178.116 Discontinuance of a road.

310 words·~1 min read·/ky/chapter-178/178-116

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

(1)Any county road, or road formerly maintained by the county or state, shall be

deemed discontinued and possession shall revert to the owner or owners of the tract

of land to which it originally belonged unless at least one

(1)of the following

conditions exists:

(a)A public need is served by the road;

(b)The road provides a necessary access for a private person;

(c)The road has been maintained and policed by the county or state within a three

(3)year period.

(2)If the only condition which exists is for a necessary access for a private person, by a

joint petition of all parties entitled to such access, the road shall be deemed

discontinued and possession shall revert to the owner or owners of the tract of land

to which it originally belonged.

(3)If the only condition which exists is for a necessary access for a private person, by

joint petition of all parties entitled to such access, the road shall be closed to public

use but remain open in accordance with its condition and use for the access of the

private parties involved.

(4)If a county road has been discontinued under the provisions of KRS 178.070, then

by a joint petition of all private parties entitled to necessary access the road shall be

closed to public use but remain open in accordance with its condition and use for

the access of the private parties involved, or by a joint petition of all parties entitled

to necessary access the road shall revert to the owner or owners of the tract or tracts

of land to which it originally belonged.

(5)For the purposes of this chapter "necessary access" shall be construed to include

access to any farm, tract of land, or dwelling, or to any portions of such farm, tract

of land, or dwelling.