Ky. Rev. Stat. § 136.010

Definitions for chapter, except KRS 136.500 to 136.575

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As used in this chapter, except for KRS 136.500 to 136.575, unless the context requires otherwise: (1) "Out-of-state business property" means all real and personal property having a taxable situs outside this state owned by a corporation for use in the active conduct of a trade or business; (2) "Personal property" means every species and character of property, tangible and intangible, other than real property; (3) "Real property": (a) Means all lands within this state and improvements thereon; and (b) Includes but is not limited to mains, pipes, pipelines, and conduits that are: 1. Authorized to be installed in, upon, or under any public or private street or place; and 2. Used or to be used for or in connection with the collection, transmission, distribution, conducting, sale, or furnishing of heat, steam, water, sewage, natural or manufactured gas, or electricity to or for the public; and (4) "Tax exempt United States obligations" means all obligations of the United States exempt from taxation under 31 U.S.C. sec. 3124(a) or exempt under the United States Constitution or any federal statute including the obligations of any instrumentality or agency of the United States which are exempt from state or local taxation under the United States Constitution or any statute of the United States. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 98, sec. 5, effective June 27, 2025. -- Amended 2024 Ky. Acts ch. 200, sec. 4, effective April 17, 2024. -- Amended 1996 Ky. Acts ch. 254, sec. 29, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 333, sec. 1, effective July 14, 1992. -- Amended 1984 Ky. Acts ch. 264, sec. 1, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4022. Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 98, sec. 38, reads as follows: "A claim for refund or credit of a tax overpayment for any taxable period made by an amended return, tax refund application, or any other method on or after the effective date of this Act [June 27, 2025], and based on the amendments to subsection (3) of Section 4 of this Act [KRS 132.010] or subsection (3) of Section 5 of this Act [this section], shall not be recognized for any purpose." Legislative Research Commission Note (6/27/2025). 2025 Ky. Acts ch. 98, sec. 39, provides that the amendments to this statute and KRS 132.010 in that Act shall apply retroactively to property assessed on or after December 31, 2022. Legislative Research Commission Note (4/17/2024). Under the authority of KRS 7.136, the reviser of statutes has changed the internal numbering of this statute to place the definitions in alphabetical order. The words in the statute were not changed.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: Department of Revenue, Finance and Administration Cabinet, Commonwealth of Kentucky v. Marathon Pipe Line, LLC

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Department of Revenue, Finance and Administration Cabinet, Commonwealth of Kentucky v. Marathon Pipe Line, LLC (2022) kyctapp · cites it 2× “KRS 136.010(1) defines real property as “all lands within this state and improvements thereon.”

— Ky. Rev. Stat. § 136.010(1) — 1 case

Department of Revenue, Finance and Administration Cabinet, Commonwealth of Kentucky v. Marathon Pipe Line, LLC (2022) kyctapp “KRS 136.010(1) defines real property as “all lands within this state and improvements thereon.”

— Ky. Rev. Stat. § 136.010(2) — 1 case

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