(1) As used in this chapter, unless the context otherwise requires:
(a) "Construction" includes reconstruction and improvement;
(b) "County roads" are public roads which have been formally accepted by the
fiscal court of the county as a part of the county road system, or private roads,
streets, or highways which have been acquired by the county pursuant to
subsection (3) of this section or KRS 178.405 to 178.425. "County roads"
includes necessary bridges, culverts, sluices, drains, ditches, waterways,
embankments or retaining walls; and
(c) "Hard surface road" means a road the surface of which is asphalt, brick, stone
block, macadam, concrete, gravel or other material of equal merit.
(2) Nothing in this chapter shall be construed to take from the jurisdiction or control of
the legislative body of any incorporated city any road, bridge, landing or wharf, or
any other thing exclusively under the jurisdiction or control of the city.
(3) Nothing in this chapter shall prevent any fiscal court from acquiring unimproved
land by gift for public purposes. However, on and after July 13, 2004, a fiscal court
may only accept a private road, street, or highway by gift if the private road, street,
or highway has been constructed to meet minimum construction standards
established by the fiscal court.
(4) Nothing in this chapter, including the fact that a municipal street has not been
accepted into the county road system, shall prevent any county from entering into an
agreement, pursuant to the provisions of KRS 65.210 to 65.300, with any city
located within the county to perform work upon or to provide personnel, materials
or equipment for work to be performed upon any street located within the city. A
county may pay one hundred percent (100%), or a lesser percentage, of all or any
part of the cost of the joint undertaking, based upon the terms agreed to in the
interlocal cooperative agreement required by this subsection.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 61, sec. 1, effective July 13, 2004. -- Amended
2000 Ky. Acts ch. 82, sec. 2, effective July 14, 2000. -- Amended 1986 Ky. Acts ch.
278, sec. 2, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 7, sec. 1, effective
July 13, 1984. -- Amended 1980 Ky. Acts ch. 243, sec. 2, effective July 15, 1980. --
Amended 1978 Ky. Acts ch. 384, sec. 303, effective June 17, 1978. -- Amended
1976 Ky. Acts ch. 272, sec. 7. -- Amended 1970 Ky. Acts ch. 87, sec. 1. -- Amended
1964 Ky. Acts ch. 68, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 4287, 4294, 4297, 4307.
Legislative Research Commission Note (7/14/2000). The reference to "KRS 65.220 to
65.300" in subsection (4) of this section has been changed back to its original form of
"KRS 65.210 to 65.300." Subsection (4) was added to this statute by 1984 Ky. Acts
ch. 7, sec. 1, and contained the reference to "KRS 65.210 to 65.300." Although the
amendment of the statute by 1986 Ky. Acts ch. 278, sec. 2 did not change this
reference, it was altered to "KRS 65.220 to 65.300" in the codification of that Act.
Because it is clear from an examination of KRS Chapter 65 that the range in question
is KRS 65.210 to 65.300 and no reason is given or can be determined for altering the
text as originally enacted, the original text of the reference has been restored.
Notes of Decisions
Cary v. Pulaski Cnty. Fiscal Court, 420 S.W.3d 500 (Ky. Ct. App. 2013).
· cites it 4× “080(2)(b) and KRS 178.010 et seq., it can reasonably be assumed that the same presumption now works in favor of fiscal courts.”
Gosney v. Glenn, 163 S.W.3d 894 (Ky. Ct. App. 2005).
“The current version of KRS 178.010(l)(b) defines “county roads” as “public roads which have been formally accepted by the fiscal court of the county as a part of the county road system,.”
Sarver v. Cnty. of Allen Ex Rel. Fiscal Court, 582 S.W.2d 40 (Ky. 1979).
· cites it 2× “” According to KRS 178.010, “ ‘County roads’ are public roads which have been accepted by the fiscal court of the county as a part of the county road system”.”
Blankenship v. Acton, 159 S.W.3d 330 (Ky. Ct. App. 2004).
· cites it 3× “5 In fact, prior to its 1964 amendment, KRS 178.010 defined county roads as “all public roads outside the incorporated cities, except primary roads and federal parkways,” but the current version of KRS 178.”
Kentucky Props. Holding LLC v. Sproul, 507 S.W.3d 563 (Ky. 2016).
“Under KRS 178.010, ‘“[cjounty roads’ are public roads which have been formally accepted by the fiscal court of the county as a part of the county road system.”
