Kentucky Revised Statutes

Ky. Rev. Stat. § 81.050 (2026)

Proceedings to incorporate -- Exception upon adoption of consolidated local

✓ current as of May 2026
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government. (1) Except as provided in KRS 67C.111(2), proceedings to incorporate a city shall be commenced by a petition being filed with the circuit clerk of the county in which the area to be incorporated is located. The petition shall contain: (a) The signatures and addresses of: 1. A number of registered voters equal to two-thirds (2/3) of the voters of the proposed territory; or 2. A number of real property owners, the sum total of whose assessed value of real property is equal to at least two-thirds (2/3) of the assessed value of the real property in the proposed territory; (b) A statement of the boundaries proposed and the number of residents; (c) An accurate map of the proposed territory; (d) A detailed statement of the reasons for incorporation including the services sought from the proposed city; (e) A description of the existing facilities and services within the proposed territory; and (f) A statement of the form of government under which the city will operate if incorporated. (2) The petition shall be docketed for hearing not less than twenty (20) days from the date of filing the petition. Notice of the filing of the petition and of its object shall be given by publication pursuant to KRS Chapter 424. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 90, effective July 15, 2002. -- Amended 1980 Ky. Acts ch. 116, sec. 2, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 71, effective January 2, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 36. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3714.

Notes of Decisions
Cited in 12 cases, 1951–2009 · leading case: Caneyville Volunteer Fire Dep't v. Green's Motorcycle Salvage, Inc., 286 S.W.3d 790 (Ky. 2009).
Caneyville Volunteer Fire Dep't v. Green's Motorcycle Salvage, Inc., 286 S.W.3d 790 (Ky. 2009). · cites it 2× “" Under its constitutional authority, the General Assembly has, for example, enacted statutes designating the proceedings necessary to incorporate a city (KRS 81.050) and has classified cites into six classes.”
Griffin v. City of Robards, 990 S.W.2d 634 (Ky. 1999). · cites it 18× “On July 22, 1997, a petition was filed with the Henderson Circuit Court pursuant to KRS 81.050 et seq. to incorporate an area in southern part of the county.”
City of Jeffersontown v. City of Hurstbourne, 684 S.W.2d 23 (Ky. Ct. App. 1984). · cites it 4× “Pursuant to KRS 81.050, a petition was filed on February 1, 1982, in the Jefferson Circuit Court seeking to incorporate the City of Hurstbourne wherein certain territory was described.”
Pfeiffer v. City of Louisville, 240 S.W.2d 560 (Ky. Ct. App. 1951). “2d — 36 community under KRS 81.050. The Aberdeen area was adjudged incorporated on June 25, 1946, and, apparently, Louisville’s annexation proposal would have to run the gauntlet of an Aberdeen election under KRS 81.”
Donald v. City of Glenview, 723 S.W.2d 861 (Ky. Ct. App. 1986). “Appellant asserts that the incor-porators failed to offer proof at the hearings that they had published the petition, given notice, or provided an accurate map with the petition, all of which are required by KRS 81.050. Appellant is correct in his contention that strict…”
Cole v. Stephens, 582 S.W.2d 657 (Ky. Ct. App. 1979). · cites it 2× “(5) The court lacked the jurisdiction to consider the petition because the appel-lees failed to provide a proper notice as required by KRS Chapter 424 and KRS 81.050. Perhaps the first bridge to cross is an issue raised by the appellees, who represent the petitioners seeking to…”
Boone v. Smith, 263 S.W.2d 928 (Ky. Ct. App. 1954). “Judge Smith sustained objections to the filing of the amended petition on the ground that it was not signed by two-thirds of the voters as required by KRS 81.050. Petitioners tendered a- second amended petition which complied with the prior rulings of the court.”
Eline v. Lampe, 275 S.W.2d 64 (Ky. Ct. App. 1955). · cites it 3× “His objections to the incorporation of Woodlawn Park are: (1) The form of the proposed city is not square; (2) none of the alleged plaintiffs or petitioners to incorporate signed the complaint, as required by KRS 81.050; (3) only five of the alleged petitioners are named in the…”
Moore v. Smith, 307 S.W.2d 191 (Ky. Ct. App. 1957). “The burden of petitioners’ complaint is that respondent proceeded erroneously within the jurisdiction of the court he presides over when he adjudged that under KRS 81.050 only 67 registered voters be counted as eligible petition signers in order to determine the necessary…”
City of Okolona v. Lindsey, 706 S.W.2d 835 (Ky. 1986). · cites it 5× “The trial court entered a judgment which incorporated the City of Okolona under the provision of KRS 81.050, et seq., and KRS Chapter 424.”
Colwell v. Ward, 428 S.W.2d 30 (Ky. Ct. App. 1968). “In substance, the petition herein alleges that a petition seeking incorporation of Combs was filed in the Perry Circuit Court on October 18, 1967, bearing 146 signatures, being eight more than the two-thirds of the number of qualified voters in the area required by KRS 81.050;…”
Stevens v. Flannery, 700 S.W.2d 78 (Ky. Ct. App. 1985). “094(2), or incorporate, KRS 81.050, a city. In the absence of a sufficient defense based upon statutory requirements for creation or dissolution of a city, a couit has no inherent authority to refuse to create or dissolve a municipal corporation once the statutory conditions are…”
— Ky. Rev. Stat. § 81.050(1) — 3 cases
Griffin v. City of Robards, 990 S.W.2d 634 (Ky. 1999). “On July 22, 1997, a petition was filed with the Henderson Circuit Court pursuant to KRS 81.050 et seq. to incorporate an area in southern part of the county.”
City of Jeffersontown v. City of Hurstbourne, 684 S.W.2d 23 (Ky. Ct. App. 1984). “Pursuant to KRS 81.050, a petition was filed on February 1, 1982, in the Jefferson Circuit Court seeking to incorporate the City of Hurstbourne wherein certain territory was described.”
City of Okolona v. Lindsey, 706 S.W.2d 835 (Ky. 1986). “The trial court entered a judgment which incorporated the City of Okolona under the provision of KRS 81.050, et seq., and KRS Chapter 424.”
— Ky. Rev. Stat. § 81.050(1)(a) — 1 case
Griffin v. City of Robards, 990 S.W.2d 634 (Ky. 1999). “On July 22, 1997, a petition was filed with the Henderson Circuit Court pursuant to KRS 81.050 et seq. to incorporate an area in southern part of the county.”
— Ky. Rev. Stat. § 81.050(2) — 2 cases
City of Jeffersontown v. City of Hurstbourne, 684 S.W.2d 23 (Ky. Ct. App. 1984). “Pursuant to KRS 81.050, a petition was filed on February 1, 1982, in the Jefferson Circuit Court seeking to incorporate the City of Hurstbourne wherein certain territory was described.”
City of Okolona v. Lindsey, 706 S.W.2d 835 (Ky. 1986). “The trial court entered a judgment which incorporated the City of Okolona under the provision of KRS 81.050, et seq., and KRS Chapter 424.”
— Ky. Rev. Stat. § 81.050(l)(a) — 1 case
Griffin v. City of Robards, 990 S.W.2d 634 (Ky. 1999). “On July 22, 1997, a petition was filed with the Henderson Circuit Court pursuant to KRS 81.050 et seq. to incorporate an area in southern part of the county.”
— Ky. Rev. Stat. § 81.050(l)(b) — 1 case
Griffin v. City of Robards, 990 S.W.2d 634 (Ky. 1999). “On July 22, 1997, a petition was filed with the Henderson Circuit Court pursuant to KRS 81.050 et seq. to incorporate an area in southern part of the county.”
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