STATE BRIDGES, TUNNELS, AND FERRIES

KRS tit. XV, ch. 180

in effect

KRS 180.010 Definitions

180.010. Definitions 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. History: Amended 1966 Ky. Acts ch. 239, sec. 157. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-11.

KRS 180.020 Bridges may be built or acquired by state

180.020. Bridges may be built or acquired by state 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 acquire by gift, purchase or condemnation any bridge or other real or personal property that it deems useful in ultimately doing away with toll bridges on the primary road system. The department shall specifically approve each item that goes into the cost of every bridge built or caused to be built by it. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s-1, 4356s-2.

KRS 180.030 Condemnation proceedings

180.030. Condemnation proceedings (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 Kentucky. (2) The Attorney General shall represent the department in condemnation proceedings, and he shall be assisted by the county attorneys of the county or counties where the property is located. (3) Real estate used by any steam or electric railroad as a right of way shall not be condemned for bridge or approach purposes. History: Amended 1976 Ky. Acts ch. 140, sec. 81. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). -- Amended 1944 Ky. Acts ch. 173, sec. 12. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-3.

KRS 180.040 Bridges must be on primary roads

180.040. Bridges must be on primary roads 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 approach of an interstate bridge, with roads forming a part of the state primary road system; or (2) Sufficient funds have been appropriated and allocated for the construction of such a road. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-21.

KRS 180.050 Department may build bridge or let contract for construction -- Department officials not to be personally interested

180.050. Department may build bridge or let contract for construction -- 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 built by the department with its own employees, except after advertising for bids and the reception and rejection thereof as is provided for the construction of primary roads and subject to the further provisions of this chapter as to advertising. (2) No officer or employee of the department shall have any interest in or association, either direct or indirect, with any person or association having any interest in building or acquiring any bridge or in the sale or purchase of any bond authorized by this chapter. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s-1, 4356s-5.

KRS 180.060 Advertising -- Opening of bids -- Letting of contracts

180.060. Advertising -- Opening of bids -- Letting of contracts (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 representatives of the department at a designated place, day, and hour, all of which shall be announced in the advertising relative thereto. At the time the bids are opened, the department shall announce the department's engineer's estimate and make it a part of the department's records pertaining to the letting of any contract for which bids were received. Each bid, together with the name of the bidder and the department's engineer's estimate, shall be recorded and be open to public inspection. (3) All bridges and approaches or substantial portions thereof when built by contract shall be let to the lowest and best bidder after advertisement, and after the preparation of detailed plans and specifications, which shall be submitted to all prospective bidders in ample time before a contract is awarded. (4) The commission may reject any and all bids made either for material, for construction or for the bonds or any one (1) or more of them. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 278, sec. 3, effective July 15, 1994. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s- 9, 4356s-11.

KRS 180.070 Negotiable bridge bonds may be issued

180.070. Negotiable bridge bonds may be issued 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 to be built any bridge including approaches; (4) Pay for the preparations of plans, specifications and blueprints, and other expenses incidental to the building or purchase of the bridge or bridge approach; and (5) Pay the cost of bridge construction, repair, enlargement or reconstruction authorized under KRS 180.105 or KRS 180.106. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 199, sec. 3, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s- 4, 4356s-25.

KRS 180.080 Bonds -- Interest -- Maturity -- Redemption

180.080. Bonds -- Interest -- Maturity -- Redemption (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 at least annually. The bonds shall be free from taxation. (2) The bonds may provide that they or any of them may be called for redemption prior to maturity, on interest payment dates not earlier than one (1) year from date of issuance of the bonds at a price and under conditions fixed by the department before issuing the bonds. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 274, sec. 40, effective July 15, 1996. -- Amended 1968 Ky. Acts ch. 110, sec. 22. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s-4, 4356s-5, 4356s-26.

KRS 180.090 Bonds may be paid out of tolls -- How tolls may be reduced

180.090. Bonds may be paid out of tolls -- How tolls may be reduced 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 subsection (2) of KRS 180.130. The rate of tolls to be collected, if fixed in any bonds, shall not be reduced without the consent of the holders of the bonds. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s-5, 4356s-6.

KRS 180.095 Farmer's truck to pay same toll as passenger car

180.095. Farmer's truck to pay same toll as passenger car 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 passenger cars at that bridge. History: Created 1942 Ky. Acts ch. 74, sec. 1.

KRS 180.100 Tolls to cease or be reduced when bonds are paid

180.100. Tolls to cease or be reduced when bonds are paid 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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-7.

