Kentucky Revised Statutes

Ky. Rev. Stat. § 178.120 (2026)

Condemnation of land by fiscal court

✓ current as of May 2026

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Whenever the fiscal court of any county deems it to be in the best interest of the county to open, establish, construct, alter or repair any public road, street, alley, ditch or bridge of the county and the fiscal court is unable to contract with the owner of the land, required for such purpose, for its purchase or to acquire the same by gift, the land may be condemned under the procedure set forth in the Eminent Domain Act of Kentucky. History: Amended 1976 Ky. Acts ch. 140, sec. 79. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4302a-2.

Notes of Decisions

Cited in 5 cases, 1944–2013 · 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). “120 after a fiscal court deems it to be in the best interest of the county to open establish, construct, alter or repair any public road, street, alley, ditch or bridge of the county, it must secure the land necessary for that purpose through a contract with the owner of the…”

Jefferson Cnty. v. Clausen, 180 S.W.2d 297 (Ky. Ct. App. 1944). · cites it 2× “The proceeding was instituted under KRS 178.120, which authorizes the fiscal court of any county, whenever it deems it to be in the best interest of the county to construct or alter any public road, to condemn land for such purpose in accordance with KRS 416.”

Smallwood v. Hardin Cnty., 184 S.W.2d 230 (Ky. Ct. App. 1944). · cites it 3× “110) prescribes, in substance, that when it is necessary to condemn land for public road purposes the fiscal court shall pass a resolution ordering its condemnation which shall set forth “the facts contemplated by KRS 178.120” and “ a general description” of the land sought to…”

Prather v. Fulton Cnty., 336 S.W.2d 339 (Ky. Ct. App. 1960). · cites it 9× “It is contended also that negotiations with the landowners prior to the adoption of the resolution, not being officially authorized of record, were of no effect and thus no attempt was made by the county to contract with the owners, as required by KRS 178.120 precedent to…”

Thompson v. Fayette Cnty., 302 S.W.2d 550 (Ky. Ct. App. 1957). “The resolution was adopted after the residents of Dreamland had written a letter to the Fiscal Court pointing out the necessity for the street and requesting its creation.”

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