{"data":{"id":"us-ky/krs-100.3471","jurisdiction":"us-ky","citation":"KRS 100.3471","heading":"Bond for appeal of Circuit Court's final decision in KRS Chapter 100","body":"matter. (See LRC Note below)\n(1) Any party that appeals the Circuit Court's final decision made in accordance with\nany legal challenge under this chapter shall, upon motion of an appellee as set forth\nin subsection (2) of this section, be required to file an appeal bond as set forth in\nthis section.\n(2) Within thirty (30) days of the filing of the notice of appeal in Circuit Court, any\nappellee may file a motion for the Circuit Court, pursuant to the jurisdictional\nauthority established in Rule 73.06 of the Kentucky Rules of Civil Procedure, to\norder the appellant to post an appeal bond, which the Circuit Court shall impose,\nsubject to the other requirements of this sections. If an appellee does not move the\nCircuit Court to require the appellant to post an appeal bond, the right to request an\nappeal bond is waived.\n(3) (a) Within thirty (30) days of an appellee filing a motion in Circuit Court for the\nappellant to post an appeal bond, the Circuit Court shall conduct a hearing to\ndetermine the amount of the appeal bond, issue findings of fact, and set the\nbond amount with good and sufficient surety.\n(b) In determining the amount of the appeal bond, the Circuit Court shall\ndetermine if the appeal is presumptively frivolous, including but not limited\nto:\n1. Whether the appeal is of a ministerial or discretionary decision; and\n2. Whether or not there exists a reasoned interpretation supporting the\nappellant's position.\n(c) If the Circu it Court determines that an appeal is presumptively frivolous, the\nCircuit Court shall consider all costs, economic loss, and damages that the\nappellee may suffer or incur during the pendency of, or that will be caused by,\nthe appeal, including attorney fe es and court costs, up to a maximum bond\namount of two hundred fifty thousand dollars ($250,000).\n(d) If the Circuit Court determines that an appeal is not presumptively frivolous,\nthe Circuit Court shall consider the costs that the appellee may incur during\nthe pendency of the appeal, including but not limited to attorney fees and\ncourt costs, plus interest payable on land acquisition or development loans, up\nto a maximum bond amount of one hundred thousand dollars ($100,000).\n(e) Whether the Circuit Court makes a determination under paragraph (c) or (d)\nof this subsection:\n1. Costs and damages shall not i nclude expenses incurred prior to the date\nthe notice of appeal is filed with the Circuit Court: and\n2. The appellee has the burden to present sufficient evidence establishing\nthe appellee's cost and damages.\n(f) The appeal shall be dismissed if the bond i s not posted within fifteen (15)\ndays of the Circuit Court's determination of the bond amount.\n(4) (a) Once an appeal pursuant to this section becomes final and unappealable,\neither the appellant or the appellee may make a motion in the originating\nCircuit Court requesting that the Circuit Court conduct a hearing to determine\nthe actual costs and damages to be paid to the appellee under the appeal bond.\n(b) The Circuit Court shall hold the hearing within thirty (30) days of the request\nand issue findings of  fact as to the costs and damages within an additional\nthirty (30) days.\n(c) Costs and damages awarded under this subsection shall be limited to the\namount of the appeal bond.\n(d) If neither party moves the Circuit Court within sixty (60) days pursuant to this\nsubsection, the Circuit Court may on its own motion release the appeal bond.\n(5) Subsections (1) and (2) of this section shall not apply to the United States, the\nCommonwealth of Kentucky or any of its municipal corporations or political\nsubdivisions, or any of their agencies or officers acting for or on their behalf, or to a\nperson challenging the creation or expansion of a landfill.","path":["KRS Chapter 100"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45687","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:05Z","sha256":"ee6b24ad3a5cff5c0dd40d3c549979aeaea42b20e436568741170f7ed5406c8a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-100.347","next":"us-ky/krs-100.348"},"notice":"GroundRules: Original legal text. Not legal advice."}