. 185, effective July 15, 2002. -- Amended 1984 Ky. Acts ch. 64, sec. 18, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 310, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. -- Created 1964 Ky. Acts ch. 80, sec. 10.

KRS 178.120 Condemnation of land by fiscal court

178.120. Condemnation of land by fiscal court 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 for such purpose, for its purchase or to acquire the same by gift, the land may be condemned under the procedure set forth in the Eminent Domain Act of Kentucky. History: Amended 1976 Ky. Acts ch. 140, sec. 79. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4302a-2.

KRS 178.125 Condemnation of additional land adjacent to existing road -- Procedure

178.125. Condemnation of additional land adjacent to existing road -- Procedure (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 the land required for such purposes for its purchase or to acquire the same by gift, the land may be condemned under the provisions set forth in the Eminent Domain Act of Kentucky. (2) The resolution authorizing condemnation shall set forth the facts of the proposed acquisition, including a description of the land sought to be acquired, which description may be stated in widths from the existing centerline of the road proposed to be improved. In condemnation for future improvement under this section it shall not be necessary for the county to have completed plans for actual construction; Provided, the property owner is furnished with an accurate description of the property sought to be condemned. The right-of-way thus obtained shall be for reasonably foreseeable future construction and improvement in conformity with the existing grade of said road and with free access to adjacent property. History: Amended 1976 Ky. Acts ch. 140, sec. 80. -- Created 1960 Ky. Acts ch. 220, sec. 1, effective June 16, 1960.

KRS 178.130 Repealed, 1978

178.130. Repealed, 1978 Catchline at repeal: County may do work or award contracts. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356m.

KRS 178.140 Awarding of contracts -- Rejection of bids

178.140. Awarding of contracts -- Rejection of bids (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) The contract shall be awarded to the lowest and best bidder, who shall furnish satisfactory security in an amount equal to the amount of the contract in question, to be approved by the county judge/executive of the county. (3) The fiscal court may reserve twenty percent (20%) of the amount accruing on the contract until the completion of the work and the approval thereof by the county road engineer. (4) The fiscal court may reject any and all bids, and may readvertise for and receive bids. If satisfactory bids cannot be obtained, the fiscal court may have the work done in the manner it deems best. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4303, 4304, 4356m.

KRS 178.150 Department of Highways to render assistance in certain cases

178.150. Department of Highways to render assistance in certain cases (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 county road engineer plans, specifications and estimates of cost, which he shall submit to the fiscal court. The county road engineer shall keep in his records the plans, specifications and estimates of cost furnished by the Department of Highways, and also the plans, specifications and estimates of cost and the actual cost of the repair or construction work which is actually done. The fiscal court shall not be required to accept the plans, specifications and estimates furnished by the Department of Highways. (2) This same plan shall be followed in making the purchase of all county road machinery, when the amount of the purchase is five hundred dollars ($500) or more. (3) When a new hard surface road is to be built, or an old dirt road converted into a hard surface road, the county road engineer of the county in which the improvement is to be made shall notify the Department of Highways, and the department shall send an assistant engineer to assist in laying out the road, and in drawing plans and specifications and making up estimates of cost for the road. This shall be done at the expense of the state. The fiscal court shall not be compelled to accept the plans and specifications of the engineer furnished by the Department of Highways, but a record of them shall be kept. After contracts are awarded, the estimates furnished by the Department of Highways and the contract price shall be published as advertisements provided for in KRS 178.050. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4305.

KRS 178.155 Repealed, 2004

178.155. Repealed, 2004 Catchline at repeal: Effect of lack of maintenance of road by county for fifteen years. History: Repealed 2004 Ky. Acts ch. 61, sec. 11, effective July 13, 2004. -- Created 1986 Ky. Acts ch. 278, sec. 1, effective July 15, 1986.

KRS 178.160 Repealed, 1978

178.160. Repealed, 1978 Catchline at repeal: Construction and maintenance of hard surface roads by contract. History: Repealed 1978 Ky. Acts ch. 118, sec. 19, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4306.