KRS 180.105 Interstate bridges may be united in one project for construction, enlargement, repair or reconstruction -- Issuance of bonds and collection of tolls for projects

180.105. Interstate bridges may be united in one project for construction, 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 a major catastrophe, to repair or reconstruct an existing bridge, he may, by order, unite into a single bridge project all interstate bridges owned by the Department of Highways which are situated not more than ten (10) miles distant from each other. (2) When, pursuant to subsection (1) of this section, any bridges are united into a single bridge project, bonds may be issued for the purpose of paying the cost of the building and construction of any such new bridge, or the performing of any of the other functions authorized under subsection (1) of this section, which may include the cost of reconstruction, maintenance and operation of said bridge or bridges united into a single bridge project only for and during the time the said bonds are being paid and only up until the time same are retired and paid, and in order to pay and retire any and all bonds so issued, the Department of Highways may charge and collect tolls for vehicular traffic over the bridge or bridges constituting such single bridge project; provided, however, that the charging and collection of tolls shall not begin until the completion of any new bridge built or constructed or upon the completion of any of the other functions authorized under subsection (1) of this section, and shall terminate and be at an end after the completion of the payment of the bonds issued for said purpose or purposes; and further provided that nothing in this section, or elsewhere contained, shall be construed to authorize the imposition, charge or collecting of tolls at any time for the maintenance or operation of said bridge or bridges after the bonds have been retired and paid. Effective: June 17, 1954 History: Created 1954 Ky. Acts ch. 199, sec. 1, effective June 17, 1954.

KRS 180.106 Department may repair, enlarge or reconstruct interstate bridge without contribution from other state -- Tolls

180.106. Department may repair, enlarge or reconstruct interstate bridge without 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 department, which at the time is being maintained and operated at the expense of the department without contribution from the other state concerned or any of its instrumentalities, and may continue or reimpose, charge, and collect tolls for traffic over such interstate bridge for the purpose of paying the cost thereof, including the cost of any bonds issued for such purposes. Effective: June 17, 1954 History: Created 1954 Ky. Acts ch. 199, sec. 2, effective June 17, 1954.

KRS 180.110 Bonds to be secured by lien on bridge revenues -- State not to be obligated

180.110. Bonds to be secured by lien on bridge revenues -- State not to be obligated (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 shall be given in favor of the bonds upon any bridge or real estate appurtenant thereto. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s-4, 4356s-17.

KRS 180.120 Bridges to be united in one project to pay bonds

180.120. Bridges to be united in one project to pay bonds 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 bridges are paid, and so that all such tolls shall be used for the payment of the principal and interest of all such bonds. But no bridge already purchased or built by or for the state shall be included in such bond issue. The lien of the bonds for any such united project shall be a lien upon the gross tolls and other revenues of all of the bridges in the project. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s-18, 4356s-37.

KRS 180.130 Maintenance and operation of bridges -- Cost of bridge may be paid from bridge tolls or appropriations

180.130. Maintenance and operation of bridges -- Cost of bridge may be paid from 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, however, that while any such bonds are outstanding the department may be reimbursed for such cost out of the bridge tolls and revenues, if and to the extent permitted by the trust indenture for such bonds, and otherwise may be so reimbursed by the continuation of tolls for traffic over the pertinent bridge or bridges after the bonds are retired, but no longer than necessary to pay such costs as may have been borne by the department during the life of the bonds. (2) The department may pay from its appropriations any part of the cost of any bridges for which the bonds are issued. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 202, sec. 1, effective June 17, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s- 28, 4356s-29.

KRS 180.140 Bonds to be advertised and sold to highest bidder

180.140. Bonds to be advertised and sold to highest bidder (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 which the face amount may be determined prior to the delivery of the bonds. (3) Bids may be invited at the same time for the bonds of more than one (1) bridge project, and a bid may cover more than one (1) project. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s-10, 4356s-20.

KRS 180.150 Bonds not to be delivered until conditions are met

180.150. Bonds not to be delivered until conditions are met (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 happening of specified traffic conditions, no bonds to pay any of the cost of the bridge for which the bonds are to be issued shall be delivered until the happening of such conditions or the appropriation and allocation of sufficient funds for the happening thereof, unless the original purchasers consent to delivery. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-21.

KRS 180.160 Department may impose and agree to conditions in sale of bonds -- Duration of contract

180.160. Department may impose and agree to conditions in sale of bonds -- 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 covenant of the department that within the period the purchasers are required or permitted to accept and pay for bonds purchased but remaining undelivered, and for six (6) months thereafter, the department will not advertise for sale, sell or issue any bonds or other obligations payable from bridge tolls without the purchasers' consent. No such covenant shall extend beyond the biennial period in which the contract is made. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-19.

KRS 180.170 Department may contract to maintain bridges and not to alienate them

180.170. Department may contract to maintain bridges and not to alienate them 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 or bridges in the project for which the bonds are issued. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-31.

KRS 180.180 Department may carry insurance on bridges

180.180. Department may carry insurance on bridges (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 construction, which bridge is being built by the commission and not by contract. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-12.

