Kentucky Revised Statutes
Ky. Rev. Stat. § 381.580 (2026)
Repealed, 1976
✓ current as of May 2026
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Catchline at repeal: Purposes for which private passway may be established -- Commissioners to make report. History: Repealed 1976 Ky. Acts ch. 140, sec. 129. -- Amended 1948 Ky. Acts ch. 148, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3779a-1.
Notes of Decisions
Cited in 16
cases, 1944–2015 · leading case: Greene v. Greenup Cnty., 530 S.W.3d 463 (Ky. Ct. App. 2015).
Greene v. Greenup Cnty., 530 S.W.3d 463 (Ky. Ct. App. 2015). “This statute was re-codified 'in 1948 as KRS 381.580. 1948 Ky. Acts, ch. 148, § 1.”
Kentucky Mountain Coal Co. v. Hacker, 412 S.W.2d 581 (Ky. Ct. App. 1967). “KRS 381.580 to 381.620. The trial judge heard the case without a jury, and awarded appellee $3,625.”
Commonwealth, Dep't of Highways v. Pittman, 425 S.W.2d 726 (Ky. Ct. App. 1968). “The remaining contention of the Commonwealth concerns the possible right of the landowners to condemn a passway across private property under KRS 381.580 in order to remove the timber from the 351.”
Commonwealth, Dep't of Highways v. Jewell, 405 S.W.2d 678 (Ky. Ct. App. 1966). “Moreover, if the farm contains the timber testified to by appellees, they have a right under KRS 381.580 to acquire a passway over other land.”
Hudgens v. Register, 285 S.W.2d 504 (Ky. Ct. App. 1955). “This controversy involves the right of a private person to condemn a private passway over the land of his neighbor under KRS 381.580, .and also the nature of the use to which the passway may he put.”
Wheeler v. Tackett, 339 S.W.2d 646 (Ky. Ct. App. 1960). “Tackett, the owners of contiguous lands comprising 209 acres, sued in the Lawrence County Court under KRS 381.580 to acquire an easement of necessity across a tract owned by Troy Wheeler.”
Baker v. Maggard, 255 S.W.2d 45 (Ky. Ct. App. 1953). “KRS 381.580. Appellees have failed to establish ownership or right by any of the above means.”
Wheeler v. Tackett, 266 S.W.2d 349 (Ky. Ct. App. 1954). “of the passway was one of practical necessity within the, purview of KRS 381.580; that the finding as to damages was not inadequate; that the instructions were pot erroneous; and that permitting one.”
Eversole v. Morgan Coal Co., 297 S.W.2d 51 (Ky. Ct. App. 1956). “The coal companies were unable to acquire a right-of-way through appellant’s property and, therefore, instituted condemnation proceedings under KRS 381.580 et seq., to obtain a market outlet for the products of their mine.”
Parsley v. Madison, 194 S.W.2d 993 (Ky. Ct. App. 1946). “This is a proceeding under section 381.580, KRS, section 3779a-1, KS, by appellee against appellants in the Edmonson county court by which, the former sought the establishment of a passway 20 feet wide from his premises, across the land of appellants for the purpose of…”
Mitchell v. Skidmore, 181 S.W.2d 257 (Ky. Ct. App. 1944). “” *757 The proposed condemnation, as stated in the written application therefor filed with the County Court of Harlan County, was for the purposes stated in section 381.580 of the Kentucky Revised Statutes, but chiefly to enable applicant to market coal and timber upon and under…”
Cincinnati, N. O. & T. P. Ry. Co. v. Keith, 224 S.W.2d 942 (Ky. Ct. App. 1949). “This sort of condemnation is authorized by KRS 381.580, where it is “necessary” to enable a person to attend courts, elections, and other public places; or to have a private tram road for certain business purposes, including the marketing of products from a sand bank.”
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