KRS 178.170 Bonds for hard surface roads -- Issuance

178.170. Bonds for hard surface roads -- Issuance (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 determines, be payable at least annually, and shall be in denominations of not less than one hundred dollars ($100) nor more than one thousand dollars ($1000). The bonds shall mature within forty (40) years, and may be redeemed within that time at the pleasure of the court. (2) Upon the petition of one hundred and fifty (150) legal voters who are freeholders of the county, the county judge/executive shall make an order on his order book directing an election to be held in the county at the next regularly-scheduled November election if the question as it will appear on the ballot is submitted to the county clerk not later than the second Tuesday in August preceding the regular election. The order shall direct the sheriff to advertise the election and its object by publication pursuant to KRS Chapter 424 and also by printed handbills posted at not less than four (4) public places in each voting precinct in the county and at the courthouse door. The election shall be held under the general election laws. The question shall be: "Are you in favor of issuing .... in bonds for the purpose of building roads and bridges?" (3) All the money raised by the sale of bonds under this section shall be used solely for the construction of hard surface roads. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 195, sec. 66, effective July 15, 1996; and ch. 274, sec. 39, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 188, sec. 135, effective June 15, 1980. -- Amended 1978 Ky. Acts ch. 384, sec. 311, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 154. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4307. Legislative Research Commission Note (7/15/96). This section was amended by 1996 Ky. Acts chs. 195 and 274. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 195, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 178.180 Commissioners may be appointed to handle proceeds of bonds

178.180. Commissioners may be appointed to handle proceeds of bonds (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 the purpose of constructing and reconstructing roads and bridges. The commissioners shall be equally divided between the two (2) dominant political parties of the county. (2) The commissioners shall each give a bond, approved by the county judge/executive. The commissioners shall be allowed a reasonable compensation for their services by the fiscal court, to be paid out of the county road fund. (3) The commissioners shall be selected at least fifteen (15) days before the date of the election on the question of the bond issue, and their names shall be published pursuant to KRS Chapter 424. History: Amended 1966 Ky. Acts ch. 239, sec. 155. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4307a-1, 4307a-3.

KRS 178.190 Duties of commissioners -- Supervision

178.190. Duties of commissioners -- Supervision (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 commissioners shall act under the supervision of the Department of Highways. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4307a-2, 4307a-4.

KRS 178.200 Tax levy to retire bonds and pay interest

178.200. Tax levy to retire bonds and pay interest (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 allocated, first, to the payment of the interest on the bonds, and the balance placed to the credit of a sinking fund for the redemption of the bonds. (2) Any accumulation in the sinking fund may be loaned by the fiscal court on first mortgage real estate security, on the basis of fifty percent (50%) of its value, at the legal rate of interest, which shall accrue to the sinking fund, but before the loan is made all titles shall be looked up and papers approved by the county attorney. (3) For the 1966 tax year and for all subsequent years the rate levied by the levying authority under the provisions of this section for levies which were approved prior to December 16, 1965, shall be the compensating tax rate as defined in KRS 132.010, except as provided in subsection (4) of this section. (4) Notwithstanding the limitations contained in subsection (3) of this section no tax rate shall be set lower than that necessary to provide such funds as are required to meet principal and interest payments on outstanding bonded indebtedness. History: Amended 1965 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 9. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4308.

KRS 178.210 Special tax for construction of roads -- Submission to vote -- Short-term bonds

178.210. Special tax for construction of roads -- Submission to vote -- Short-term 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 construction of the public roads and bridges of the county, as the fiscal court directs. The order of the fiscal court calling the election shall specify the amount of the tax to be levied each year and the number of years for which the tax may be imposed, not exceeding ten (10) years, and shall also provide that no money in excess of the amount that can be raised by the levy in any one (1) year shall be expended in that year. (2) The fiscal court may borrow money and issue bonds therefor in advance of the collection of the tax for any year, but the amount borrowed shall not exceed eighty percent (80%) of the estimated tax for the year. The amount of the tax shall be estimated according to the assessment and collection of the preceding year. Any money so borrowed shall be paid out of the money raised from the tax in the year in which the money is borrowed. (3) For the 1966 tax year and for all subsequent years the rate levied by the levying authority under the provisions of this section for levies which were approved prior to December 16, 1965, shall be the compensating tax rate as defined in KRS 132.010, except as provided in subsection (4) of this section. (4) Notwithstanding the limitations contained in subsection (3) of this section no tax rate shall be set lower than that necessary to provide such funds as are required to meet principal and interest payments on outstanding bonded indebtedness. History: Amended 1965 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 10. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4307b-1, 4307b-2.

