Kentucky Revised Statutes
Ky. Rev. Stat. § 81.220 (2026)
Repealed, 1980
✓ current as of May 2026
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Catchline at repeal: Protest against annexation by fourth-class city -- Trial -- Judgment. History: Repealed 1980 Ky. Acts ch. 303, sec. 15, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 74. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3483.
Notes of Decisions
Cited in 11
cases, 1954–1986 · leading case: City of Prestonsburg v. Conn, 317 S.W.2d 484 (Ky. Ct. App. 1958).
City of Prestonsburg v. Conn, 317 S.W.2d 484 (Ky. Ct. App. 1958). “When such a city undertakes to annex, the procedure is outlined in’ KRS 81.220. This provision of'law states, in substance, that if the court upon a hearing is satisfied that less than a majority of the resident voters in the territory attempted to be annexed have remonstrated…”
City of St. Matthews v. Beha, 549 S.W.2d 842 (Ky. Ct. App. 1977). “KRS 81.220 provides a specified period in which members of the public can remonstrate.”
Buchanan v. City of Dayton, 363 S.W.2d 92 (Ky. Ct. App. 1962). “However, in the recent case of City of Greenville v. Gossett, Ky. 1962, 355 S.W.2d 311 , the language of the opinion strongly suggests that the burden is on the remonstrants, and when it is considered in relation to the principle that “there must be a ‘clear and obvious’ showing…”
City of Greenville v. Gossett, 355 S.W.2d 311 (Ky. Ct. App. 1962). “KRS 81.220. Mitchell v. City of Central City, Ky.”
Mitchell v. Cent. City, 354 S.W.2d 281 (Ky. Ct. App. 1962). “It contains some hills and gullies which in the opinion of some of the witnesses makes it unsuitable for development and in the opinion of others does not.”
Wakefield v. City of Shelbyville, 563 S.W.2d 756 (Ky. Ct. App. 1978). “KRS 81.220(1) provides in part: At the first term of the circuit court or within the time fixed by the court by its order, any one or more of the resident voters of the territory proposed to be annexed or stricken off may file a defense in the proceeding .”
McClellan v. Cent. City, 375 S.W.2d 823 (Ky. Ct. App. 1964). “KRS 81.220; Buchanan v. City of Dayton, Ky.”
Adkins v. City of Pineville, 271 S.W.2d 625 (Ky. Ct. App. 1954). “Pineville is a city of the fourth class, and protest against the proposed annexation is controlled by KRS 81.220. Cases construing the statute controlling annexation by other classes of cities are cited by appellants in support of their contention that the burden of proof is…”
City of Hickman, Inc. v. Choate, 379 S.W.2d 238 (Ky. Ct. App. 1964). “KRS 81.220 is a peculiar statute. It says that if less than 50% of the owners in the property to be annexed remonstrate, the annexation (a) must be for the interest of the city arid (b) must cause no material injury to the affected property owners.”
City of St. Matthews v. Arterburn, 419 S.W.2d 730 (Ky. Ct. App. 1967). “Annexation proceedings in fourth-class cities are governed by KRS 81.220 et seq. However, in counties containing a city of the first class, notice of the introduction of an ordinance proposing annexation must be given to the fiscal court of the county.”
City of Okolona v. Lindsey, 706 S.W.2d 835 (Ky. 1986). “210 and KRS 81.220 (now repealed), the principle is the same.”
— Ky. Rev. Stat. § 81.220(1) — 1 case
Wakefield v. City of Shelbyville, 563 S.W.2d 756 (Ky. Ct. App. 1978). “KRS 81.220(1) provides in part: At the first term of the circuit court or within the time fixed by the court by its order, any one or more of the resident voters of the territory proposed to be annexed or stricken off may file a defense in the proceeding .”
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