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178.116 Discontinuance of a road.
(1)
(2)
(3)
(4)
(5)
Any county road, or road formerly maintained by the county or state, shall be
deemed discontinued and possession shall revert to the owner or owners of
the tract of land to which it originally belonged unless at least one (1) of the
following conditions exists:
(a) A public need is served by the road;
(b) The road provides a necessary access for a private person;
(c) The road has been maintained and policed by the county or state within a
three (3) year period.
If the only condition which exists is for a necessary access for a private person,
by a joint petition of all parties entitled to such access, the road shall be
deemed discontinued and possession shall revert to the owner or owners of
the tract of land to which it originally belonged.
If the only condition which exists is for a necessary access for a private person,
by joint petition of all parties entitled to such access, the road shall be closed to
public use but remain open in accordance with its condition and use for the
access of the private parties involved.
If a county road has been discontinued under the provisions of KRS 178.070,
then by a joint petition of all private parties entitled to necessary access the
road shall be closed to public use but remain open in accordance with its
condition and use for the access of the private parties involved, or by a joint
petition of all parties entitled to necessary access the road shall revert to the
owner or owners of the tract or tracts of land to which it originally belonged.
For the purposes of this chapter "necessary access" shall be construed to
include access to any farm, tract of land, or dwelling, or to any portions of such
farm, tract of land, or dwelling.
Effective:July 15, 1980
History: Created 1980 Ky. Acts ch. 243, sec. 3, effective July 15, 1980.
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