KRS 178.220 Vote on special tax -- Form of question

178.220. Vote on special tax -- Form of question (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 and bridges of the county?" The rate of taxation and the number of years for which the tax is to be levied shall be inserted in respective blank spaces, and two (2) small squares shall be placed opposite and on the right of the question, one (1) for votes for and one (1) for votes against the measure, designated respectively by the words "Yes" and "No." (2) If a majority of those voting upon this proposition are in favor of it, then as soon as the result has been ascertained and certified, the fiscal court shall make provision for the road and bridge work contemplated. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4307b-3.

KRS 178.230 Collection of special tax -- Sheriff's fee

178.230. Collection of special tax -- Sheriff's fee 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 of one percent (1%) of the amount collected. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4307b-4.

KRS 178.240 Advertisement of special tax election -- Conduct of election

178.240. Advertisement of special tax election -- Conduct of election (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. History: Amended 1966 Ky. Acts ch. 239, sec. 156. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4307b-5, 4307b-6.

KRS 178.250 Joint bridges and roads between counties

178.250. Joint bridges and roads between counties (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 as they find best, but if they disagree, the fiscal court of each county shall appoint two (2) special commissioners who, together with the county road engineer of each county and a representative of the Department of Highways, shall meet and arrange the matter. (2) The fiscal court of each county interested shall notify the Department of Highways of the action taken and request its assistance in the matter and the decision reached by the committee thus appointed, acting jointly with the representative of the Department of Highways, shall be binding. (3) If the fiscal court of any county, upon being requested to do so, fails to appoint commissioners, or if either court fails in any respect to fulfill its part of the agreement with respect to work, the remedy by mandamus shall lie before the Circuit Court of the county whose fiscal court is complained of on behalf of the fiscal court of the other county, and the Circuit Court shall compel the fiscal court complained of to do what ought to be done in the matter. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4309.

KRS 178.260 Contracts for work on joint bridges and roads

178.260. Contracts for work on joint bridges and roads 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, in each of the counties, and the contract shall be awarded to the lowest responsible bidder who shall furnish satisfactory security to be approved by the county judge/executive of each county. The fiscal courts, voting separately, shall approve the plans and specifications and shall jointly award the contract. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4310.

KRS 178.270 Costs of joint roads and bridges

178.270. Costs of joint roads and bridges (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 completion of the work, the improvement shall be maintained by the fiscal courts or other authorities of the counties or other political divisions joining in the improvements, who shall bear and pay the same proportion of the costs that they severally bore toward the cost of the original improvements. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4311.

KRS 178.280 Repealed, 1964

178.280. Repealed, 1964 Catchline at repeal: Abandoned turnpikes and improved roads to be maintained by county. History: Repealed 1964 Ky. Acts ch. 80, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4318.

KRS 178.290 Construction of sidewalks along public roads -- School bus turn-around areas

178.290. Construction of sidewalks along public roads -- School bus turn-around 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 without expense of any kind to any other person who may want to use it. All persons who desire shall be permitted to use the sidewalk, and it shall be so constructed as not to interfere with the traveling public on any public road. The governing body of each city, county, urban-county, consolidated local government, and charter county may build and repair sidewalks along public roads where the need exists for the safety of school children. Before the beginning of construction of the sidewalk, written approval must be obtained from the governmental agency having jurisdiction over the public road. (2) The fiscal court may, where needed, build and maintain suitable areas for the safe turning around of school buses. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 236, sec. 2, effective July 12, 2006. -- Amended 1970 Ky. Acts ch. 250, sec. 1. -- Amended 1964 Ky. Acts ch. 51, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4318.

KRS 178.300 Road passing over or obstructed by dam

178.300. Road passing over or obstructed by dam (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 the dam and shall erect and keep in good order a strong railing on both sides of such bridges or dam. (2) Every owner of a dam built after 1914, which dam, or the race or ditch connected therewith, obstructs any county road by the backing of water or otherwise, shall whenever it is necessary for the safe and convenient crossing of the same, or the pond created thereby, build and keep in repair over the dam, pond, race or ditch, a bridge like that specified in subsection (1) of this section. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4322.

