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KRS 100.285

Revocation of subdivision plat

Known as the Binding Element Enforcement Act

The act spans §§ 100–100 (292 sections).

Applied in 2 court decisions — leading case Sebastian-Voor Properties, LLC v. Lexington-Fayette Urban County Government (2008)

Most recently applied in Sebastian-Voor Properties, LLC v. Lexington-Fayette Urban County Government (September 2008)

Effective: July 15, 1986 History: Created 1986 Ky

(1) Upon application of all persons owning land comprising a subdivision, the planning commission may revoke the approval of a subdivision plat, including all dedications of public facilities, easements and rights-of-way.

(2) Before any plat shall be revoked, all owners shall, as part of their application for revocation, state under oath that no person has purchased a lot shown on the plat.

(3) A revocation shall become effective only upon:

(a) A notation on the margin of the recorded plat stating that such plat has been revoked and the date of such vote of revocation; such notation shall be signed by the chairman, secretary, or other duly authorized officer of the commission; and (b) A written approval of such revocation filed with the commission, duly signed by each entity to which an offer of dedication of any public or private facility, easement or right-of-way was made on the plat.

(4) The remedy provided in this section is in addition to all other remedies provided by law and shall not impair the right of the commission or any interested party from filing an action in Circuit Court for such relief as may be appropriate.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.