Woodward v. Commonwealth, 984 S.W.2d 477 (Ky. 1999).
· cites it 2× “KRS 178.010(b) provides the only manner in which a road may become a county road.”
Fuqua v. United States, 869 F. Supp. 2d 814 (W.D. Ky. 2012).
· cites it 2× “” KRS § 178.010(1)(b). Without a formal order accepting the road, “though a road may be ‘public,’ it is not necessarily a ‘county road.”
Illinois Cent. R.R. v. Hopkins Cnty., 369 S.W.2d 116 (Ky. Ct. App. 1963).
“The trial judge found that the road is a county road under the authority of KRS 178.010(b), which provides : “ ‘County roads’ are all public roads outside of incorporated cities, except primary roads and Federal parkways.”
Porter v. Johnson Cnty. Judge/Exec., 357 S.W.3d 500 (Ky. Ct. App. 2010).
“KRS 178.010(l)(b), as amended in 1964, provides: “County roads” are public roads which have been formally accepted by the fiscal court of the county as a part of the county road system, or private roads, streets, or highways which have been acquired by the county pursuant to…”
Kemper v. Cooke, 576 S.W.2d 263 (Ky. Ct. App. 1979).
“A definition for “county roads” appears in KRS 178.010(l)(b), and it reads in part, “ ‘County roads’ are public roads which have been accepted by the fiscal court of the county as part of the county road system.”
Kentucky Props. Holding LLC v. Donald Sproul (Ky. 2017).
“While often used interchangeably in Kentucky jurisprudence, the terms “county road” and “public road” are not synonymous Under KRS 178.010, “‘[c]ounty roads’ are public roads Which have been formally accepted by the fiscal court of the county as a part of the county road system.”
— Ky. Rev. Stat. § 178.010(1)(b) — 3 cases
Fuqua v. United States, 869 F. Supp. 2d 814 (W.D. Ky. 2012).
“” KRS § 178.010(1)(b). Without a formal order accepting the road, “though a road may be ‘public,’ it is not necessarily a ‘county road.”
— Ky. Rev. Stat. § 178.010(2) — 1 case
— Ky. Rev. Stat. § 178.010(b) — 4 cases
Woodward v. Commonwealth, 984 S.W.2d 477 (Ky. 1999).
“KRS 178.010(b) provides the only manner in which a road may become a county road.”
Sarver v. Cnty. of Allen Ex Rel. Fiscal Court, 582 S.W.2d 40 (Ky. 1979).
“” According to KRS 178.010, “ ‘County roads’ are public roads which have been accepted by the fiscal court of the county as a part of the county road system”.”
Blankenship v. Acton, 159 S.W.3d 330 (Ky. Ct. App. 2004).
“5 In fact, prior to its 1964 amendment, KRS 178.010 defined county roads as “all public roads outside the incorporated cities, except primary roads and federal parkways,” but the current version of KRS 178.”
Illinois Cent. R.R. v. Hopkins Cnty., 369 S.W.2d 116 (Ky. Ct. App. 1963).
“The trial judge found that the road is a county road under the authority of KRS 178.010(b), which provides : “ ‘County roads’ are all public roads outside of incorporated cities, except primary roads and Federal parkways.”
— Ky. Rev. Stat. § 178.010(l)(b) — 6 cases
Gosney v. Glenn, 163 S.W.3d 894 (Ky. Ct. App. 2005).
“The current version of KRS 178.010(l)(b) defines “county roads” as “public roads which have been formally accepted by the fiscal court of the county as a part of the county road system,.”
Cary v. Pulaski Cnty. Fiscal Court, 420 S.W.3d 500 (Ky. Ct. App. 2013).
“080(2)(b) and KRS 178.010 et seq., it can reasonably be assumed that the same presumption now works in favor of fiscal courts.”
Blankenship v. Acton, 159 S.W.3d 330 (Ky. Ct. App. 2004).
“5 In fact, prior to its 1964 amendment, KRS 178.010 defined county roads as “all public roads outside the incorporated cities, except primary roads and federal parkways,” but the current version of KRS 178.”
Porter v. Johnson Cnty. Judge/Exec., 357 S.W.3d 500 (Ky. Ct. App. 2010).
“KRS 178.010(l)(b), as amended in 1964, provides: “County roads” are public roads which have been formally accepted by the fiscal court of the county as a part of the county road system, or private roads, streets, or highways which have been acquired by the county pursuant to…”
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.