KRS 178.310 County roads taken for railroad purposes -- Correction of unsafe conditions

178.310. County roads taken for railroad purposes -- Correction of unsafe 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 road or portion thereof is unsafe for travel by reason of the railroad, and whether an alteration of the old road or the construction of a new road is necessary. (2) The committee shall examine the place where the danger is complained of, and shall give fifteen (15) days' written notice to the persons making the complaint and the persons complained of, of an opportunity to be heard. After the hearing, the committee shall report its findings to the fiscal court, which may make an order concerning the matter. (3) If the fiscal court orders any alteration or construction, and the railroad company fails to comply with the order, the fiscal court shall have the work done and may recover the cost from the railroad company, in the same manner that the cost of removing obstructions is recovered under KRS 179.280. (4) This section shall not apply to street railways or to public roads located in incorporated cities which have control of their roads, streets and alleys, or to roads which have been constructed since the railroad. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 312, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4351.

KRS 178.320 Title to rights-of-way and records of discontinued roads to be filed in county clerk's office

178.320. Title to rights-of-way and records of discontinued roads to be filed in 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) The county clerk shall keep on convenient file or in books prepared for that purpose a complete record of all such documents. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4297, 4321.

KRS 178.330 County through road system for county containing city of first class or consolidated local government -- Establishment -- Effect

178.330. County through road system for county containing city of first class or 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 links to state highways is a necessary and integral part of a unified system of highways, roads, and streets needed for the movement of traffic in such a metropolitan area and that the construction, reconstruction, widening, relocation, repair, maintenance, and improvement of such a system of county through roads is a proper and legitimate public function as an alternative to other authorizations or requirements. (2) The fiscal court of a county containing a city of the first class or the consolidated local government, acting upon the basis of an engineering and traffic investigation by the county road engineer, may designate for purposes of construction, reconstruction, widening, relocation, repair, maintenance, and improvement from among the public roads within the county certain roads proposed to constitute the "county through road system." County through roads may include: (a) Main traveled roads; (b) Roads in unincorporated areas necessary for the circulation of traffic within the county; (c) Streets and roads through, within, or adjacent to cities of any class necessary for the circulation of traffic within the county; or (d) Major roads connecting two (2) primary roads maintained by the state. County through roads shall not include roads on the state highway system. (3) As soon as the proposed county through roads are designated as provided in subsection (2) of this section, the fiscal court or a consolidated local government shall cause such county through roads to be marked on a map to be deposited with the county road engineer and to be open to public inspection. Upon the filing of the map, the clerk of the fiscal court or the clerk of a consolidated local government shall, in conformance with KRS 424.130(1)(b), have published in a newspaper of bona fide general circulation within the county: (a) A notice of the proposed adoption of a county through road system; (b) A description of roads or portions thereof proposed to be included; (c) Notice of the date upon which the fiscal court or a consolidated local government will consider the adoption of the county through road system; and (d) Notice that the map of the proposed county through road system is open to inspection in the office of the county road engineer. (4) At any time before the adoption of the county through road system, any freeholder of the county may file a petition with the county road engineer asking for any change in the designated county through roads, setting forth the reason for the proposed change. Such petition shall be accompanied by a plat showing such proposed change. Any such petition shall be considered by the fiscal court or the consolidated local government at its meeting held on the date advertised in accordance with subsection (3) of this section. The fiscal court or the consolidated local government may accept or reject any such suggested changes in the proposed county through road system. The fiscal court or the consolidated local government may continue the consideration to a later meeting which must be advertised as provided in subsection (3) of this section. The roads which the fiscal court or the consolidated local government so designated by official resolution shall be conclusively established as the county through road system. (5) Classifications or designations of a county through road system established by this section shall not affect or change classifications or designations made by other sections of the Kentucky Revised Statutes such as "county roads," "main county roads," "rural and secondary roads," "turnpikes," "city streets," or similar terms; except that when there is an irreconcilable conflict arising from the actual application of this section in a given instance and a designation or classification made in other sections of the Kentucky Revised Statutes, this section shall prevail. Nothing in KRS 178.020 to 178.040, 178.117, 178.330 to 178.337, 179.070, and 179.330 shall preclude the expenditure on the county through road system, including portions within cities, of state funds allocated for public highways under the provisions of KRS 179.410 and 179.415, or 177.320 to 177.369, or any other section of the Kentucky Revised Statutes in accordance with the provisions of KRS 177.330, 177.340, or 179.440. (6) The provisions of KRS 178.050 to 178.100 shall not apply to a county through road system established or maintained under KRS 178.330 to 178.337. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 186, effective July 15, 2002. -- Amended 1980 Ky. Acts ch. 188, sec. 136, effective July 15, 1980. -- Created 1964 Ky. Acts ch. 80, sec. 1.

