Kentucky Revised Statutes

Ky. Rev. Stat. § 178.080 (2026)

Establishment and alteration of public roads, bridges and landings, upon

✓ current as of May 2026

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petition. (1) When any person desires the establishment or alteration of a public road, bridge or landing, he shall petition the fiscal court setting forth in his petition specifically the nature and location of the proposed work. The court shall thereupon appoint two (2) viewers who, together with the county road engineer, shall view the ground and report in writing the advantages and disadvantages which, in their opinion, will result to the individual and to the public from the proposed work and the grades and bearings of the proposed road, and other facts and circumstances that may enable the fiscal court to determine whether the work ought to be undertaken by the county. (2) If the petition is for the establishment or alteration of a public road leading from a main public road, the report shall set out whether such road should be established, stating specifically whether it would be necessary to take any burying ground, garden, yard, orchard, or any part thereof, or to injure or destroy any buildings and the probable cost of the work, the names of the landowners whose property would have to be taken or injured, which of them would require compensation and the probable amount to which each would be entitled. They shall make careful examination of routes or locations other than that proposed or petitioned for, keeping in view the possible future development of the county and the accommodations of the general traveling public, and shall report to the fiscal court at a public meeting in favor of the one they prefer, giving reasons for the preference. A map giving the grades and bearings of the routes or locations shall be returned with the report. (3) If it appears to the fiscal court that the interests of the general public may be furthered thereby, the fiscal court shall personally examine the proposed work. If the court decides to undertake the proposed work the county judge/executive shall appoint a day for hearing the parties interested, and cause notices thereof to be given to all interested parties. (4) If the county judge/executive at any time has sufficient evidence before him to enable him to ascertain what would be a just compensation to the proprietors and tenants, and if the proprietors and tenants are willing to accept what the county judge/executive deems just, the county judge/executive, upon such acceptance being reduced to writing and signed by the proprietors and tenants, may determine to undertake the work, subject to the consent and approval of the fiscal court. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 5, effective July 13, 2004. -- Amended 1978 Ky. Acts ch. 384, sec. 306, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 167, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4301.

Notes of Decisions

Cited in 8 cases, 1942–2013 · leading case: Cary v. Pulaski Cnty. Fiscal Court, 420 S.W.3d 500 (Ky. Ct. App. 2013).

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Cary v. Pulaski Cnty. Fiscal Court, 420 S.W.3d 500 (Ky. Ct. App. 2013). · cites it 7× “In their motion they pointed out that, in light of what was produced during discovery, the Fiscal Court had failed to demonstrate that it had ever “established” Edward Meece Road as a county road pursuant to KRS 178.080 or 178.115 or otherwise formally accepted Edward Meece Road…”

Sarver v. Cnty. of Allen Ex Rel. Fiscal Court, 582 S.W.2d 40 (Ky. 1979). “KRS 178.080. This litigation originated in an order adopted by the Allen Fiscal Court on August 16, 1976, formally accepting as a part of the county road system “that certain roadway leading from the Macedonia Ridge Road (Ky.”

Smallwood v. Hardin Cnty., 184 S.W.2d 230 (Ky. Ct. App. 1944). · cites it 6× “On this appeal counsel for appellant makes no reference to alleged errors in the instructions of the court to the jury, devoting his entire brief to: (a) The non-necessity for the establishment of the proposed projected highway, and (b) that the applicable procedure for such…”

Blankenship v. Acton, 159 S.W.3d 330 (Ky. Ct. App. 2004). “KRS 178.080. 8 The Court in Sarver went on to hold that while a county road is necessarily a public road, not all public roads are county roads.”

Thompson v. Fayette Cnty., 302 S.W.2d 550 (Ky. Ct. App. 1957). · cites it 2× “Appellees assert the action taken was simply a first step in the opening of this street prior to condemnation, and the resolution itself did not effect a “taking” of property rights.”

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.”

McCreary Cnty. Fiscal Court v. Roberts, 166 S.W.2d 977 (Ky. Ct. App. 1942). · cites it 4× “Appellee contends that the crossing cannot be closed or abandoned except in the manner provided by Sections 178.080, 178.090, KRS (Sections 4301, 4302, Carroll’s Kentucky Statutes) which it is admitted by all the parties was not followed in the instant case.”

McCowan v. Bond, 249 S.W.2d 536 (Ky. Ct. App. 1952). · cites it 2× “This action appears to have ¡been taken in conformity with the provisions of KRS 178.080. The next day a notice was published in the local newspaper to the effect that a hearing would be had on this petition September 6.”

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