Ky. Rev. Stat. » Chapter 81
Kentucky Revised Statutes

Ky. Rev. Stat. § 81.040 (2026)

Repealed, 1980

✓ current as of May 2026
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Catchline at repeal: Population necessary for incorporation as a city -- Boundaries. History: Repealed 1980 Ky. Acts ch. 116, sec. 6, effective July 15, 1980. -- Amended 1964 Ky. Acts ch. 139(1), sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3713.

Notes of Decisions
Cited in 8 cases, 1950–1979 · leading case: Fiscal Court of Jefferson Cnty. v. City of Anchorage, 393 S.W.2d 608 (Ky. Ct. App. 1965).
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Fiscal Court of Jefferson Cnty. v. City of Anchorage, 393 S.W.2d 608 (Ky. Ct. App. 1965). · cites it 4× “Since the bill relates to zoning and planning in sixth class cities only, it was drafted in the form of a new subsection of KRS 81.040, but subsequently the Reviser of Statutes, deeming it more appropriately placed in Chapter 100 with the laws dealing specifically with zoning…”
Schaetzley v. Wright, 271 S.W.2d 885 (Ky. Ct. App. 1954). “In proceedings in his court for incorporation of the city, pursuant tó KRS 81.040 to 81.070, the judge indicated he would enter judgment incorporating the city, but withheld entry of the judgment for the purpose of enabling the protesting residents to file this petition for an…”
Chesapeake & O. Ry. Co. v. Murphy, 234 S.W.2d 969 (Ky. Ct. App. 1950). “Of this number of voters 213 signed and filed a petition in the Campbell Circuit Court to incorporate an area one-half mile square into the town of Silver Grove, as is provided in KRS 81.040 et seq. There was but one remonstrant, the Company, and its pleading avers that of the…”
Cole v. Stephens, 582 S.W.2d 657 (Ky. Ct. App. 1979). · cites it 3× “(1) The boundaries of the area to be incorporated do not comply with the requirements of KRS 81.040. (2) The area to be incorporated is larger than the area permittedby KRS 81.”
Hannah v. City of South Shore, 332 S.W.2d 247 (Ky. Ct. App. 1959). “The new city had an area of one-fourth square mile (a square, one-half mile on each side), the maximum permitted under KRS 81.040, and a population of 573. The City Board of Trustees held its third regular meeting after the incorporation on October 1, 1957, and enacted an…”
Hardin v. City of St. Matthews, 240 S.W.2d 554 (Ky. Ct. App. 1951). · cites it 2× “Matthews, and the amendments thereto, are void because of failure to comply with the statutory requirements governing enactment, attestation and publication; (2) that the ordinances are void because their purpose was to circumvent KRS 81.040, restricting the area of territory…”
Boone v. Smith, 263 S.W.2d 928 (Ky. Ct. App. 1954). · cites it 2× “Judge Smith, the respondent herein, sustained a demurrer to the petition o'n the ground-that'the plat of the proposed city showed that its form was not square as the language of KRS 81.040 -requires. Petitioners then attempted to file an amended petition in which the form of the…”
Eline v. Lampe, 275 S.W.2d 64 (Ky. Ct. App. 1955). “A demurrer to the petition was sustained on the ground that the plat of the proposed city showed that its form was not square, as the language of KRS 81.040 requires. The petitioners then attempted to file an amended petition, in which the form of the proposed city was reduced…”
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