KRS 178.333 Addition of roads to through road system for county containing city of first class or consolidated local government -- New roads -- Relocation

178.333. Addition of roads to through road system for county containing city of 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 accordance with KRS 178.330. The fiscal court or a consolidated local government shall cause the proposed addition to be marked on a map to be deposited with the county road engineer and to be open to public inspection. The same procedure set forth in KRS 178.330 for the establishment or maintenance of the county through road system shall be followed in the case of roads or portions of roads added thereto. Notice of the proposed addition to the system shall conform to KRS 424.130(1)(b). (2) The fiscal court of a county containing a city of the first class or a consolidated local government may establish or maintain a new road in compliance with the provisions of KRS 178.115 to 178.125, or relocate a road in accordance with KRS 178.115, and at the same time add it to the county through road system, following the same procedure as is now set forth in KRS 178.330 and subsection (1) of this section, including notice in accordance with KRS 424.130(1)(b). (3) The decisions of the fiscal court or the consolidated local government made in accordance with this section shall be final. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 187, effective July 15, 2002. -- Created 1964 Ky. Acts ch. 80, sec. 2.

KRS 178.337 Removal of road from system -- When city streets in system

178.337. Removal of road from system -- When city streets in system (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 or the consolidated local government shall cause the proposed deletion to be marked on a map to be deposited with county road engineer and to be open to public inspection. The same procedure set forth in KRS 178.330 for the establishment or maintenance of a county through road system shall be followed in the case of roads or portions of roads detached therefrom. Notice of the proposed deletion from the system shall conform to KRS 424.130(1)(b). The fiscal court or the consolidated local government may in its discretion detach or retain the road as a part of the county through road system. The decisions of the fiscal court or the consolidated local government made in accordance with this section shall be final. Whenever any county through road has been added or detached from the county through road system in accordance with KRS 178.330 to 178.337, the county road engineer shall accordingly amend the map of the county through road system, which map shall at all times be available for public inspection in the office of the county road engineer. Nothing herein shall be construed as automatically deleting from the county through road system any portion of the system in territory which becomes incorporated as a city or which becomes annexed to a city. (2) Nothing in this chapter shall be construed to take from the jurisdiction or control of the legislative body of any incorporated city or consolidated local government, any road, bridge, landing, or wharf, or any other thing exclusively under the jurisdiction or control of such city or a consolidated local government. Provided, however, that roads within a city in a county containing a city of the first class or a consolidated local government may be made a part of the county through road system, in accordance with KRS 178.330 or 178.333, or both, with the agreement of the legislative body of said city. (3) Nothing in this chapter shall prevent any fiscal court or a consolidated local government from acquiring land by gift for public purposes. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 251, effective January 1, 2015. -- Amended 2002 Ky. Acts ch. 346, sec. 188, effective July 15, 2002. -- Amended 1978 Ky. Acts ch. 384, sec. 313, effective June 17, 1978. -- Created 1964 Ky. Acts ch. 80, sec. 3.

KRS 178.350 Application of KRS 178.350 to 178.385 limited to counties containing city of first class or consolidated local government

178.350. Application of KRS 178.350 to 178.385 limited to counties containing city 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. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 189, effective July 15, 2002. -- Created 1952 Ky. Acts ch. 187, sec. 1, effective June 19, 1952.

