Kentucky Statutes 56.040 – Finance and Administration Cabinet, Transportation Cabinet, or Department of Fish and Wildlife Resources to provide for title examination and certification of land or interest in land paid for out of state funds
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When any land or interest in land is to be paid for out of state funds, the Finance and Administration Cabinet, the Transportation Cabinet for requirements of that cabinet, or the Department of Fish and Wildlife Resources for its acquisitions of land or interests in land, shall take action to provide for the examination and certification of the title to the affected land, with or without exceptions, by an attorney licensed to practice law in this state, or for the insurance of the title to such land by a land title insurance company authorized to do business in this state. A survey and plat of the land showing the corners, angles, and calls of the land shall be made by a competent land surveyor prior to the date of the deed conveying the land or any interest therein to the state. The costs incurred under this section shall be charged against the funds of the agency for whose use and benefit the land is acquired.
Effective: March 29, 2023
History: Amended 2023 Ky. Acts ch. 139, sec. 12, effective March 29, 2023. — Amended 1982 Ky. Acts ch. 240, sec. 5, effective July 15, 1982. — Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2337a-3,
2337a-6.
Legislative Research Commission Note (3/29/2023). 2023 Ky. Acts ch. 139, sec. 22, provides, “The requirements of this Act shall apply to all procurements and acquisitions of interests in real property undertaken by, or for the benefit of, the Department of Fish and Wildlife Resources, including procurements and acquisitions of interests in real property that commenced prior to the effective date of this Act [March 29, 2023].”
Effective: March 29, 2023
Terms Used In Kentucky Statutes 56.040
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Cabinet: means the Finance and Administration Cabinet. See Kentucky Statutes 56.440
- Commission: means the State Property and Buildings Commission. See Kentucky Statutes 56.440
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
History: Amended 2023 Ky. Acts ch. 139, sec. 12, effective March 29, 2023. — Amended 1982 Ky. Acts ch. 240, sec. 5, effective July 15, 1982. — Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2337a-3,
2337a-6.
Legislative Research Commission Note (3/29/2023). 2023 Ky. Acts ch. 139, sec. 22, provides, “The requirements of this Act shall apply to all procurements and acquisitions of interests in real property undertaken by, or for the benefit of, the Department of Fish and Wildlife Resources, including procurements and acquisitions of interests in real property that commenced prior to the effective date of this Act [March 29, 2023].”