(1) Any Commonwealth's attorney, county attorney, mayor of a city, or any private citizen may maintain an action in equity in the name of the state upon relation of said officers or citizen against the owner to forfeit property declared a nuisance by KRS 242.310.
(2) If the petition is filed by a private citizen, it shall not be dismissed except upon a sworn statement made by the citizen and his attorney, setting forth the reasons why same should be dismissed, and except upon approval in writing in open court by the Commonwealth's attorney or the county attorney. Effective: July 1, 1992 History: Amended 1990 Ky. Acts ch. 88, secs. 83 and 93, effective July 1, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-24. Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 83 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.
Notes of Decisions
Cited in
5
cases, 1948–1964 · leading case:
Bratcher v. Ashley, 243 S.W.2d 1011 (Ky. Ct. App. 1951).
Bratcher v. Ashley, 243 S.W.2d 1011 (Ky. Ct. App. 1951).
· cites it 2× “330 provides in part: “(1) Upon a judgment of forfeiture under KRS 242.320, the court shall direct the sheriff to sell the property.”
Commonwealth v. Covington, 231 S.W.2d 67 (Ky. Ct. App. 1950).
“It was also alleged, as is permitted under the statute, that appellee had the reputation for engaging in the traffic of prohibited beverages, (2), KRS 242.320. These allegations substantially follow the language of the statute.”
French v. Winstead, 299 S.W.2d 109 (Ky. Ct. App. 1957).
“2d 1011 , which involves KRS 242.320. It provides, under certain conditions that property used in connection with the unlawful sale or transportation of intoxicating liquor may be forfeited to the state.”
Commonwealth ex rel. Williams v. Wilson, 381 S.W.2d 620 (Ky. Ct. App. 1964).
“From the context of KRS 242.320(1) and 242.350(1) it seems clear that the authority of the court to padlock property rests on exactly the same ground as a forfeiture.”
— Ky. Rev. Stat. § 242.320(1) — 2 cases
Bratcher v. Ashley, 243 S.W.2d 1011 (Ky. Ct. App. 1951).
“330 provides in part: “(1) Upon a judgment of forfeiture under KRS 242.320, the court shall direct the sheriff to sell the property.”
Commonwealth ex rel. Williams v. Wilson, 381 S.W.2d 620 (Ky. Ct. App. 1964).
“From the context of KRS 242.320(1) and 242.350(1) it seems clear that the authority of the court to padlock property rests on exactly the same ground as a forfeiture.”
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