KRS 178.355 Procedure for ordering elimination of grade crossings or change of existing overhead or underpass structure crossing county road

178.355. Procedure for ordering elimination of grade crossings or change of existing 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 county, to eliminate any existing grade crossing or change any existing overhead or underpass structure where any county road crosses the railroad tracks of such company. (2) The fiscal court shall give at least ten (10) days' notice by certified mail, return receipt requested to the railroad company of a hearing to be held at a time and place stated in the notice, at which hearing it shall consider whether or not the proposed grade separation or change is reasonably necessary and the most advantageous method of effecting the grade separation or change. In determining whether the proposed grade separation or change is reasonably necessary, the fiscal court shall receive evidence of, and shall consider, all relevant facts, including the present and prospective density of highway traffic and the present and prospective frequency and speed of train movements over the crossing, the adequacy of existing or proposed signals or warning devices for the protection of highway traffic at the grade crossings, the possibility and probability of personal injury to the public using the highway and to employees and passengers of the railroad company and damage to property, and the cost of the grade separation or change in relation to benefits resulting from the proposed construction. If the fiscal court finds that the grade separation or change is reasonably necessary, it shall make an order to that effect and furnish a copy thereof by certified mail, return receipt requested to the railroad company. The order shall specify a general plan for the new or changed grade separation. The order shall direct the railroad company to prepare plans, specifications and estimates of cost for the grade separation or change in accordance with the general plan prescribed by the order, or may provide that the plans, specifications and estimates of cost shall be prepared by the county if the grade separation structure shall pass over the railroad tracks. The plans, specifications and estimates of cost may, if requested by any public utility, provide facilities for such public utility. (3) 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 fiscal court, plans, specifications and estimates of cost for the grade separation or change, including the necessary approaches thereto. (4) After receipt of the plans, specifications and estimates of cost from the railroad company the fiscal court shall give at least ten (10) days' notice by certified mail, return receipt requested to the railroad company of a time and place for final hearing with respect to the grade separation or change. If the fiscal court elects to prepare plans, specifications and estimates of cost, it shall furnish copies thereof to the railroad company prior to or at the time it gives notice of a final hearing. At the final hearing the fiscal court shall consider whether or not the plans make reasonably adequate provision for present and future safety and convenience of highway traffic and present and future safety and efficiency of operation of trains of the railroad company, its employees and passengers, and for the development of highway and railroad facilities, and shall approve or modify the plans and specifications. It shall then consider and determine the method of doing the work, whether by the railroad company or by the county, or partly by one and partly by the other, and whether by contract or by the employees of the county or the railroad company, or both, or by any combination of these methods, and if by contract, the method and manner of advertising for bids, the time and place of opening the bids, the time when work shall be begun and completed, and all similar matters of an administrative nature. The fiscal court shall embody its conclusions in a final order, a copy of which shall be sent by certified mail, return receipt requested to the railroad company. (5) The fiscal court may reject or order the rejection of all bids submitted for the work, or any part thereof, and require a readvertisement for bids. The fiscal court may reject all bids and elect to do the work itself, or partly by itself and by the railroad company, or by contractors, or by a combination of these methods. If the work includes a structure to support the railroad tracks, the railroad company shall have the right to supervise the construction of that part of the work. If the fiscal court elects to do the work itself there shall not be charged to the railroad company any sum in excess of that it would have been required to pay had the contract been let to the lowest bidder. (6) In all cases where the work is let by the railroad company on contract, the work shall be done under the general supervision of the county road engineer. (7) The cost of all work incident to or occasioned by the elimination of the grade crossing and the construction of a substituted crossing, or the reconstruction of an existing overhead or underpass structure, including, without limitation of the generality of the foregoing, the cost of preparing plans and specifications, the cost of acquisition of necessary property and property damage, if any, the construction of approaches, drainage structures, and streets and pavements, shall be paid in the proportion of fifteen percent (15%) by the railroad company and eighty-five percent (85%) by the county. (8) As the work progresses the fiscal court shall furnish to the railroad company, and the railroad company shall furnish to the fiscal court, a monthly statement showing in detail all amounts expended in connection with the work. On or about the fifteenth of each month, the county road engineer shall prepare a statement showing the total amount expended to the close of the preceding month, the amount paid or expended by each party up to that time, and the amount due from the county to the railroad company or from the railroad company to the county. Upon receipt of the statement each party shall pay to the other the amounts shown to be due thereby. (9) All payments made on such monthly statements shall be considered only payments on account, and upon final completion of the work the county road engineer shall prepare and furnish to the railroad company a statement showing the total cost of the work, the amount paid or expended by the county or the railroad company, and the amount due from one to the other. Each party shall be afforded reasonable opportunities to verify the statements of expenditures by the other, and the balance due as certified by the county road engineer in his final statement shall be paid by one party to the other promptly upon receipt of such final statement. (10) The fiscal court and any railroad company may agree by contract as to the method of eliminating any grade crossing or changing any existing overhead or underpass structure. In event of such agreement all notices, hearings and proceedings shall be deemed to have been waived, and the work of eliminating the grade crossing or making the change shall be performed in accordance with the terms of the contract, with the same effect as though the work were being performed pursuant to a final order of the fiscal court. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 114, sec. 31, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 23. -- Created 1952 Ky. Acts ch. 187, sec. 2, effective June 19, 1952.

