Kentucky Revised Statutes

Ky. Rev. Stat. § 177.867 (2026)

Acquisition of billboards by state -- Compensation

✓ current as of May 2026

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(1) The commissioner of the Department of Highways is authorized to acquire by purchase, gift, or condemnation pursuant to the Eminent Domain Act of Kentucky and shall pay just compensation upon the removal of the following advertising devices: (a) Those lawfully in existence on October 22, 1965; (b) Those lawfully on any highway designated a part of the interstate or federal-aid primary system on or after October 22, 1965, and before January 1, 1968; (c) Those lawfully erected on or after January 1, 1968; (d) Those lawfully in existence on January 1, 1976; and (e) Those lawfully erected or maintained, or both, between January 1, 1976, and December 31, 1989. (2) Compensation shall be paid for the following: (a) The taking from the owner of any such advertising device of all right, title, leasehold, and interest in such advertising device; and (b) The taking from the owner of the real property on which the advertising device is located, of the right to erect and maintain such advertising devices thereon. Effective:March 18, 2021 History: Repealed and reenacted 2021 Ky. Acts ch. 44, sec. 7, effective March 18, 2021. -- Amended 1990 Ky. Acts ch. 398, sec. 3, effective April 9, 1990. -- Amended 1976 Ky. Acts ch. 80, sec. 4, effective March 29, 1976; and ch. 140, sec. 77. -- Amended 1968 Ky. Acts ch. 178, sec. 3. -- Created 1966 Ky. Acts ch. 76, sec. 5.

Notes of Decisions

Cited in 2 cases, 1996–1999 · leading case: Flying J Travel Plaza v. Commonwealth, Transp. Cabinet, Dep't of Highways, 928 S.W.2d 344 (Ky. 1996).

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Flying J Travel Plaza v. Commonwealth, Transp. Cabinet, Dep't of Highways, 928 S.W.2d 344 (Ky. 1996). · cites it 2× “They state that they have *346 not violated the statute or regulations and that KRS 177.867 requires that compensation be paid to them for the enforcement of 603 KAR 3:010 § 3(1)(h).”

Whiteco Metrocom Corp. v. Commonwealth Transp. Cabinet, Dep't of Highways, 14 S.W.3d 24 (Ky. Ct. App. 1999). “§ 13; KRS 177.867. I would remand this case for appropriate condemnation proceedings consistent with this opinion.”

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