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KRS 178.415

Fee simple title in county -- Minimum width

Applied in 2 court decisions — leading case Whitley v. Robertson County (2013)

Most recently applied in Whitley v. Robertson County (April 2013)

Effective: July 13, 2004 History: Amended 2004 Ky

When the fiscal court has made a determination in accordance with the provisions of KRS 178.410 that the road, street, or highway has been dedicated to public use, the county shall have a fee simple title to the part of the road, street, or highway which the plat, filed in the office of the county clerk, indicates as being for street purposes. However, if the road, street, or highway is dedicated in accordance with the provisions of KRS 178.405, and a plat does not exist, then the fiscal court shall establish a thirty (30) foot minimum width as a condition precedent to dedication to public use, unless the fiscal court finds that a thirty (30) foot minimum cannot be met due to the topography of the road or other extraordinary circumstances.

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