Appeal.
(1) Whenever the fiscal court of any county deems it to be in the best interest of the
county to open, establish or alter the location of any public road, street, alley, ditch,
culvert, bridge or similar public way or structure in the county, the fiscal court shall
adopt a resolution setting forth the necessity for the public road or structure, and
thereupon the public road or structure shall be deemed opened, established or
altered, as the case may be, on behalf of the county. A certified copy of the
resolution shall be posted at the courthouse door of the county within five (5) days
after its adoption and a certified copy of the resolution shall be posted by the county
road engineer of the county along or at the proposed road or structure within five (5)
days after its adoption.
(2) In all cases where public roads or structures have been established, any person or
persons aggrieved thereby may prosecute an appeal from a resolution of the fiscal
court by filing a petition in equity in the Circuit Court of the county where the road
or structure is located setting forth his grievance, to which petition shall be attached
an attested or certified copy of the resolution. The petition shall be filed within
thirty-five (35) days from the date the resolution was entered. An appeal shall be
heard and decided by the court without the intervention of a jury. Any party so
appealing shall execute and file a bond for costs at the time such appeal is taken. An
appeal to the Court of Appeals may be taken in accordance with the Rules of Civil
Procedure.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 61, sec. 7, effective July 13, 2004. -- Amended
1960 Ky. Acts ch. 104, sec. 12, effective June 16, 1960. -- Created 1942 Ky. Acts ch.
128, secs. 1 and 2.
Notes of Decisions
Cary v. Pulaski Cnty. Fiscal Court, 420 S.W.3d 500 (Ky. Ct. App. 2013).
· cites it 3× “080 or KRS 178.115. In a response and cross-motion for summary judgment, the Fiscal Court declined to explain how it had gone about establishing Taylor Cemetery Road as a county road or acquiring any title or interest relating *512 thereto, and it produced no further…”
Kentucky Props. Holding LLC v. Sproul, 507 S.W.3d 563 (Ky. 2016).
“The fiscal court is empowered under KRS 178.115 to establish or alter the location of any public road or similar thoroughfare in the county.”
Whitley v. Robertson Cnty., 406 S.W.3d 11 (Ky. 2013).
· cites it 2× “It is worth noting that KRS 178.115 refers to fiscal court actions regarding public roads, as contrasted with a county road, and thus the Fiscal Court’s answer appears to be somewhat at odds with its underlying theory that the disputed passway had been adopted into the county…”
Sarver v. Cnty. of Allen Ex Rel. Fiscal Court, 582 S.W.2d 40 (Ky. 1979).
“Whether the alleged road is on his property or merely borders it, under KRS 178.115(2) he was an aggrieved party and had standing to contest the fiscal court’s order through an action in the circuit court.”
Smallwood v. Hardin Cnty., 184 S.W.2d 230 (Ky. Ct. App. 1944).
· cites it 4× “The resolution was passed pursuant to the provisions of section 178.115, KRS, which is a part of chapter 128 of the Session Acts of 1942, the title to which says: “An Act authorizing the Fiscal Court of any county to open, establish or alter any public road or structure,…”
Whitley v. Robertson Cnty., 396 S.W.3d 890 (Ky. 2013).
· cites it 2× “It is worth noting that KRS 178.115 refers to fiscal court actions regarding public roads, as contrasted with a county road, and thus the Fiscal Court’s answer appears to be somewhat at odds with its underlying theory that *894 the disputed passway had been adopted into the…”
Thompson v. Fayette Cnty., 302 S.W.2d 550 (Ky. Ct. App. 1957).
“The provisions of KRS 178.115, permitting the Fiscal Court to act on its own initiative, were not a part of that chapter.”
Webb v. Carter Cnty. Fiscal Court, 165 S.W.3d 490 (Ky. Ct. App. 2005).
“KRS 178.115. The Carter County Fiscal Court has authority over the county road supervisor and is responsible for approving his proposed policies.”
Prather v. Fulton Cnty., 336 S.W.2d 339 (Ky. Ct. App. 1960).
· cites it 6× “Following a resolution by the fiscal court directing the county attorney to institute condemnation proceedings they filed a complaint in circuit court pursuant to KRS 178.115 attacking the validity of the fiscal court’s actions.”
Greenup Cnty. v. Chesapeake & O. Ry. Co., 71 F. Supp. 652 (E.D. Ky. 1947).
· cites it 3× “The petition is in the usual form of such condemnation proceedings and is brought pursuant to Section 178.115 and related sections of Kentucky Revised Statutes.”
— Ky. Rev. Stat. § 178.115(1) — 4 cases
Cary v. Pulaski Cnty. Fiscal Court, 420 S.W.3d 500 (Ky. Ct. App. 2013).
“080 or KRS 178.115. In a response and cross-motion for summary judgment, the Fiscal Court declined to explain how it had gone about establishing Taylor Cemetery Road as a county road or acquiring any title or interest relating *512 thereto, and it produced no further…”
Whitley v. Robertson Cnty., 406 S.W.3d 11 (Ky. 2013).
“It is worth noting that KRS 178.115 refers to fiscal court actions regarding public roads, as contrasted with a county road, and thus the Fiscal Court’s answer appears to be somewhat at odds with its underlying theory that the disputed passway had been adopted into the county…”
Whitley v. Robertson Cnty., 396 S.W.3d 890 (Ky. 2013).
“It is worth noting that KRS 178.115 refers to fiscal court actions regarding public roads, as contrasted with a county road, and thus the Fiscal Court’s answer appears to be somewhat at odds with its underlying theory that *894 the disputed passway had been adopted into the…”
Prather v. Fulton Cnty., 336 S.W.2d 339 (Ky. Ct. App. 1960).
“Following a resolution by the fiscal court directing the county attorney to institute condemnation proceedings they filed a complaint in circuit court pursuant to KRS 178.115 attacking the validity of the fiscal court’s actions.”
— Ky. Rev. Stat. § 178.115(2) — 2 cases
Sarver v. Cnty. of Allen Ex Rel. Fiscal Court, 582 S.W.2d 40 (Ky. 1979).
“Whether the alleged road is on his property or merely borders it, under KRS 178.115(2) he was an aggrieved party and had standing to contest the fiscal court’s order through an action in the circuit court.”
Greenup Cnty. v. Chesapeake & O. Ry. Co., 71 F. Supp. 652 (E.D. Ky. 1947).
“The petition is in the usual form of such condemnation proceedings and is brought pursuant to Section 178.115 and related sections of Kentucky Revised Statutes.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.