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KRS 413.050

Limitation on action by city on public easement -- On action for possession of public road -- Effect of notice

Applied in 3 court decisions — leading case Salyers v. Tackett (1958)

Most recently applied in Commonwealth, Department of Highways v. Reynolds (October 1973)

Effective: June 17, 1978 History: Amended 1978 Ky

How often courts cite this section

195119601970197310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The limitations mentioned in KRS 413.010 to 413.040 shall not begin to run in respect to actions by a city for the recovery of any part of any street, alley or other public easement or the use thereof in the city, until the legislative body of the city has been notified in writing by the party in possession or about to take possession that his possession will be adverse to the right or title of the city. Until such notice is given, all possession of any part of any street, alley or public easement in any city shall be deemed amicable, and the person in possession the tenant at will of the city.

(2) Limitation shall not begin to run in favor of any person in the possession of any part of any public road until written notice is given to the county judge/executive of the county in which the road is situated that the possession is adverse to the right of the public to the use of the road.

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