The fiscal court may direct any county road to be discontinued. Notice must be published,
according to the provisions of KRS 178.050, and in addition, notices must be placed at
three (3) prominent and visible public places within one (1) mile of the road. After
posting the notices, the fiscal court shall appoint two (2) viewers who have no vested
interest in the discontinuance of the road and who, together with the county road
engineer, shall view the road and report in writing at the hearing what inconvenience
would result from the discontinuance. Upon presentation of the report and other
evidences, if any, at a public meeting of the fiscal court, the court may discontinue the
road.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 61, sec. 4, effective July 13, 2004. -- Amended
1964 Ky. Acts ch. 68, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 4300.
Notes of Decisions
Bailey v. Preserve Rural Roads of Madison Cnty., Inc., 394 S.W.3d 350 (Ky. 2011).
· cites it 14× “FACTS AND BACKGROUND INFORMATION On August 23, 2005, the Madison Fiscal Court voted to discontinue maintenance on the county road known as Dunbar Branch Road pursuant to KRS 178.070 due to high maintenance costs.”
Cary v. Pulaski Cnty. Fiscal Court, 420 S.W.3d 500 (Ky. Ct. App. 2013).
· cites it 2× “One unpublished opinion has utilized it to presume that, in the absence of a showing to the contrary, the two individuals assigned to view a road and report whether the road should be discontinued, per KRS 178.070, were adequately “disinterested.”
Ex Parte Commonwealth, 291 S.W.2d 814 (Ky. Ct. App. 1956).
· cites it 6× “The department filed a petition with the Hardin County Court, under KRS 178.070 to 178.100, asking that Hagan’s Lane be ■closed at the right of way lines of the Turnpike.”
Kentucky Props. Holding LLC v. Sproul, 507 S.W.3d 563 (Ky. 2016).
“In Bailey, the fiscal court decided to discontinue maintenance on a county road pursuant to KRS 178.070. 394 S.W.3d at 353 . Subsequently, a landowner attempted to block that road with a gate.”
Wright v. Flood, 200 S.W.2d 117 (Ky. Ct. App. 1947).
· cites it 4× “Appellee also contends that KRS 178.070, which confers upon county courts jurisdiction to discontinue county roads, is unconstitutional since it contains no provision for the compensation of any person whose property might be taken in the course of such proceeding.”
Blankenship v. Acton, 159 S.W.3d 330 (Ky. Ct. App. 2004).
“(4) If a county road has been discontinued under the provisions of KRS 178.070, then by a joint petition of all private parties entitled to necessary access the road shall be closed to public use but remain open in accordance with its condition and use for the access of the…”
Peers v. Cox, 356 S.W.2d 768 (Ky. Ct. App. 1961).
· cites it 3× “Subsection (2) of this statute provides for publication in a newspaper at least once a week for two consecutive weeks “next preceding” the hearing.”
Freeman v. Dugger, 286 S.W.2d 894 (Ky. Ct. App. 1956).
“The conclusion to be drawn from the above discussion is that the judgment erroneously fixed the boundary. It must be reversed for this reason, and the Court may hear further proof on the location of the stone marker.”
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.