Kentucky Statutes 178.010 – Definitions — Construction of chapter — Minimum requirement for gift
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(1) As used in this chapter, unless the context otherwise requires: (a) “Construction” includes reconstruction and improvement;
(b) “County roads” are public roads which have been formally accepted by the fiscal court of the county as a part of the county road system, or private roads, streets, or highways which have been acquired by the county pursuant to subsection (3) of this section or KRS § 178.405 to KRS § 178.425. “County roads” includes necessary bridges, culverts, sluices, drains, ditches, waterways, embankments or retaining walls; and
(c) “Hard surface road” means a road the surface of which is asphalt, brick, stone block, macadam, concrete, gravel or other material of equal merit.
(2) Nothing in this chapter shall be construed to take from the jurisdiction or control of the legislative body of any incorporated city any road, bridge, landing or wharf, or any other thing exclusively under the jurisdiction or control of the city.
(3) Nothing in this chapter shall prevent any fiscal court from acquiring unimproved land by gift for public purposes. However, on and after July 13, 2004, a fiscal court may only accept a private road, street, or highway by gift if the private road, street, or highway has been constructed to meet minimum construction standards established by the fiscal court.
(4) Nothing in this chapter, including the fact that a municipal street has not been accepted into the county road system, shall prevent any county from entering into an agreement, pursuant to the provisions of KRS § 65.210 to KRS § 65.300, with any city located within the county to perform work upon or to provide personnel, materials or equipment for work to be performed upon any street located within the city. A county may pay one hundred percent (100%), or a lesser percentage, of all or any part of the cost of the joint undertaking, based upon the terms agreed to in the interlocal cooperative agreement required by this subsection.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 61, sec. 1, effective July 13, 2004. — Amended
2000 Ky. Acts ch. 82, sec. 2, effective July 14, 2000. — Amended 1986 Ky. Acts ch.
278, sec. 2, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 7, sec. 1, effective July 13, 1984. — Amended 1980 Ky. Acts ch. 243, sec. 2, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 384, sec. 303, effective June 17, 1978. — Amended
1976 Ky. Acts ch. 272, sec. 7. — Amended 1970 Ky. Acts ch. 87, sec. 1. — Amended
1964 Ky. Acts ch. 68, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 4287, 4294, 4297, 4307.
Legislative Research Commission Note (7/14/2000). The reference to “KRS § 65.220 to
65.300″ in subsection (4) of this section has been changed back to its original form of “KRS § 65.210 to KRS § 65.300.” Subsection (4) was added to this statute by 1984 Ky. Acts ch. 7, sec. 1, and contained the reference to “KRS § 65.210 to KRS § 65.300.” Although the amendment of the statute by 1986 Ky. Acts ch. 278, sec. 2 did not change this reference, it was altered to “KRS § 65.220 to KRS § 65.300” in the codification of that Act. Because it is clear from an examination of KRS Chapter 65 that the range in question is KRS § 65.210 to KRS § 65.300 and no reason is given or can be determined for altering the text as originally enacted, the original text of the reference has been restored.
(b) “County roads” are public roads which have been formally accepted by the fiscal court of the county as a part of the county road system, or private roads, streets, or highways which have been acquired by the county pursuant to subsection (3) of this section or KRS § 178.405 to KRS § 178.425. “County roads” includes necessary bridges, culverts, sluices, drains, ditches, waterways, embankments or retaining walls; and
Terms Used In Kentucky Statutes 178.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- City: includes town. See Kentucky Statutes 446.010
- Construction: includes reconstruction and improvement. See Kentucky Statutes 178.010
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
(c) “Hard surface road” means a road the surface of which is asphalt, brick, stone block, macadam, concrete, gravel or other material of equal merit.
(2) Nothing in this chapter shall be construed to take from the jurisdiction or control of the legislative body of any incorporated city any road, bridge, landing or wharf, or any other thing exclusively under the jurisdiction or control of the city.
(3) Nothing in this chapter shall prevent any fiscal court from acquiring unimproved land by gift for public purposes. However, on and after July 13, 2004, a fiscal court may only accept a private road, street, or highway by gift if the private road, street, or highway has been constructed to meet minimum construction standards established by the fiscal court.
(4) Nothing in this chapter, including the fact that a municipal street has not been accepted into the county road system, shall prevent any county from entering into an agreement, pursuant to the provisions of KRS § 65.210 to KRS § 65.300, with any city located within the county to perform work upon or to provide personnel, materials or equipment for work to be performed upon any street located within the city. A county may pay one hundred percent (100%), or a lesser percentage, of all or any part of the cost of the joint undertaking, based upon the terms agreed to in the interlocal cooperative agreement required by this subsection.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 61, sec. 1, effective July 13, 2004. — Amended
2000 Ky. Acts ch. 82, sec. 2, effective July 14, 2000. — Amended 1986 Ky. Acts ch.
278, sec. 2, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 7, sec. 1, effective July 13, 1984. — Amended 1980 Ky. Acts ch. 243, sec. 2, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 384, sec. 303, effective June 17, 1978. — Amended
1976 Ky. Acts ch. 272, sec. 7. — Amended 1970 Ky. Acts ch. 87, sec. 1. — Amended
1964 Ky. Acts ch. 68, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. secs. 4287, 4294, 4297, 4307.
Legislative Research Commission Note (7/14/2000). The reference to “KRS § 65.220 to
65.300″ in subsection (4) of this section has been changed back to its original form of “KRS § 65.210 to KRS § 65.300.” Subsection (4) was added to this statute by 1984 Ky. Acts ch. 7, sec. 1, and contained the reference to “KRS § 65.210 to KRS § 65.300.” Although the amendment of the statute by 1986 Ky. Acts ch. 278, sec. 2 did not change this reference, it was altered to “KRS § 65.220 to KRS § 65.300” in the codification of that Act. Because it is clear from an examination of KRS Chapter 65 that the range in question is KRS § 65.210 to KRS § 65.300 and no reason is given or can be determined for altering the text as originally enacted, the original text of the reference has been restored.