{"data":{"id":"us-ky/krs-82.400","jurisdiction":"us-ky","citation":"KRS 82.400","heading":"Procedure for dedicating public way or easement -- Waiver in certain","body":"instances -- Presumption of dedication -- Railroad exemption -- Automatic\nacceptance -- Penalty.\n(1) If any person desires to offer for dedication by recorded plat any public way or\neasement within the jurisdictional limits of the city or a consolidated local\ngovernment, he or she shall file with the legislative body of the city or a\nconsolidated local government, a map or plat of the territory bounded, intersected,\nor immediately adja cent to the proposed public way or easement, showing the\nproposed name, nature, and dimensions of the public way or easement offered for\ndedication. If the legislative body of the city or a consolidated local government\ndecides the proposed dedication woul d be beneficial to the public interest and\nsuitable for the immediate or future acceptance of the city or consolidated local\ngovernment, it shall approve the map or plat, and the mayor shall subscribe a\ncertificate of approval on the map and acknowledge th e execution thereof before\nany public officer authorized to take acknowledgments of deeds. The map or plat\nmay then be recorded in the office of the county clerk.\n(2) Except as provided for by ordinance in a consolidated local government, in a city of\nthe first class, or in a county containing a city of the first class, subdivision\nregulations which have been adopted as provided in KRS Chapter 100, and where\nstreets or public ways as dedicated on the final subdivision plat have been\nconstructed, inspected, and approved in accordance with the subdivision\nregulations, then the procedure for filing the map or plat with the legislative body of\nthe consolidated local government, city, or county, as the case may be, as required\nin subsection (1) of this section sh all be waived, and the dedicated street or public\nway shall automatically be deemed beneficial to the public interest and shall be, by\noperation of law, automatically accepted for maintenance by the consolidated local\ngovernment, city, or county, respectiv ely, forty-five (45) days after inspection and\nfinal approval, and shall be a public way for all purposes, KRS Chapter 83A,\nregarding a city's, county's, or consolidated local government's adoption of\nordinances notwithstanding.\n(3) When any property has been opened to the unrestricted use of the general public for\nfive (5) consecutive years, it shall be conclusively presumed to have been dedicated\nto the city or consolidated local government as a public way or easement, subject to\nacceptance by the city or  consolidated local government. The city or consolidated\nlocal government may, at any time after the expiration of five (5) years from the\ntime the property is opened to the public, pass an ordinance declaring it so\ndedicated, and accepting the dedication,  whereupon it shall be a public way or\neasement of the city or consolidated local government for all purposes. The lack of\nan actual dedication to the city or consolidated local government, or of a record title\non the part of the city or consolidated local  government, shall be no defense against\nthe collection of any tax that may be levied against property abutting thereon for the\npayment of the cost of any improvement constructed thereon by order of the city or\nconsolidated local government. Nothing herein  shall be construed to require the\nexpiration of five (5) years to raise a presumption of dedication in any case where,\nunder any rule of law in force in this state, a dedication would be presumed in less\nthan five (5) years. Provided, however, that property of a railroad company shall not\nbe presumed to be dedicated as a public way or easement under this section or any\nother rule of law in force in this state unless the company consents to said\ndedication in writing.\n(4) Any person who shall lodge for reco rd in the county clerk's office, and any county\nclerk or deputy who shall receive for record or permit to be lodged for record, any\nplat, map, deed, or other instrument contrary to the provisions of this section, shall\nbe fined not less than twenty -five dollars ($25) nor more than one hundred dollars\n($100) for each offense.","path":["KRS Chapter 82"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=25070","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:43Z","sha256":"611a168f5d8fb45da1adcd14874951cca990e0d4be6faa03061cf28d55de1f37","source_id":"us-ky","stale":false,"prev":"us-ky/krs-82.280","next":"us-ky/krs-82.405"},"notice":"GroundRules: Original legal text. Not legal advice."}