178.117 Private improvement of public road in unincorporated territory -- When
427 words·~2 min read·
/ky/178-117A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
permitted -- Procedure.
(1)Any person or corporation, public or private, or any group of such persons or
corporations or both, residing in or owning property adjacent to any publicly
dedicated road in unincorporated territory in any county and desiring to make any
improvements to the publicly dedicated road shall submit to the fiscal court, the
urban-county government, or the consolidated local government for approval plans
and specifications for its improvements at their own expense. Any request for
private improvement shall include all the information required by KRS 184.020 to
accompany a request for the creation of a public road district pursuant to that
section.
(2)The sponsors of the private improvement of the publicly dedicated road shall
present their request, together with the attached maps and estimates of cost, to the
fiscal court, the urban-county government, or the consolidated local government,
who shall turn over to the county engineer for his or her consideration the maps and
estimates of cost. In considering whether to permit the requested improvement, the
fiscal court, the urban-county government, or the consolidated local government,
and the county engineer shall follow the same procedures provided for in KRS
184.040 and the same appellate rights provided for in these sections are available to
the petitioners. When the county engineer receives from the fiscal court, the urban-
county government, or the consolidated local government an application for
approval of plans or specifications for the private improvement of publicly
dedicated roads by some individual or corporation, or a combination thereof, the
county engineer shall be authorized and empowered to examine, inspect, and
investigate, as seems to be advisable, the sufficiency of the improvements which the
application seeks to serve the purposes intended, and to establish and make
reasonable charges for his or her services on the basis of a schedule adjusted
according to the services required to conduct the investigation or on any other
reasonable method.
(3)When it appears to the county engineer that the completion of the improvement by
or on behalf of any individual or corporation requires inspection and supervision in
order to assure the protection of the public safety and the proper subsequent
completion of the work for the purposes intended, the county engineer shall include
findings in his or her recommendation to the fiscal court, the urban-county
government, or the consolidated local government approving, modifying, or
disapproving the particular plans and projects, and shall charge the person or
corporation for the inspection and supervision on the basis of the actual cost of
inspection plus a reasonable additional cost of supervision.