KRS 178.360 Grade separation of proposed railroad and county road crossings

178.360. Grade separation of proposed railroad and county road crossings (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 plans and specifications for its proposed construction, showing the location thereof, and, if the proposed crossing is to be separated, a general plan for such separation. The fiscal court shall give at least ten (10) days' notice of a hearing to be held at a time and place stated in the notice, at which hearing it shall consider whether the proposed crossing shall be approved and whether a grade separation is reasonably necessary for the present and future safety and convenience of highway traffic and present and future efficient operation of the railroad company's facilities and the safety of its employees and passengers, and in accordance with the standards prescribed for grade separations in KRS 178.355. (2) If the fiscal court shall find that a grade separation is reasonably necessary at such proposed crossing, it shall approve, or provide for the submission and subsequent approval of, plans and specifications for the grade separation. The determinations of the fiscal court shall be by order, and its final determination shall be by final order, which shall fix the method of doing the work in the manner provided in subsection (4) of KRS 178.355, and which shall be served on the railroad company by certified mail, return receipt requested. If the fiscal court orders a grade separation at such proposed crossing, the entire cost of such separation shall be borne by the party proposing the crossing. (3) The fiscal court and the railroad company may agree by contract as to the method of constructing grade separations under this section and the distribution or allocation of cost thereof, under this section, and in such event, all notices, hearings and orders shall be deemed to have been waived, and the construction of the crossing shall be performed in accordance with the terms of the contract, with the same effect as though the work was being performed pursuant to a final order of the fiscal court. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 114, sec. 32, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 24. -- Created 1952 Ky. Acts ch. 187, sec. 3, effective June 19, 1952.

KRS 178.365 County road engineer to approve contracts

178.365. County road engineer to approve contracts 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. Effective: June 19, 1952 History: Created 1952 Ky. Acts ch. 187, sec. 4, effective June 19, 1952.

KRS 178.370 Maintenance of roadway, sidewalks, bridge, structure and approaches

178.370. Maintenance of roadway, sidewalks, bridge, structure and approaches 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 approaches. If the road passes under the railroad tracks, the railroad company shall maintain the structure supporting its tracks and its abutments. Effective: June 19, 1952 History: Created 1952 Ky. Acts ch. 187, sec. 5, effective June 19, 1952.

KRS 178.375 Appeals to Circuit Court from final orders of fiscal court

178.375. Appeals to Circuit Court from final orders of fiscal court (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, within twenty (20) days after receipt by the railroad company of a copy of the order, attested by the clerk of the fiscal court, file in the clerk's office of the Circuit Court of the county, together with a statement of the reasons why the order should not be enforced. On the filing of a copy of the order and the statement, the circuit clerk shall issue summons thereon in the same manner as summons is issued in equity actions in the Circuit Court. The trial of all appeals under this section shall be by a chancellor, and the evidence shall be taken by depositions or as the Circuit Court may direct. (2) On the hearing of the appeal, the Circuit Court shall determine whether under the standards hereinbefore prescribed, a grade separation or change in an existing overhead or underpass structure is reasonably necessary for the public safety, whether the plans and specifications prescribed by such order make reasonably adequate provision for present and future safety and convenience of highway traffic and present and future safety of operation of trains of the railroad company, its employees and passengers, and for future development of highway and railroad facilities. (3) Upon submission of the case, the Circuit Court shall embody its findings and conclusions of law in a final judgment, which may enjoin the fiscal court from enforcing its order, or direct the railroad company to proceed with the work in accordance with the order of the fiscal court, or in accordance with other plans and specifications prescribed by the court, or direct the fiscal court to proceed with the work in accordance with plans and specifications prescribed by the court. History: Amended 1976 Ky. Acts ch. 62, sec. 95. -- Created 1952 Ky. Acts ch. 187, sec. 6, effective June 19, 1952.

