{"data":{"id":"us-ky/krs-91a.180","jurisdiction":"us-ky","citation":"KRS 91A.180","heading":"Sale or lease of property -- Private improvements of governmentally","body":"owned realty under a conveyance and leaseback agreement.\n(1) The legislative body of any city or urban -county government may sell or lease\nproperty, including any interest in real p roperty, of the city or urban -county\ngovernment which is not needed or has become unsuitable for public use by the city\nor urban-county government, or which property would be more suitably consistent\nwith the public interest for some other use of a public nature.\n(2) When the legislative body of a city or urban -county government finds that the\npurposes of one (1) or more of its departments and the public purposes of the\nCommonwealth would be promoted by the construction of buildings and\nimprovements on lan d owned by the city or urban -county government, it may\nauthorize the construction of such buildings and improvements by private\nentrepreneurs with private capital under a conveyance and leaseback agreement\nauthorized by subsection (3) of this section.\n(3) The legislative body of a city or urban -county government may, subsequent to a\nfinding made pursuant to subsection (2) of this section, convey the fee interest in the\nparticular real property to a private individual, corporation or partnership, subject to\na written agreement by such private entrepreneur to construct such buildings and\nimprovements on the fee simple holding and then subsequently, after placing a\nmortgage necessary to fund the capital improvements on the fee interest by the\nprivate entrepren eur, reconvey the fee title back to the city or urban -county\ngovernment. The city or urban-county government shall in turn execute a long term\nlease on the real property back to the private entrepreneur. Under such conveyances\nthe mortgage shall not consti tute a general obligation or debt of the city or urban -\ncounty government. The city or urban -county government may, in event of default,\nredeem the mortgage if it so elects. In such a leaseback arrangement, with suitable\nrentals, the actual operation of suc h constructed facilities shall be conducted solely\nby the entrepreneur or his agent, but the operation will be considered a public\npurpose and public use of the property. However, the city or urban -county\ngovernment and the lessee shall agree that, and wit h adequate insurance, the city or\nurban-county government shall be held harmless in connection with property loss\nand general liability for injuries or death suffered on the property. Under the\nleaseback agreements the facility will not be considered a gov ernmental facility or\nfunction of the city or urban-county government.","path":["KRS Chapter 91A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=43674","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:49Z","sha256":"b2fde2cb15b788b66195133e900d4e2f441ca3d81e9fe0a016696e08306e7427","source_id":"us-ky","stale":false,"prev":"us-ky/krs-91a.090","next":"us-ky/krs-91a.200"},"notice":"GroundRules: Original legal text. Not legal advice."}