of public road -- Effect of notice.
(1) The limitations mentioned in KRS 413.010 to 413.040 shall not begin to run in
respect to actions by a city for the recovery of any part of any street, alley or other
public easement or the use thereof in the city, until the legislative body of the city
has been notified in writing by the party in possession or about to take possession
that his possession will be adverse to the right or title of the city. Until such notice
is given, all possession of any part of any street, alley or public easement in any city
shall be deemed amicable, and the person in possession the tenant at will of the city.
(2) Limitation shall not begin to run in favor of any person in the possession of any part
of any public road until written notice is given to the county judge/executive of the
county in which the road is situated that the possession is adverse to the right of the
public to the use of the road.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 520, effective June 17, 1978. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
secs. 2546, 2547.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1951–2021 · leading case:
Salyers v. Tackett, 322 S.W.2d 707 (Ky. Ct. App. 1958).
Salyers v. Tackett, 322 S.W.2d 707 (Ky. Ct. App. 1958).
“The statute, KRS 413.050(2), declares: “Limitation shall not begin to run in favor of any person in the possession of any part of any public road until written notice is given to the county court of the county in which *710 the road is situated that the possession is adverse to…”
Louisville & Nashville R. v. City of Owensboro, 238 S.W.2d 148 (Ky. Ct. App. 1951).
· cites it 2× “The Railroad maintains it has acquired title to Daviess Street between Fourteenth and Fifteenth Streets by adverse possession, on the ground that KRS 413.050 is not applicable and, if it were, appellant has shown the equivalent of the required notice.”
Commonwealth, Dep't of Highways v. Reynolds, 500 S.W.2d 413 (Ky. Ct. App. 1973).
“This evidence fell far short of showing adverse possession under a claim of ownership, particularly in the light of the requirement of KRS 413.050 (2) that written notice of adverse claim to a public road must be given to the county court before limitations will begin to run.”
— Ky. Rev. Stat. § 413.050(1) — 2 cases
Louisville & Nashville R. v. City of Owensboro, 238 S.W.2d 148 (Ky. Ct. App. 1951).
“The Railroad maintains it has acquired title to Daviess Street between Fourteenth and Fifteenth Streets by adverse possession, on the ground that KRS 413.050 is not applicable and, if it were, appellant has shown the equivalent of the required notice.”
— Ky. Rev. Stat. § 413.050(2) — 1 case
Salyers v. Tackett, 322 S.W.2d 707 (Ky. Ct. App. 1958).
“The statute, KRS 413.050(2), declares: “Limitation shall not begin to run in favor of any person in the possession of any part of any public road until written notice is given to the county court of the county in which *710 the road is situated that the possession is adverse to…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.