KRS 180.190 Department may contract to keep bridges insured

180.190. Department may contract to keep bridges insured 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 an "all-risk coverage" policy either for the full insurable value or for the face value of the bonds outstanding for such project, whichever is the lesser amount. The department may also contract to carry, during the same period, insurance policies in companies satisfactory to the bondholders, covering the use and occupancy of the bridges in such project, in an amount sufficient to provide an income for one (1) year equal to at least one (1) year's interest upon the bonds then outstanding. The premium upon the policies shall be paid from appropriations out of the state road fund unless other provision for payment, but not out of bridge tolls and revenues, is made by law. The department may carry insurance of a lesser extent or amount if adequate in the judgment of the department and the original purchasers of the bonds. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-27.

KRS 180.200 Temporary bonds may be issued

180.200. Temporary bonds may be issued 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 be attached to the temporary bonds. The interest upon the temporary bonds shall be payable under such conditions as the department determines and the temporary bonds shall be exchangeable for bonds issued under KRS 180.070 when prepared and executed. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-22.

KRS 180.210 Auditing of bonds and accounts

180.210. Auditing of bonds and accounts 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 and disbursements of bridge tolls, the purchase and redemption of bonds and the amounts deposited in banks and trust companies. Reports of such audits shall be open to the inspection of all persons interested and copies thereof shall be furnished the original purchasers of the bonds and the trustee provided for in KRS 180.220. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-30.

KRS 180.220 Trustee to be appointed -- Trust indenture

180.220. Trustee to be appointed -- Trust indenture (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 function as trustee, it shall have a combined capital and surplus of at least one million dollars ($1,000,000). The trustee shall be satisfactory to the original purchasers of the bonds. (3) The trust indenture may contain those provisions customarily found in trust agreements securing the bonds and debentures of corporations, and shall set forth the duties and covenants of the department in respect to bridges to be constructed or purchased and the conservation and application of funds and the insurance of money on hand or on deposit and the rights and remedies of the trustee and the holders of the bonds, restricting in reasonable manner the individual right of action of bondholders in favor of action in their behalf by the trustee and purchasers. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-33.

KRS 180.230 New bonds may be issued for mutilated, lost or destroyed bonds

180.230. New bonds may be issued for mutilated, lost or destroyed bonds The department may issue new bonds in lieu of bonds mutilated, lost or destroyed under such terms and conditions as it determines. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-32.

KRS 180.240 Highway bridge fund -- Use of fund

180.240. Highway bridge fund -- Use of fund 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, specifications, purchasing real estate, exercising the rights of eminent domain, issuing and selling of bonds, the payment for labor and material and all expenses necessary to begin the construction of a bridge, and all other purposes specifically set out or reasonably implied in KRS 180.020 to 180.240, including the acquisition or building of bridges. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-13.

KRS 180.250 KRS 180.020 to 180.240 not to conflict with federal laws or orders

180.250. KRS 180.020 to 180.240 not to conflict with federal laws or orders 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 any officer, commission, or board of government of the United States. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-23.

KRS 180.260 Department may acquire ferries to protect toll bridges

180.260. Department may acquire ferries to protect toll bridges (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 ferry acquired under subsection (1) of this section shall be paid for out of appropriations out of the state road fund. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356s-39, 4356s-40.

KRS 180.270 Condemnation of competing ferries

180.270. Condemnation of competing ferries 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 be in the name of the state, under the procedure set out in the Eminent Domain Act of Kentucky. In the proceedings the department shall be represented by the Attorney General and by the county attorney of the county in which the proceedings are filed. Where the ferry operates between two (2) counties the proceedings may be filed in either county. History: Amended 1976 Ky. Acts ch. 140, sec. 82. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356s-41.

KRS 180.272 Definition for KRS 180.272 to 180.278

180.272. Definition for KRS 180.272 to 180.278 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. History: Created 1962 Ky. Acts ch. 305, sec. 1.

KRS 180.274 Application of KRS 180.272 to 180.278

180.274. Application of KRS 180.272 to 180.278 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 federal government. History: Created 1962 Ky. Acts ch. 305, sec. 2.

KRS 180.276 Acquisition of ferries near interstate bridges -- Valuation

180.276. Acquisition of ferries near interstate bridges -- Valuation 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, commission or administrative body so authorized to construct, operate and maintain any such interstate bridge shall purchase the ferry, equipment, franchises, rights and privileges used in connection with the operation of any ferry which has been in continuous operation for at least fifteen (15) years prior thereto and which is located within five (5) miles of the site of said bridge, and pay the owner therefor a fair cash value; provided, that in the event such agency, commission or administrative body and the owner of such ferry shall be unable to agree upon a fair cash value, the valuation of such property shall be determined by three (3) persons; one (1) to be selected by the agency authorized to make such construction, one (1) to be selected by the owners of the ferry and the third to be selected by these two (2). The ferry shall be valued as a going concern, but no allowance shall be made for future growth. In the event the owner of such ferry shall not agree to the establishment of such valuation according to the foregoing method, then in such event, the agency, commission or administrative body shall not be required to purchase such assets from the owner of the ferry. History: Created 1962 Ky. Acts ch. 305, sec. 3.

