KRS 82.400: Procedure for dedicating public way or easement -- Waiver in certain

instances -- Presumption of dedication -- Railroad exemption -- Automatic

acceptance -- Penalty.

(1) If any person desires to offer for dedication by recorded plat any public way or

easement within the jurisdictional limits of the city or a consolidated local

government, he or she shall file with the legislative body of the city or a

consolidated local government, a map or plat of the territory bounded, intersected,

or immediately adja cent to the proposed public way or easement, showing the

proposed name, nature, and dimensions of the public way or easement offered for

dedication. If the legislative body of the city or a consolidated local government

decides the proposed dedication woul d be beneficial to the public interest and

suitable for the immediate or future acceptance of the city or consolidated local

government, it shall approve the map or plat, and the mayor shall subscribe a

certificate of approval on the map and acknowledge th e execution thereof before

any public officer authorized to take acknowledgments of deeds. The map or plat

may then be recorded in the office of the county clerk.

(2) Except as provided for by ordinance in a consolidated local government, in a city of

the first class, or in a county containing a city of the first class, subdivision

regulations which have been adopted as provided in KRS Chapter 100, and where

streets or public ways as dedicated on the final subdivision plat have been

constructed, inspected, and approved in accordance with the subdivision

regulations, then the procedure for filing the map or plat with the legislative body of

the consolidated local government, city, or county, as the case may be, as required

in subsection (1) of this section sh all be waived, and the dedicated street or public

way shall automatically be deemed beneficial to the public interest and shall be, by

operation of law, automatically accepted for maintenance by the consolidated local

government, city, or county, respectiv ely, forty-five (45) days after inspection and

final approval, and shall be a public way for all purposes, KRS Chapter 83A,

regarding a city's, county's, or consolidated local government's adoption of

ordinances notwithstanding.

(3) When any property has been opened to the unrestricted use of the general public for

five (5) consecutive years, it shall be conclusively presumed to have been dedicated

to the city or consolidated local government as a public way or easement, subject to

acceptance by the city or consolidated local government. The city or consolidated

local government may, at any time after the expiration of five (5) years from the

time the property is opened to the public, pass an ordinance declaring it so

dedicated, and accepting the dedication, whereupon it shall be a public way or

easement of the city or consolidated local government for all purposes. The lack of

an actual dedication to the city or consolidated local government, or of a record title

on the part of the city or consolidated local government, shall be no defense against

the collection of any tax that may be levied against property abutting thereon for the

payment of the cost of any improvement constructed thereon by order of the city or

consolidated local government. Nothing herein shall be construed to require the

expiration of five (5) years to raise a presumption of dedication in any case where,

under any rule of law in force in this state, a dedication would be presumed in less

than five (5) years. Provided, however, that property of a railroad company shall not

be presumed to be dedicated as a public way or easement under this section or any

other rule of law in force in this state unless the company consents to said

dedication in writing.

(4) Any person who shall lodge for reco rd in the county clerk's office, and any county

clerk or deputy who shall receive for record or permit to be lodged for record, any

plat, map, deed, or other instrument contrary to the provisions of this section, shall

be fined not less than twenty -five dollars ($25) nor more than one hundred dollars

($100) for each offense.