Kentucky Statutes 178.415 – Fee simple title in county — Minimum width
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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.
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.
Terms Used In Kentucky Statutes 178.415
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
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.