{"data":{"id":"us-ky/krs-82.405","jurisdiction":"us-ky","citation":"KRS 82.405","heading":"Procedure for closing a public way.","body":"(1) If a legislative body of a city determines that a public way located within the city\nshould be closed in whole or in part, and that all property owners in or abutting the\npublic way or portion thereof agree to the closing of the public way, the legislative\nbody may proceed to close the public way or portion thereof as provided in\nsubsection (2) of this section. If that determination is not made, a public way or\nportion thereof may be closed only as provided in subsections (3) and (4) of this\nsection.\n(2) The legislative body of a city may close a public way, in whole or in part, as\nprovided in this subsection, if it makes the following findings of fact:\n(a) Identification of all property owners in or abutting the public way or portion\nthereof to be closed;\n(b) Written notice of the proposed closing was given to all property owners in or\nabutting the public way or portion thereof being closed; and\n(c) All property owners in or abutting the public way or portion thereof being\nclosed have given their written not arized consent to the closing, and copies of\nthe consent shall be attached thereto.\nIf the legislative body makes the findings of fact in subsections (2)(a), (b), and (c) of\nthis section, it may enact an ordinance reciting the findings of fact and declari ng the\npublic way or portion thereof closed without any further action. The ordinance shall\nbe recorded in the office of the county clerk of the county in which the city is\nlocated.\n(3) Unless the findings of fact required in subsection (2) of this section  are made, upon\nthe adoption of an ordinance by the city legislative body closing the whole or any\nportion of a public way, the city shall institute an action in the Circuit Court to have\nit closed. All the owners of property in or abutting that public way , or the portion\nproposed to be closed, shall be made defendants.\n(4) If all defendants fail to object to the closing within twenty (20) days after the date of\nservice, the court shall render a decree accordingly, but if any defendant objects\nwithin that t ime, the court shall award damages, if any, in the same manner as\nprescribed by the Eminent Domain Act of Kentucky and shall direct that the public\nway be closed upon payment into court of the amount awarded. The court shall give\nthese proceedings precedence over other cases.","path":["KRS Chapter 82"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=25071","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:43Z","sha256":"ddd155d28a95c113cb51b5cc657c139b2c1110fba45f1fad81ef42505de38d39","source_id":"us-ky","stale":false,"prev":"us-ky/krs-82.400","next":"us-ky/krs-82.600"},"notice":"GroundRules: Original legal text. Not legal advice."}