178.040 Change in width of county road or right-of-way -- Minimum width of

323 words·~1 min read·/ky/178-040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

right-of-way -- Acquisition of right-of-way.

(1)In order to change the width of a county road, the fiscal court, an urban-county

government, or a consolidated local government shall make a special order for a

different width. The order shall be recorded in the office of the county clerk. In

order to change the width of the right-of-way of a portion of a county through road

system the fiscal court of a county containing a city of the first class or a

consolidated local government may make a special order for a different width. The

order shall be recorded in the office of the county road engineer.

(2)All county roads and all public roads that are being adopted into a county road

system after July 13, 2004, shall occupy a minimum right-of-way width of thirty

(30)feet, fifteen

(15)feet in each direction as measured from the centerline of the

road, 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. All county roads

and all public roads that were in existence prior to July 13, 2004, shall not be

required to occupy a minimum right-of-way width of thirty

(30)feet under this

subsection. A fiscal court, an urban-county government, or a consolidated local

government may order the minimum right-of-way to be a greater width. All roads

added to the county through road system in a county containing a city of the first

class or a consolidated local government in accordance with KRS 178.333 shall

occupy a right-of-way width as ordered by the fiscal court or the consolidated local

government.

(3)In acquiring a right-of-way for a county through road within any city, the fiscal

court or the county court of a county containing a city of the first class or the

consolidated local government may exercise any powers granted them by statute for

the acquisition of property.