(1) Except as otherwise provided in KRS 424.110 to 424.370 and notwithstanding any
provision of existing law providing for different times or periods of publication, the
times and periods of publications of advertisements required by law to be made in a
newspaper shall be as follows:
(a) When an advertisement is of a completed act, such as an ordinance,
resolution, regulation, order, rule, report, statement, or certificate and the
purpose of the publication is not to inform the public or the members of any
class of persons that they may or shall do an act or exercise a right within a
designated period or upon or by a designated date, the advertisement shall be
published one (1) time only and within thirty (30) days after completion of the
act. However, a failure to comply with this paragraph shall not invalidate any
ordinance or resolution or subject a person to any of the penalties provided by
KRS 424.990 unless such failure continues for a period of fifteen (15) days
after notice to comply has been given him by registered letter.
(b) When an advertisement is for the purpose of informing the public or the
members of any class of persons that on or before a certain day they may or
shall file a petition or exceptions or a remonstrance or protest or objection, or
resist the granting of an application or petition, or present or file a claim, or
submit a bid, the advertisement shall be published at least once, but may be
published two (2) or more times, provided that one (1) publication occurs not
less than seven (7) days nor more than twenty-one (21) days before the
occurrence of the act or event.
(c) When an advertisement is for the purpose of informing the public and the
advertisement is a notice of delinquent taxes, or notice of the sale of tax
claims, the advertisement shall be published either:
1. Once a week for three (3) consecutive weeks; or
2. One (1) time, preceded by a one-half (1/2) page notice of advertisement
the preceding week. The one-half (1/2) page advertisement shall include
notice that a list of uncollectible delinquent taxes is also available for
public inspection in accordance with KRS 424.330 during normal
business hours at the business address of the city or county and on an
identified Internet Web site. The advertisement shall include the
business address of the city or county and the Uniform Resource Locator
(URL) for the Internet Web site where the document can be viewed. The
Internet Web site shall be affiliated with the city or county and contain
other information about the city or county government. The delinquent
tax list shall be posted on the Internet Web site for a minimum of thirty
(30) days and shall be updated weekly.
The provisions of this paragraph shall not be construed to require the
advertisement of notice of delinquent state taxes which are collected by the
state.
(d) Any advertisement not coming within the scope of paragraph (a), (b), or (c) of
this subsection, such as one for the purpose of informing the public or the
members of any class of persons of the holding of an election, or of a public
hearing, or of an examination, or of an opportunity for inspection, or of the
due date of a tax or special assessment, shall be published at least once but
may be published two (2) or more times, provided that one (1) publication
occurs not less than seven (7) days nor more than twenty-one (21) days before
the occurrence of the act or event, or in the case of an inspection period, the
inspection period commences.
(e) If the particular statute requiring that an advertisement be published provides
that the day upon or by which, or the period within which, an act may or shall
be done or a right exercised, or an event may or shall take place, is to be
determined by computing time for the day of publication of an advertisement,
the advertisement shall be published at least once, promptly, in accordance
with the statute, and the computation of time shall be from the day of initial
publication.
(2) This section is not intended to supersede or affect any statute providing for notice of
the fact that an adversary action in court has been commenced.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 35, sec. 7, effective June 27, 2019. -- Amended
2011 Ky. Acts ch. 46, sec. 1, effective June 8, 2011. -- Amended 2006 Ky. Acts ch.
8, sec. 4, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 346, sec. 231,
effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 32, sec. 1, effective July 15,
1988. -- Amended 1960 Ky. Acts ch. 168, sec. 1. -- Created 1958 Ky. Acts ch. 42,
sec. 3.
Notes of Decisions
City of St. Matthews v. Beha, 549 S.W.2d 842 (Ky. Ct. App. 1977).
· cites it 6× “This ordinance was published one time in compliance with KRS 424.130(l)(a). The publication contained a notification that within thirty days the city would file in the Jefferson Circuit Court a petition asking for judgment to annex the territory.”
Vincent v. City of Bowling Green, 349 S.W.2d 694 (Ky. Ct. App. 1961).
· cites it 6× “” In KRS 424.130 a distinction is made between an advertisement of a completed act and one for the purpose of informing the public or the members of any class of persons that on or before a certain day they may or shall remonstrate or protest.”
Pierson Trapp Co. v. Peak, 340 S.W.2d 456 (Ky. Ct. App. 1960).
“It is our conclusion that the complaint did not state a claim on the matter of insufficiency of notice. The complaint next alleges that the planning commission did not require .”
Robinson v. Ehrler, 691 S.W.2d 200 (Ky. 1985).
“the substance of the question,” and KRS 424.130(l)(d) requires that such advertising “shall be published at least once .”
Oeth v. Felty, 421 S.W.2d 860 (Ky. Ct. App. 1967).
· cites it 2× “130 prior dates KRS 424.130 subsection (1) (b) which provides that notwithstanding any provision of existing law providing for a different time or period of publication of advertisements required by law to be made in newspapers shall be made as follows: When an advertisement is…”
Lyon v. Cnty. of Warren, 325 S.W.2d 302 (Ky. Ct. App. 1959).
