Certification to Secretary of State.
(1) At the hearing the court shall, if the proper notice has been given or publication
made, and no defense is interposed, enter a judgment establishing a city as
requested by the petition, filed pursuant to KRS 81.050, if the court finds as a
matter of law that the following standards have been met:
(a) At least three hundred (300) persons reside in the territory sought to be
incorporated;
(b) Incorporation constitutes a reasonable way of providing the public services
sought by the voters or property owners of the territory, and there is no other
reasonable way of providing the services;
(c) The territory is contiguous;
(d) The territory is able to provide necessary city services to its residents within a
reasonable period after its incorporation; and
(e) The interest of other areas and adjacent local governments is not unreasonably
prejudiced by the incorporation.
(2) In determining whether the standards for incorporation have been met, the court
shall consider, but shall not be limited to the consideration of the following criteria:
(a) Whether the character of the territory is urban or rural;
(b) The ability of any existing city, county or district to provide needed services;
(c) Whether the territory and any existing city are interdependent or part of one
(1) community;
(d) The need for city services in the territory;
(e) The development scheme of applicable land-use plans;
(f) The area and topography of the territory; and
(g) The effect of the proposed incorporation on the population growth and
assessed valuation of the real property in the territory.
(3) Defense may be made to the petition by any inhabitant of the proposed city, and if
defense is made, the court shall hear and determine the same, and render a judgment
establishing or refusing to establish a city, as may seem proper.
(4) If the court renders judgment granting the petition, the order shall set out the name
of the city, a metes and bounds description of its boundaries, the population
contained therein, the form of government under which the city shall operate, and
the class to which the city shall be assigned by reason of its form of government as
set out in KRS 81.005. The order shall appoint the officers appropriate to the class
of the new city, who shall hold their respective offices until the next regular election
at which city officers are elected, at which time officers shall be elected by the
residents of the new city.
(5) Whenever any city shall be established in the manner above provided, the court
shall in the judgment direct the clerk of the court wherein such judgment is entered
to, not later than ten (10) days thereafter, certify a copy thereof to the Secretary of
State, whose duty it shall be to properly index and file the same as a permanent
record in his office.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 4, effective January 1, 2015. -- Amended
1980 Ky. Acts ch. 116, sec. 3, effective July 15, 1980. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 14, sec. 72, effective January 2, 1978. -- Amended 1942 Ky. Acts
ch. 133, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October
1, 1942, from Ky. Stat. sec. 3715.
Notes of Decisions
Griffin v. City of Robards, 990 S.W.2d 634 (Ky. 1999).
· cites it 9× “KRS 81.060. The parties stipulated that the requirements of KRS 81.”
Donald v. City of Glenview, 723 S.W.2d 861 (Ky. Ct. App. 1986).
· cites it 5× “Considering the appeal by the City of Louisville first, appellant argues that KRS 81.060 does not preclude non-inhabitants from participating in and objecting to an incorporation proceeding.”
Merrick v. Smith, 347 S.W.2d 537 (Ky. Ct. App. 1961).
· cites it 2× “KRS 81.060. Judge Smith filed an opinion in support of a proposed judgment declining to approve incorporation on the ground that it would violate constitutional provisions of due process of law as declared in Chesapeake & O.”
Schaetzley v. Wright, 271 S.W.2d 885 (Ky. Ct. App. 1954).
“The petitioners seek an order of prohibition on the customary grounds that the judge is acting without jurisdiction, or erroneously within his jurisdiction, the petitioners will suffer great and irreparable injury, and there is no adequate remedy by appeal.”
Engle v. Miller, 199 S.W.2d 123 (Ky. Ct. App. 1947).
“This method of seeking a review of the chancellor’s decision is thought to be necessary because of the provisions of KRS 81.060(4), as amended, which is as follows: “The pleadings and practice shall be the same as in equity causes, except as otherwise provided in this chapter,…”
Pfeiffer v. City of Louisville, 240 S.W.2d 560 (Ky. Ct. App. 1951).
“The court was given no discretion by the statute, KRS 81.060, concerning the establishment of a town providing the jurisdictional facts were established in the proceedings requesting incorporation.”
Cole v. Stephens, 582 S.W.2d 657 (Ky. Ct. App. 1979).
· cites it 3× “They argue that KRS 81.060 prohibits any appeal from a judgment authorizing the incorporation of a city.”
Chesapeake & O. Ry. Co. v. City of Silver Grove, 249 S.W.2d 520 (Ky. Ct. App. 1952).
“060, denied the Company the right of appeal, and it would thereby suffer irreparable injury for which it had no remedy at law. In the opinion denying the writ, we said: “Since the petitioner has specifically brought into the case a question as to the constitutionality of KRS 81.”
Moore v. Smith, 307 S.W.2d 191 (Ky. Ct. App. 1957).
“If these 59 persons had been counted along with the 67, which petitioners *192 argue should have been done, it is claimed respondent would have been compelled to find that the 45 who actually signed the petition to incorporate did not constitute two-thirds of the voters living…”
Colwell v. Ward, 428 S.W.2d 30 (Ky. Ct. App. 1968).
“In substance, those cases hold that since the legislature, by denying an appeal from a judgment incorporating a city, KRS 81.060, has indicated its intent to deny any review of routine or ordinary errors of the trial court in entering such a judgment, this court will not…”
City of Okolona v. Lindsey, 706 S.W.2d 835 (Ky. 1986).
· cites it 2× “” KRS 81.060 then provides for the procedure “at the hearing.”
— Ky. Rev. Stat. § 81.060(1) — 1 case
— Ky. Rev. Stat. § 81.060(2) — 1 case
— Ky. Rev. Stat. § 81.060(2)(a) — 1 case
— Ky. Rev. Stat. § 81.060(3) — 1 case
Donald v. City of Glenview, 723 S.W.2d 861 (Ky. Ct. App. 1986).
“Considering the appeal by the City of Louisville first, appellant argues that KRS 81.060 does not preclude non-inhabitants from participating in and objecting to an incorporation proceeding.”
— Ky. Rev. Stat. § 81.060(4) — 1 case
Engle v. Miller, 199 S.W.2d 123 (Ky. Ct. App. 1947).
“This method of seeking a review of the chancellor’s decision is thought to be necessary because of the provisions of KRS 81.060(4), as amended, which is as follows: “The pleadings and practice shall be the same as in equity causes, except as otherwise provided in this chapter,…”
— Ky. Rev. Stat. § 81.060(l)(a) — 1 case
— Ky. Rev. Stat. § 81.060(l)(b) — 1 case
— Ky. Rev. Stat. § 81.060(l)(c) — 1 case
— Ky. Rev. Stat. § 81.060(l)(e) — 1 case
Donald v. City of Glenview, 723 S.W.2d 861 (Ky. Ct. App. 1986).
“Considering the appeal by the City of Louisville first, appellant argues that KRS 81.060 does not preclude non-inhabitants from participating in and objecting to an incorporation proceeding.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.