Kentucky Revised Statutes

Ky. Rev. Stat. § 178.415 (2026)

Fee simple title in county -- Minimum width

✓ current as of May 2026

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When the fiscal court has made a determination in accordance with the provisions of KRS 178.410 that the road, street, or highway has been dedicated to public use, the county shall have a fee simple title to the part of the road, street, or highway which the plat, filed in the office of the county clerk, indicates as being for street purposes. However, if the road, street, or highway is dedicated in accordance with the provisions of KRS 178.405, and a plat does not exist, then the fiscal court shall establish a thirty (30) foot minimum width as a condition precedent to dedication to public use, unless the fiscal court finds that a thirty (30) foot minimum cannot be met due to the topography of the road or other extraordinary circumstances. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 61, sec. 10, effective July 13, 2004. -- Amended 1978 Ky. Acts ch. 384, sec. 314, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 272, sec. 4.

Notes of Decisions

Cited in 2 cases, 2013–2013 · leading case: Whitley v. Robertson Cnty., 406 S.W.3d 11 (Ky. 2013).

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Whitley v. Robertson Cnty., 406 S.W.3d 11 (Ky. 2013). “KRS 178.415 vests fee simple title to a properly adopted county road in the county; Whitley has fee simple title to the property pursuant to his deed, subject to easements of all property owners to the south.”

Whitley v. Robertson Cnty., 396 S.W.3d 890 (Ky. 2013). · cites it 2× “10 KRS 178.415 vests fee simple title to a properly adopted county road in the county; Whitley has fee simple title to the property pursuant to his deed, subject to easements of all property owners to the south.”

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