When any private road, street, or highway in an unincorporated area in any county has
been used by the general public openly, continuously, and notoriously for a period of at
least fifteen (15) years, it shall be implied that such road, street, or highway may be
dedicated to public use; Provided, that fifty-five percent (55%) of all property owners
abutting the private road, street, or highway sign a petition stating that they are willing to
dedicate the road, street, or highway to public use.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 61, sec. 9, effective July 13, 2004. -- Amended
2002 Ky. Acts ch. 346, sec. 190, effective July 15, 2002. -- Created 1976 Ky. Acts
ch. 272, sec. 2.
Notes of Decisions
Woodward v. Commonwealth, 984 S.W.2d 477 (Ky. 1999).
· cites it 6× “" KRS 178.405 does allow for a private road to become a public road through public use if that use is continuous for fifteen years and so long as 55% of all property owners whose property abuts the road consent to the dedication of the road to public use.”
Cary v. Pulaski Cnty. Fiscal Court, 420 S.W.3d 500 (Ky. Ct. App. 2013).
· cites it 2× “010(l)(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…”
City of Pioneer Vill. v. Bullitt Cnty. Ex Rel. Bullitt Fiscal Court, 104 S.W.3d 757 (Ky. 2003).
“010(l)(b), which was amended in 1964, defines a county road as a public road which has “been accepted by the fiscal court of the county as a part of the county road system after July 1, 1914, or private roads, streets, or highways, which have been acquired by the county pursuant…”
Porter v. Johnson Cnty. Judge/Exec., 357 S.W.3d 500 (Ky. Ct. App. 2010).
“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 subsection…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.