{"data":{"id":"us-ky/krs-425.101","jurisdiction":"us-ky","citation":"KRS 425.101","heading":"Delivery of property -- Redelivery -- Levy upon perishable property --","body":"Control of property.\n(1) After the levying officer takes possession pursuant to a writ of possession, he shall\nkeep the property in a secure place.  Except as otherwise provided by KRS 425.081:\n(a) If bond with sufficient surety for redelivery is not filed and plaintiff's sureties\nare not excepted to, the sheriff shall deliver the property to plaintiff ten (10)\ndays after levy of the writ of possession, upon receiving his fees for taking and\nnecessary expenses for keeping the property.\n(b) If a bond with sufficient surety is filed within ten (10) days after levy of the\nwrit of possession and defendant's sureties are not excepted to, the sheriff or\nplaintiff, if plaintiff holds poss ession under subsection (3)(a) of this section\nshall redeliver the property to defendant upon expiration of the time to so\nexcept, upon receiving his fees for taking and necessary expenses for keeping\nthe property not already paid or advanced by the plaintiff.\n(c) If the plaintiff's sureties are excepted to, or if a bond for redelivery is filed\nwithin ten (10) days after levy of the writ of possession and defendant's\nsureties are excepted to, the sheriff shall not deliver or redeliver the property\nuntil the time provided in KRS 425.121.\n(2) Notwithstanding subsection (1) of this section, where not otherwise provided by\ncontract, upon a showing that the property is perishable or will greatly deteriorate or\ndepreciate in value or for some other reason that t he interests of the parties will best\nbe served thereby, the judicial officer may order that the property be sold and the\nproceeds deposited in the court to abide the judgment in the action.\n(3) If it is impractical, or impossible, for the sheriff to reta in possession and control of\nthe property levied upon, he may:\n(a) Immediately, upon seizure, place the property in the hands of the plaintiff,\nwho shall be required to keep the property in a secure place and manner\nwithin the Commonwealth of Kentucky for  the mandatory ten (10) day\nholding period, subject to all provisions of paragraphs (1)(b) and (c) of this\nsection, excepting those of expenses and fees.\n(b) If the property levied upon shall consist of all, or substantially all, of the\nproperty within a structure or area, not used as a dwelling, and upon the\nconsent of any third party owner or occupant of the structure or area, levy the\nwrit of possession by securing with locks, or other means, the place or area,\nand holding the property at the place or a rea where it is found and levied\nupon, provided that the defendant shall be afforded a reasonable right of\naccess.","path":["KRS Chapter 425"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18320","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:42Z","sha256":"3b5d71c9b8276a5a5a33683cb81885c7ab4e020f5e5010334184a076c24a5814","source_id":"us-ky","stale":false,"prev":"us-ky/krs-425.100","next":"us-ky/krs-425.105"},"notice":"GroundRules: Original legal text. Not legal advice."}