Kentucky Revised Statutes

Ky. Rev. Stat. § 177.870 (2026)

Violations declared a public nuisance

✓ current as of May 2026

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Any advertising device erected, maintained, replaced, relocated, repaired or restored in violation of KRS 177.830 to 177.890 is hereby declared to be, and is, a public nuisance and such device may without notice be abated and removed by any officer or employee of the state Department of Highways or upon request of the commissioner by any peace officer. Effective:March 18, 2021 History: Repealed and reenacted 2021 Ky. Acts ch. 44, sec. 8, effective March 18, 2021. -- Created 1960 Ky. Acts ch. 175, sec. 5, effective June 16, 1960.

Notes of Decisions

Cited in 6 cases, 1977–2020 · leading case: United Sign, Ltd. v. Commonwealth, 44 S.W.3d 794 (Ky. Ct. App. 2000).

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United Sign, Ltd. v. Commonwealth, 44 S.W.3d 794 (Ky. Ct. App. 2000). · cites it 2× “” KRS 177.870. KRS 177.870 “gives the Commonwealth [i.”

Owensboro Metro. Bd. of Adjustments v. Midwest Outdoor Advert., Inc., 729 S.W.2d 446 (Ky. Ct. App. 1987). · cites it 2× “The suit also requested that a writ of mandamus be issued against the Transportation Cabinet, ordering the cabinet to remove the sign as a public nuisance pursuant to KRS 177.870. Following a bench trial, the Daviess Circuit Court concluded that the sign did not flash and…”

Commonwealth, Dep't of Transp. v. Cent. Kentucky Angus Ass'n, 555 S.W.2d 627 (Ky. Ct. App. 1977). “830(5) but were directional signs and permanently enjoined the Department of Transportation from removing the signs pursuant to KRS 177.870. KRS 177.830(5) defines an advertising device as any billboard, sign, notice, poster, display or other device intended to attract the…”

Commonwealth, Transp. Cabinet, Dep't of Highways v. G.L.G., Inc., 937 S.W.2d 709 (Ky. 1997). “failed to remove the billboard within 30 days as directed by the Cabinet, the Cabinet claimed that the billboard was a public nuisance in violation of KRS 177.870 and sought fines and an injunction for its removal.”

LeMaster v. Powell (E.D. Ky. 2020). · cites it 2× “(citing KRS 177.870). There is no question that LeMaster is not a state employee or a peace officer, and she provides no authority for the proposition that a private citizen may exercise power specifically delegated to certain public employees.”

Commonwealth, Transp. Cabinet, Dep't of Highways v. Tri-State Poster Advert. Co., 697 S.W.2d 169 (Ky. Ct. App. 1985). “KRS 177.870. Ap-pellee asserts (1) the trial court’s findings of fact and conclusions of law do not rest upon an estoppel theory but are based upon a finding that Tri-State has substantially complied with the statutory requirements, (2) prosecution for a violation of the statute…”

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