2013 Kentucky Revised Statutes CHAPTER 178 - COUNTY ROADS -- GRADE CROSSING ELIMINATION 178.080 Establishment and alteration of public roads, bridges and landings, upon petition.
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178.080 Establishment and alteration of public roads, bridges and landings,
upon petition.
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(2)
(3)
(4)
When any person desires the establishment or alteration of a public road,
bridge or landing, he shall petition the fiscal court setting forth in his petition
specifically the nature and location of the proposed work. The court shall
thereupon appoint two (2) viewers who, together with the county road engineer,
shall view the ground and report in writing the advantages and disadvantages
which, in their opinion, will result to the individual and to the public from the
proposed work and the grades and bearings of the proposed road, and other
facts and circumstances that may enable the fiscal court to determine whether
the work ought to be undertaken by the county.
If the petition is for the establishment or alteration of a public road leading from
a main public road, the report shall set out whether such road should be
established, stating specifically whether it would be necessary to take any
burying ground, garden, yard, orchard, or any part thereof, or to injure or
destroy any buildings and the probable cost of the work, the names of the
landowners whose property would have to be taken or injured, which of them
would require compensation and the probable amount to which each would be
entitled. They shall make careful examination of routes or locations other than
that proposed or petitioned for, keeping in view the possible future
development of the county and the accommodations of the general traveling
public, and shall report to the fiscal court at a public meeting in favor of the one
they prefer, giving reasons for the preference. A map giving the grades and
bearings of the routes or locations shall be returned with the report.
If it appears to the fiscal court that the interests of the general public may be
furthered thereby, the fiscal court shall personally examine the proposed work.
If the court decides to undertake the proposed work the county judge/executive
shall appoint a day for hearing the parties interested, and cause notices thereof
to be given to all interested parties.
If the county judge/executive at any time has sufficient evidence before him to
enable him to ascertain what would be a just compensation to the proprietors
and tenants, and if the proprietors and tenants are willing to accept what the
county judge/executive deems just, the county judge/executive, upon such
acceptance being reduced to writing and signed by the proprietors and tenants,
may determine to undertake the work, subject to the consent and approval of
the fiscal court.
Effective:July 13, 2004
History: Amended 2004 Ky. Acts ch. 61, sec. 5, effective July 13, 2004. -Amended 1978 Ky. Acts ch. 384, sec. 306, effective June 17, 1978. -- Amended
1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 167, effective January 2, 1978. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 4301.
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