{"data":{"id":"us-ky/krs-178.040","jurisdiction":"us-ky","citation":"KRS 178.040","heading":"Change in width of county road or right -of-way -- Minimum width of","body":"right-of-way -- Acquisition of right-of-way.\n(1) In order to change the width of a county road, the fiscal court, an urban -county\ngovernment, or a consolidated local government shall m ake a special order for a\ndifferent width. The order shall be recorded in the office of the county clerk. In\norder to change the width of the right -of-way of a portion of a county through road\nsystem the fiscal court of a county containing a city of the fi rst class or a\nconsolidated local government may make a special order for a different width. The\norder shall be recorded in the office of the county road engineer.\n(2) All county roads and all public roads that are being adopted into a county road\nsystem after July 13, 2004, shall occupy a minimum right -of-way width of thirty\n(30) feet, fifteen (15) feet in each direction as measured from the centerline of the\nroad, unless the fiscal court finds that a thirty (30) foot minimum cannot be met due\nto the topography of the road or other extraordinary circumstances. All county roads\nand all public roads that were in existence prior to July 13, 2004, shall not be\nrequired to occupy a minimum right -of-way width of thirty (30) feet under this\nsubsection. A fiscal co urt, an urban -county government, or a consolidated local\ngovernment may order the minimum right -of-way to be a greater width. All roads\nadded to the county through road system in a county containing a city of the first\nclass or a consolidated local governm ent in accordance with KRS 178.333 shall\noccupy a right-of-way width as ordered by the fiscal court or the consolidated local\ngovernment.\n(3) In acquiring a right -of-way for a county through road within any city, the fiscal\ncourt or the county court of a c ounty containing a city of the first class or the\nconsolidated local government may exercise any powers granted them by statute for\nthe acquisition of property.","path":["KRS Chapter 178"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=5420","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:30Z","sha256":"0d955cef4b0b137f4968c41fae49095d2ad42f0b58f445793ad11b3f43abc8a7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-178.030","next":"us-ky/krs-178.050"},"notice":"GroundRules: Original legal text. Not legal advice."}