KRS 180.278 Agreement upon party to undertake acquisition of ferries

180.278. Agreement upon party to undertake acquisition of ferries 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 parties to such joint venture or undertaking shall agree as to which of them shall proceed to acquire a ferry or ferries, as referred to in KRS 180.276. History: Created 1962 Ky. Acts ch. 305, sec. 4.

KRS 180.280 Bridges and tunnels -- When part of primary road system

180.280. Bridges and tunnels -- When part of primary road system 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 to the construction of primary roads shall be construed to include bridges and tunnels, except that bids for the construction or reconstruction of only one (1) type of bridge or tunnel shall be received and only one (1) type shall be advertised, based on the plans and specifications for the particular bridge or tunnel. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356sa-1.

KRS 180.290 Bridges and tunnels crossing boundary streams -- Cooperation with other governmental agencies

180.290. Bridges and tunnels crossing boundary streams -- Cooperation with other 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 across or tunnels under any boundary line stream of this state for the purpose of connecting any primary road of this state with a hard surface road or street in an adjoining state. In constructing bridges across or tunnels under any such boundary line stream, the department may locate the bridge or tunnel at any point it deems wise, but the bridge or tunnel shall not be located further than ten (10) miles from the terminus of the primary road intended to be reached by the bridge or tunnel. The department may construct any road necessary to connect a bridge or tunnel with the primary road intended to be served thereby. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356sa-2.

KRS 180.300 Contract with other governmental agencies for acquisition and maintenance of bridges and tunnels

180.300. Contract with other governmental agencies for acquisition and 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 surface road or street in an adjoining state, when the adjoining state or a subdivision thereof or county or city in this state, or the United States joins with the department in the purchase or lease of the bridge or tunnel and jointly or severally contributes to the purchase price or the annual rental price thereof, an amount equal to or in excess of the amount which the department proposes to expend for the purchase or lease of the connecting bridge or tunnel. When the bridge or tunnel is so purchased or leased, the department shall enter into a contract with the other cooperating governments or subdivisions for the joint maintenance of the bridge or tunnel. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356sa-3.

KRS 180.310 Agreement as to amount each party to contribute -- Payment

180.310. Agreement as to amount each party to contribute -- Payment 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 the department and by the other contributing parties. When the contract of purchase or lease and the agreement apportioning the purchase price or annual rental is approved by the Attorney General of this state, the department shall deliver a copy of the contract of purchase or lease and the agreement of apportionment to the Finance and Administration Cabinet, which shall draw a warrant on the State Treasurer at the time and for the amount provided in the purchase or lease contract and agreement of apportionment. The warrant shall specify that it is to be payable only out of the state highway road funds, and it shall be delivered to the seller or owner of the bridge or tunnel concurrently with the warrants or vouchers of the other contributing parties. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356sa-3.

KRS 180.320 Repealed, 1984

180.320. Repealed, 1984 Catchline at repeal: Persons crossing toll bridges and ferries must pay toll. History: Repealed 1984 Ky. Acts ch. 113, sec. 8, effective July 13, 1984. -- Amended 1944 Ky. Acts ch. 112, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356zb-2.

KRS 180.330 Repealed, 1984

180.330. Repealed, 1984 Catchline at repeal: Collectors of tolls to have powers of peace officers; limitation. History: Repealed 1984 Ky. Acts ch. 113, sec. 8, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4356zb-4, 4356zb-5.

KRS 180.340 Oath of collector of tolls -- Approval and filing

180.340. Oath of collector of tolls -- Approval and filing 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 which the collector resides, or in the office of the department, and shall be approved by the commissioner of highways. The original or a certified copy of the oath shall be duly filed and entered of record in the office of the department. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 321, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. IV, sec. 20(1). -- Amended 1946 Ky. Acts ch. 27, sec. 41. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356zb-5.

KRS 180.350 Department may prescribe rules and regulations

180.350. Department may prescribe rules and regulations The department may make and promulgate rules and regulations necessary to effectuate the purpose of KRS 180.320 to 180.340. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356zb-6.

KRS 180.990 Repealed, 1986

180.990. Repealed, 1986 Catchline at repeal: Penalties. History: Repealed 1986 Ky. Acts ch. 331, sec. 63, effective July 15, 1986. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356zb-2.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38006Fetched: 10/20/2026