Kentucky Statutes 100.361 – Construction of chapter
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(1) Nothing in this chapter shall apply or affect zoning regulations adopted pursuant to
KRS Chapter 183.
(2) Nothing in this chapter shall impair the sovereignty of the Commonwealth of Kentucky over its political subdivisions. Any proposal affecting land use by any department, commission, board, authority, agency, or instrumentality of state government shall not require approval of the local planning unit. However, adequate information concerning the proposals shall be furnished to the planning commission by the department, commission, board, authority, agency, or instrumentality of state government. If the state proposes to acquire, construct, alter, or lease any land or structure to be used as a penal institution or correctional facility, and the proposed use is inconsistent with or contrary to local planning regulations or the comprehensive plan for the area, the secretary of the Justice and Public Safety Cabinet, or his or her designee, shall notify, in accordance with KRS § 424.180, the planning commission, the local governing body who has jurisdiction over the area involved, and the general public of the state’s proposals for the area, and he or she shall hold a public hearing on the proposals within the area at least ninety (90) days prior to commencing the acquisition, construction, alteration, or leasing. A final report on the public hearing shall be submitted to the Governor and members of the General Assembly within twenty-five (25) days of the public hearing, and prior to commencing any construction, alteration, acquisition, or leasing of such property or facilities.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 157, effective June 26, 2007. — Amended
1992 Ky. Acts ch. 211, sec. 15, effective July 14, 1992. — Amended 1984 Ky. Acts ch. 178, sec. 1, effective July 13, 1984. — Created 1966 Ky. Acts ch. 172, sec. 89.
KRS Chapter 183.
Terms Used In Kentucky Statutes 100.361
- Board: means the board of adjustment unless the context indicates otherwise. See Kentucky Statutes 100.111
- Commission: means planning commission. See Kentucky Statutes 100.111
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Structure: means anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground, including buildings and signs. See Kentucky Statutes 100.111
- Unit: means planning unit. See Kentucky Statutes 100.111
(2) Nothing in this chapter shall impair the sovereignty of the Commonwealth of Kentucky over its political subdivisions. Any proposal affecting land use by any department, commission, board, authority, agency, or instrumentality of state government shall not require approval of the local planning unit. However, adequate information concerning the proposals shall be furnished to the planning commission by the department, commission, board, authority, agency, or instrumentality of state government. If the state proposes to acquire, construct, alter, or lease any land or structure to be used as a penal institution or correctional facility, and the proposed use is inconsistent with or contrary to local planning regulations or the comprehensive plan for the area, the secretary of the Justice and Public Safety Cabinet, or his or her designee, shall notify, in accordance with KRS § 424.180, the planning commission, the local governing body who has jurisdiction over the area involved, and the general public of the state’s proposals for the area, and he or she shall hold a public hearing on the proposals within the area at least ninety (90) days prior to commencing the acquisition, construction, alteration, or leasing. A final report on the public hearing shall be submitted to the Governor and members of the General Assembly within twenty-five (25) days of the public hearing, and prior to commencing any construction, alteration, acquisition, or leasing of such property or facilities.
Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 157, effective June 26, 2007. — Amended
1992 Ky. Acts ch. 211, sec. 15, effective July 14, 1992. — Amended 1984 Ky. Acts ch. 178, sec. 1, effective July 13, 1984. — Created 1966 Ky. Acts ch. 172, sec. 89.