Find Legal Information

178.040 Change in width of county road or right-of-way -- Minimum width of right-of-way -- Acquisition of right-of-way.

Download pdf

178.040 Change in width of county road or right-of-way -- Minimum width of right-of-way -- Acquisition of right-of-way. (1) In order to change the width of a county road, the fiscal court, an urban-county government, or a consolidated local government shall make a special order for a <br>different width. The order shall be recorded in the office of the county clerk. In <br>order to change the width of the right-of-way of a portion of a county through road <br>system the fiscal court of a county containing a city of the first class or a <br>consolidated local government may make a special order for a different width. The <br>order shall be recorded in the office of the county road engineer. (2) All county roads and all public roads that are being adopted into a county road system after July 13, 2004, shall occupy a minimum right-of-way width of thirty <br>(30) feet, fifteen (15) feet in each direction as measured from the centerline of the <br>road, unless the fiscal court finds that a thirty (30) foot minimum cannot be met due <br>to the topography of the road or other extraordinary circumstances. All county roads <br>and all public roads that were in existence prior to July 13, 2004, shall not be <br>required to occupy a minimum right-of-way width of thirty (30) feet under this <br>subsection. A fiscal court, an urban-county government, or a consolidated local <br>government may order the minimum right-of-way to be a greater width. All roads <br>added to the county through road system in a county containing a city of the first <br>class or a consolidated local government in accordance with KRS 178.333 shall <br>occupy a right-of-way width as ordered by the fiscal court or the consolidated local <br>government. (3) In acquiring a right-of-way for a county through road within any city, the fiscal court or the county court of a county containing a city of the first class or the <br>consolidated local government may exercise any powers granted them by statute for <br>the acquisition of property. Effective: July 13, 2004 <br>History: Amended 2004 Ky. Acts ch. 61, sec. 3, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 346, sec. 184, effective July 15, 2002. -- Amended 1978 Ky. Acts <br>ch. 384, sec. 304, effective June 17, 1978. -- Amended 1964 Ky. Acts ch. 80, sec. 6. -<br>- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. <br>secs. 4288, 4289.