KRS 178.380 Appeals to Court of Appeals

178.380. Appeals to Court of Appeals 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. History: Amended 1976 Ky. Acts ch. 62, sec. 96. -- Amended 1960 Ky. Acts ch. 104, sec. 13, effective June 16, 1960. -- Created 1952 Ky. Acts ch. 187, sec. 7.

KRS 178.385 Enforcement of order or judgment

178.385. Enforcement of order or judgment 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 the county an action to compel compliance with the order by mandatory process of the court. Effective: June 19, 1952 History: Created 1952 Ky. Acts ch. 187, sec. 8, effective June 19, 1952.

KRS 178.400 Definitions for KRS 178.405 to 178.425

178.400. Definitions for KRS 178.405 to 178.425 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. History: Created 1976 Ky. Acts ch. 272, sec. 1.

KRS 178.405 Conditions requisite

178.405. Conditions requisite 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 public use; Provided, that fifty-five percent (55%) of all property owners abutting the private road, street, or highway sign a petition stating that they are willing to dedicate the road, street, or highway to public use. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 9, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 346, sec. 190, effective July 15, 2002. -- Created 1976 Ky. Acts ch. 272, sec. 2.

KRS 178.410 Fiscal court determination

178.410. Fiscal court determination 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 agencies or departments that the road, street, or highway has been dedicated to public use. History: Amended 1976 Ky. Acts ch. 272, sec. 3.

KRS 178.415 Fee simple title in county -- Minimum width

178.415. Fee simple title in county -- Minimum width 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 office of the county clerk, indicates as being for street purposes. However, if the road, street, or highway is dedicated in accordance with the provisions of KRS 178.405, and a plat does not exist, then the fiscal court shall establish a thirty (30) foot minimum width as a condition precedent to dedication to public use, unless the fiscal court finds that a thirty (30) foot minimum cannot be met due to the topography of the road or other extraordinary circumstances. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 10, effective July 13, 2004. -- Amended 1978 Ky. Acts ch. 384, sec. 314, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 272, sec. 4.

KRS 178.420 Maintenance by county works department

178.420. Maintenance by county works department 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. History: Created 1976 Ky. Acts ch. 272, sec. 5.

KRS 178.425 Applicability to dead-end passways

178.425. Applicability to dead-end passways The provisions of KRS 178.405 to 178.425 do not apply to any private road, street, or highway while it exists as a dead-end passway with less than four (4) platted lots or with less than four (4) lots that are not platted. At the time such passway is no longer a dead- end passway, the provisions of KRS 178.405 to 178.425 shall become applicable. History: Created 1976 Ky. Acts ch. 272, sec. 6.

KRS 178.990 Penalties

178.990. Penalties (1) Any county road engineer who fails to comply with the provisions of KRS 178.050 shall be fined not less than ten ($10) nor more than one hundred dollars ($100) for each offense. (2) Any county road engineer who makes a change in the location of a road without complying with the provisions of this chapter shall be fined not less than twenty- five dollars ($25). (3) Any person who injures a sidewalk constructed under the provisions of KRS 178.290 and fails to repair or replace the sidewalk shall be fined not less than four ($4) nor more than fifty dollars ($50). (4) Any owner or occupier of a dam who fails to comply with the provisions of KRS 178.300 shall be fined two dollars ($2) for every twenty-four (24) hours of noncompliance. Where a milldam is carried away or destroyed, the owner or occupier shall not be subject to the fine until one (1) month after the mill has been put in operation. (5) If a fiscal court or county judge/executive willfully fails to perform any duty required of it by the provisions of this chapter, except KRS 178.170 and 178.210 to 178.240, every member of such court concurring in the failure shall be fined not less than ten ($10) nor more than one hundred dollars ($100) by the Circuit Court of the county. (6) All fines imposed by this chapter shall be paid into the county road fund, except that in case of a privately owned road or bridge, the fines shall accrue to the owner. (7) No fines imposed by this chapter shall bar action for damages for breach of contract. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 315, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4299, 4304, 4318, 4320, 4322, 4346, 4349.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=37998Fetched: 10/20/2026

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