KRS 178.115: Power of fiscal court to open, establish or alter road -- Procedure --

Appeal.

(1) Whenever the fiscal court of any county deems it to be in the best interest of the

county to open, establish or alter the location of any public road, street, alley, di tch,

culvert, bridge or similar public way or structure in the county, the fiscal court shall

adopt a resolution setting forth the necessity for the public road or structure, and

thereupon the public road or structure shall be deemed opened, established or

altered, as the case may be, on behalf of the county. A certified copy of the

resolution shall be posted at the courthouse door of the county within five (5) days

after its adoption and a certified copy of the resolution shall be posted by the county

road engineer of the county along or at the proposed road or structure within five (5)

days after its adoption.

(2) In all cases where public roads or structures have been established, any person or

persons aggrieved thereby may prosecute an appeal from a reso lution of the fiscal

court by filing a petition in equity in the Circuit Court of the county where the road

or structure is located setting forth his grievance, to which petition shall be attached

an attested or certified copy of the resolution. The petiti on shall be filed within

thirty-five (35) days from the date the resolution was entered. An appeal shall be

heard and decided by the court without the intervention of a jury. Any party so

appealing shall execute and file a bond for costs at the time such appeal is taken. An

appeal to the Court of Appeals may be taken in accordance with the Rules of Civil

Procedure.