(1) Any person who fraudulently and willfully removes, defaces, cuts down, or destroys a cornertree, post, cornerstone, or any monument erected to designate the boundary of this state, or of any county or city, or the boundary of any tract or lot of land, shall be guilty of a Class D felony and shall cause the marker, at his or her own expense, to be reestablished by a professional land surveyor.
(2) Any person who willfully and knowingly, but without a felonious intent, removes, defaces, cuts down, or destroys a tree, post, stone, or any monument erected to designate the boundaries of this state or of any county or city, or the boundaries of any tract or lot of land, shall cause the marker, at his or her own expense, to be reestablished by a professional land surveyor. Effective: January 1, 1999 History: Amended 1998 Ky. Acts ch. 214, sec. 42, effective January 1, 1999. -- Amended 1992 Ky. Acts ch. 463, sec. 46, effective July 14, 1992. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1228, 1256.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1966–2021 · leading case:
Posey v. Commonwealth, 185 S.W.3d 170 (Ky. 2006).
Posey v. Commonwealth, 185 S.W.3d 170 (Ky. 2006).
· cites it 2× “445, willfully removing or damaging boundary markers, KRS 433.770(1), through bigamy, KRS 530.010, and campaign finance violations, KRS 121.”
Mulberry v. Commonwealth, 408 S.W.2d 649 (Ky. Ct. App. 1966).
· cites it 2× “Paul Mulberry, tried by a jury, was fined $325 for removing a fence from a boundary line in violation of KRS 433.770(2). He represented himself until this appeal was taken.”
Deborah Ostafi v. Gary Gabbard (Ky. Ct. App. 2021).
· cites it 3× “In this motion, he stated “[t]he Commonwealth and Defendant [Gary] have agreed that the felony case for removal of the boundary marker would be pursued as a misdemeanor and 1 KRS 433.770 (titled as “Willfully removing or damaging boundary marker”) provides: (1) Any person who…”
— Ky. Rev. Stat. § 433.770(1) — 2 cases
Posey v. Commonwealth, 185 S.W.3d 170 (Ky. 2006).
“445, willfully removing or damaging boundary markers, KRS 433.770(1), through bigamy, KRS 530.010, and campaign finance violations, KRS 121.”
Deborah Ostafi v. Gary Gabbard (Ky. Ct. App. 2021).
“In this motion, he stated “[t]he Commonwealth and Defendant [Gary] have agreed that the felony case for removal of the boundary marker would be pursued as a misdemeanor and 1 KRS 433.770 (titled as “Willfully removing or damaging boundary marker”) provides: (1) Any person who…”
— Ky. Rev. Stat. § 433.770(2) — 2 cases
Mulberry v. Commonwealth, 408 S.W.2d 649 (Ky. Ct. App. 1966).
“Paul Mulberry, tried by a jury, was fined $325 for removing a fence from a boundary line in violation of KRS 433.770(2). He represented himself until this appeal was taken.”
Deborah Ostafi v. Gary Gabbard (Ky. Ct. App. 2021).
“In this motion, he stated “[t]he Commonwealth and Defendant [Gary] have agreed that the felony case for removal of the boundary marker would be pursued as a misdemeanor and 1 KRS 433.770 (titled as “Willfully removing or damaging boundary marker”) provides: (1) Any person who…”
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