(1) Except as otherwise provided in this section and in KRS 177.070, all cost of
acquiring any necessary land or right-of-way for primary road purposes and all
damages incurred shall be paid by the county.
(2) Temporary rights-of-way and private surfaced roads, other than those owned by the
county, which are acquired for primary road purposes shall be paid for by the state.
(3) When a highway has been located by the department and a right-of-way procured by
the county and accepted by the department, any additional right of way required by
the department as a result of a change in the highway may be acquired by the
department and shall be paid for by the state unless it is a road owned by the county.
(4) The cost of acquiring right-of-way for initial construction of industrial access roads,
state park access roads and other roads the construction of which would best serve
the interests of the Commonwealth in promoting economic and industrial growth
shall be paid by the state.
History: Amended 1962 Ky. Acts ch. 163, sec. 1. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4356t-7.
Notes of Decisions
Kentucky Bell Corp. v. Commonwealth, 172 S.W.2d 661 (Ky. Ct. App. 1943).
· cites it 5× “It might be well to note here that KRS 177.060 provides : “All cost of acquiring any necessary land or right of way for primary road purposes and all damages incurred shall be paid by the county.”
Commonwealth, Dep't of Highways v. Davidson, 383 S.W.2d 346 (Ky. Ct. App. 1964).
· cites it 2× “Appellant presents these points as bases for reversal: (1) The Davidsons are es-topped by the deeds granting right of way; (2) KRS 177.060 precludes this action against the Department of Highways; and (3) the evidence was not sufficient to sustain the verdict.”
Lehman v. Williams, 193 S.W.2d 161 (Ky. Ct. App. 1946).
“On appeal the judgment was affirmed, both as to the Commonwealth and the County, on the ground there was evidence to support the jury’s finding that the plaintiff had been fully compensated for the property taken, and on the further ground as to the Commonwealth that KRS 177.”
Commonwealth v. Tate, 181 S.W.2d 418 (Ky. Ct. App. 1944).
“The Commonwealth contends that the appellees had an adequate remedy at law under KRS 177.060, which provides that all cost of acquiring any necessary land or right of way for primary road purposes and all damages incurred shall be paid .”
Commonwealth, Dep't of Highways v. Thacker, 384 S.W.2d 79 (Ky. Ct. App. 1964).
· cites it 5× “Accordingly, the Department, giving its consent, caused a survey to be made and plans to be prepared and, having done this, the Fiscal Court of Perry County, in conformity with KRS 177.060(1), set about to obtain the necessary right of way.”
Dep't of Highways v. Current, 184 S.W.2d 879 (Ky. Ct. App. 1944).
· cites it 5× “In the application of KRS 177.060 it is necessary to observe all the paragraphs thereof.”
Dep't of Highways v. Corey, 247 S.W.2d 389 (Ky. Ct. App. 1952).
· cites it 2× “070, all cost of acquiring any necessary land or right of way for primary road purposes and all damages incurred shall be paid by the county”, the Highway Department contends that the County is the proper party to be sued in this action.”
Philpott v. Monroe Cnty., 168 S.W.2d 749 (Ky. Ct. App. 1943).
· cites it 2× “(KRS 177.060)],, and that alone, unless it acts independently as in the foregoing cases.”
Cantrell v. Pike Cnty., 255 S.W.2d 988 (Ky. Ct. App. 1953).
“The liability of a county for the payment of compensation for the taking of private property in the construction of a State highway is fixed by KRS 177.060, which, so far as pertinent, provides as follows : “Except as otherwise provided in this section and in KRS 177.”
Commonwealth, Dep't of Highways v. Alexander, 388 S.W.2d 599 (Ky. Ct. App. 1965).
· cites it 2× “Subsequently the county simply abandoned the proceedings, apparently hoping that by artful dodging it could escape the obligation under KRS 177.060 to pay for the rights of way.”
— Ky. Rev. Stat. § 177.060(1) — 3 cases
Commonwealth, Dep't of Highways v. Thacker, 384 S.W.2d 79 (Ky. Ct. App. 1964).
“Accordingly, the Department, giving its consent, caused a survey to be made and plans to be prepared and, having done this, the Fiscal Court of Perry County, in conformity with KRS 177.060(1), set about to obtain the necessary right of way.”
Dep't of Highways v. Corey, 247 S.W.2d 389 (Ky. Ct. App. 1952).
“070, all cost of acquiring any necessary land or right of way for primary road purposes and all damages incurred shall be paid by the county”, the Highway Department contends that the County is the proper party to be sued in this action.”
Commonwealth, Dep't of Highways v. Alexander, 388 S.W.2d 599 (Ky. Ct. App. 1965).
“Subsequently the county simply abandoned the proceedings, apparently hoping that by artful dodging it could escape the obligation under KRS 177.060 to pay for the rights of way.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.