State Codes and Statutes

Statutes > Kentucky > 178-00 > 116

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178.116 Discontinuance of a road. (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 <br>of land to which it originally belonged unless at least one (1) of the following <br>conditions exists: <br>(a) A public need is served by the road; <br>(b) The road provides a necessary access for a private person; <br>(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 <br>discontinued and possession shall revert to the owner or owners of the tract of land <br>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 <br>use but remain open in accordance with its condition and use for the access of the <br>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 <br>closed to public use but remain open in accordance with its condition and use for <br>the access of the private parties involved, or by a joint petition of all parties entitled <br>to necessary access the road shall revert to the owner or owners of the tract or tracts <br>of land to which it originally belonged. (5) For the purposes of this chapter &quot;necessary access&quot; shall be construed to include access to any farm, tract of land, or dwelling, or to any portions of such farm, tract <br>of land, or dwelling. Effective: July 15, 1980 <br>History: Created 1980 Ky. Acts ch. 243, sec. 3, effective July 15, 1980.

State Codes and Statutes

Statutes > Kentucky > 178-00 > 116

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178.116 Discontinuance of a road. (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 <br>of land to which it originally belonged unless at least one (1) of the following <br>conditions exists: <br>(a) A public need is served by the road; <br>(b) The road provides a necessary access for a private person; <br>(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 <br>discontinued and possession shall revert to the owner or owners of the tract of land <br>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 <br>use but remain open in accordance with its condition and use for the access of the <br>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 <br>closed to public use but remain open in accordance with its condition and use for <br>the access of the private parties involved, or by a joint petition of all parties entitled <br>to necessary access the road shall revert to the owner or owners of the tract or tracts <br>of land to which it originally belonged. (5) For the purposes of this chapter &quot;necessary access&quot; shall be construed to include access to any farm, tract of land, or dwelling, or to any portions of such farm, tract <br>of land, or dwelling. Effective: July 15, 1980 <br>History: Created 1980 Ky. Acts ch. 243, sec. 3, effective July 15, 1980.

State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 178-00 > 116

Download pdf
Loading PDF...


178.116 Discontinuance of a road. (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 <br>of land to which it originally belonged unless at least one (1) of the following <br>conditions exists: <br>(a) A public need is served by the road; <br>(b) The road provides a necessary access for a private person; <br>(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 <br>discontinued and possession shall revert to the owner or owners of the tract of land <br>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 <br>use but remain open in accordance with its condition and use for the access of the <br>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 <br>closed to public use but remain open in accordance with its condition and use for <br>the access of the private parties involved, or by a joint petition of all parties entitled <br>to necessary access the road shall revert to the owner or owners of the tract or tracts <br>of land to which it originally belonged. (5) For the purposes of this chapter &quot;necessary access&quot; shall be construed to include access to any farm, tract of land, or dwelling, or to any portions of such farm, tract <br>of land, or dwelling. Effective: July 15, 1980 <br>History: Created 1980 Ky. Acts ch. 243, sec. 3, effective July 15, 1980.