“Of particular application to the present case is KRS 424.130 relating to “Times and periods of publication.”
Merritt v. City of Campbellsville, 678 S.W.2d 788 (Ky. Ct. App. 1984).
· cites it 2× “KRS 424.130. The publication shall specifically state the time and place of taking action against the proposed ordinance.”
Chambers v. City of Newport, 101 S.W.3d 904 (Ky. Ct. App. 2003).
“260 publication, like that of KRS 424.130(l)(a) publication, is to effect notice of completed acts.”
Beverage Warehouse, Inc. v. Commonwealth, Dep't of Alcoholic Beverage Control, 382 S.W.3d 34 (Ky. Ct. App. 2011).
“Pursuant to the Act, an applicant for a liquor license initiates the licensing process by advertising by publication under KRS 424.130(l)(b) its intent to apply for a license, stating the name and address of the applicant and the location of the premises for which the license is…”
Dunn v. Marshall Cnty. Hosp. Dist., 543 S.W.2d 767 (Ky. 1976).
“KRS 424.130(l)(d). On September 25, 1973, a resolution was introduced to amend the resolution of August 21 from “not to exceed ten cents” to “a special ad valorem tax of four cents.”
Southside Real Est. Developers, Inc. v. Pike Cnty. Fiscal Court, 294 S.W.3d 453 (Ky. Ct. App. 2009).
· cites it 2× “(3) Real or personal property may be: (a) Transferred, with or without compensation, to another governmental agency; (b) Sold at public auction following publication of the auction in accordance with KRS 424.130(l)(b); (c) Sold by electronic auction following publication of the…”
Ferrells Logging & Lumber, Inc. v. Kim Spencer (Ky. Ct. App. 2023).
“5 The Notice appeared in the newspaper for three consecutive weeks as required by KRS 424.130(c). The Master Commissioner also posted the Notice at the Menifee County Courthouse.”
— Ky. Rev. Stat. § 424.130(1) — 2 cases
Vincent v. City of Bowling Green, 349 S.W.2d 694 (Ky. Ct. App. 1961).
“” In KRS 424.130 a distinction is made between an advertisement of a completed act and one for the purpose of informing the public or the members of any class of persons that on or before a certain day they may or shall remonstrate or protest.”
Pierson Trapp Co. v. Peak, 340 S.W.2d 456 (Ky. Ct. App. 1960).
“It is our conclusion that the complaint did not state a claim on the matter of insufficiency of notice. The complaint next alleges that the planning commission did not require .”
— Ky. Rev. Stat. § 424.130(b) — 1 case
— Ky. Rev. Stat. § 424.130(c) — 1 case
Ferrells Logging & Lumber, Inc. v. Kim Spencer (Ky. Ct. App. 2023).
“5 The Notice appeared in the newspaper for three consecutive weeks as required by KRS 424.130(c). The Master Commissioner also posted the Notice at the Menifee County Courthouse.”
— Ky. Rev. Stat. § 424.130(l)(a) — 2 cases
City of St. Matthews v. Beha, 549 S.W.2d 842 (Ky. Ct. App. 1977).
“This ordinance was published one time in compliance with KRS 424.130(l)(a). The publication contained a notification that within thirty days the city would file in the Jefferson Circuit Court a petition asking for judgment to annex the territory.”
Chambers v. City of Newport, 101 S.W.3d 904 (Ky. Ct. App. 2003).
“260 publication, like that of KRS 424.130(l)(a) publication, is to effect notice of completed acts.”
— Ky. Rev. Stat. § 424.130(l)(b) — 3 cases
City of St. Matthews v. Beha, 549 S.W.2d 842 (Ky. Ct. App. 1977).
“This ordinance was published one time in compliance with KRS 424.130(l)(a). The publication contained a notification that within thirty days the city would file in the Jefferson Circuit Court a petition asking for judgment to annex the territory.”
Beverage Warehouse, Inc. v. Commonwealth, Dep't of Alcoholic Beverage Control, 382 S.W.3d 34 (Ky. Ct. App. 2011).
“Pursuant to the Act, an applicant for a liquor license initiates the licensing process by advertising by publication under KRS 424.130(l)(b) its intent to apply for a license, stating the name and address of the applicant and the location of the premises for which the license is…”
Southside Real Est. Developers, Inc. v. Pike Cnty. Fiscal Court, 294 S.W.3d 453 (Ky. Ct. App. 2009).
“(3) Real or personal property may be: (a) Transferred, with or without compensation, to another governmental agency; (b) Sold at public auction following publication of the auction in accordance with KRS 424.130(l)(b); (c) Sold by electronic auction following publication of the…”
— Ky. Rev. Stat. § 424.130(l)(d) — 2 cases
Robinson v. Ehrler, 691 S.W.2d 200 (Ky. 1985).
“the substance of the question,” and KRS 424.130(l)(d) requires that such advertising “shall be published at least once .”
Dunn v. Marshall Cnty. Hosp. Dist., 543 S.W.2d 767 (Ky. 1976).
“KRS 424.130(l)(d). On September 25, 1973, a resolution was introduced to amend the resolution of August 21 from “not to exceed ten cents” to “a special ad valorem tax of four cents.”
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