Kentucky Statutes 242.320 – Action for forfeiture
Current as of: 2024 | Check for updates
|
Other versions
(1) Any Commonwealth’s attorney, county attorney, mayor of a city, or any private citizen may maintain an action in equity in the name of the state upon relation of said officers or citizen against the owner to forfeit property declared a nuisance by KRS § 242.310.
(2) If the petition is filed by a private citizen, it shall not be dismissed except upon a sworn statement made by the citizen and his attorney, setting forth the reasons why same should be dismissed, and except upon approval in writing in open court by the Commonwealth’s attorney or the county attorney.
Effective: July 1, 1992
History: Amended 1990 Ky. Acts ch. 88, secs. 83 and 93, effective July 1, 1992. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-24.
Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 83 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.
(2) If the petition is filed by a private citizen, it shall not be dismissed except upon a sworn statement made by the citizen and his attorney, setting forth the reasons why same should be dismissed, and except upon approval in writing in open court by the Commonwealth’s attorney or the county attorney.
Terms Used In Kentucky Statutes 242.320
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- City: includes town. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
Effective: July 1, 1992
History: Amended 1990 Ky. Acts ch. 88, secs. 83 and 93, effective July 1, 1992. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-24.
Note: Amendment of this section by 1990 Ky. Acts ch. 88, secs. 83 and 93 became effective July 1, 1992, in compliance with 1992 Ky. Acts ch. 324, sec. 30.