Kentucky Revised Statutes

Ky. Rev. Stat. § 454.190 (2026)

Commonwealth may prosecute remedy without bond

✓ current as of May 2026

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Unless otherwise expressly provided by law, no bond, obligation or security shall be required of the Commonwealth or any of its agencies or officers acting for or in behalf of the Commonwealth in order to prosecute any remedy in the courts of this state. History: Created 1962 Ky. Acts ch. 35, sec. 1.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1965–2024 · leading case: Wagoner v. Cansler, 542 S.W.2d 291 (Ky. 1976).

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Wagoner v. Cansler, 542 S.W.2d 291 (Ky. 1976). “CR 81A is not repugnant to KRS 454.190. The fact the Commonwealth is not required to execute a bond does not exempt it from liability for payment of damages as provided in KRS 21.”

Commonwealth, Dep't of Highways v. Whipple, 392 S.W.2d 81 (Ky. Ct. App. 1965). “CR 81A is not repugnant to KRS 454.190. *83 The fact the Commonwealth is not required to execute a bond does not exempt it from liability for payment of damages as provided in KRS 21.”

Bluegrass Trust for Historic Pres. v. Lexington Fayette Urban Cnty. Gov't Plan. Comm'n (Ky. 2024). “3471(5) is essentially the same as CR 81A, RAP 63(E) and KRS 454.190, all of which exempt such entities from posting any bonds.”

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