CHAPTER 1 Boundaries

1.010. Legislative intent in establishing Kentucky State Plane Coordinate System.

It is the intent of the General Assembly of the Commonwealth of Kentucky that KRS 1.020 shall not eliminate the existing methods of describing points on, within, or above the surface of the earth, as in metes and bounds or, in western Kentucky, the public land system, but rather to enhance these existing methods and establish a conformity for defining and stating the geographic positions or locations of points on, within, or above the surface of the earth and retracement purposes.

History. Enact. Acts 1992, ch. 419, § 2, effective July 14, 1992; 2020 ch. 77, § 1, effective July 15, 2020.

1.020. Kentucky State Plane Coordinate System.

  1. The Kentucky State Plane Coordinate System, which is hereby adopted, means a system of plane coordinates which have been established by the National Oceanic and Atmospheric Administration, through its National Geodetic Survey, for defining and stating the geographic positions or locations of points on, within, or above the surface of the earth within the Commonwealth of Kentucky.
  2. For this system, the Commonwealth, through the Commonwealth Office of Technology, under KRS 42.650 and advised by the Geographic Information Advisory Council, under KRS 42.740 , shall establish and publish a series of layered zones covered by geodetically referenced mapping projections adopted and supported by the National Geodetic Survey as a component of the National Spatial Reference System. Each series of zones shall be identified by the geodetic datum upon which they are defined and each zone shall remain uniquely and consistently defined throughout its implementation within a particular series.
  3. One (1) U.S. survey foot equals (1200)/(3937) meter. For conversion of meters to U. S. survey feet, multiply the meters by 3.28083333333 to twelve (12) significant figures. One (1) international foot equals 0.3048 meter exactly. For conversion of meters to international feet, multiply the meters by 3.280839895. Unless otherwise originally established for an existing series, the base unit of linear measure for defining all zones within each series of the Kentucky State Plane Coordinate System shall be the meter. The specific constant for converting distances within each zone from the meter to the customary foot shall be:
    1. The U.S. survey foot conversion factor as originally and exclusively specified for any existing series; and
    2. The international foot conversion factor exclusively for each subsequent series established hereafter.
  4. The plane coordinate values to be used for expressing the geographic position or location of a point in the appropriate zone of the Kentucky State Plane Coordinate System shall consist of two (2) distances expressed in customary feet and decimals of a foot or meters and decimals of a meter. When the values are expressed in customary feet, the meter to foot conversion factor for the respective Kentucky State Plane Coordinate System series, as specified in subsection (3) of this section, shall be used. One (1) of the distances, to be known as the North y-coordinate, shall give the distance north of the X axis. The other, to be known as the “East x-coordinate,” shall give the distance east of the Y axis. The Y axis of any zone shall be parallel with the central meridian of that zone. The X axis of any zone shall be at right angles to the central meridian of that zone.
  5. For purposes of describing the location of any survey station or land boundary corner in the Commonwealth of Kentucky, it shall be considered a complete, legal, and satisfactory description of the location to give the position of the survey station or land boundary corner on the Kentucky State Plane Coordinate System.
  6. Nothing contained in this section shall require a purchaser or mortgagee of real property to rely wholly on a land description any part of which depends exclusively upon the Kentucky State Plane Coordinate System.
  7. When any tract of land to be defined by a single description extends from one (1) into multiple mutually adjacent zones, the position of all points on its boundaries shall be referred exclusively to one (1) of the multiple zones. The zone which is used shall be named in the description.
  8. No coordinates based on the Kentucky State Plane Coordinate System, purporting to define the position of a corner on a land boundary, shall be presented to be recorded in any public land records or deed records unless the corner has been tied to a control monument or station established by conforming to the standards of accuracy for boundary surveying as specified by administrative regulations duly promulgated under KRS Chapter 322.
  9. The use of the term “KENTUCKY STATE PLANE COORDINATE SYSTEM” on any map, report of survey, or other document shall be limited to coordinates based on the Kentucky State Plane Coordinate System as defined in this section.
  10. If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
  11. The provisions of this chapter shall not be construed to prohibit the appropriate use of other geodetic reference networks.

History. Enact. Acts 1992, ch. 419, § 3, effective July 14, 1992; 2020 ch. 77, § 2, effective July 15, 2020.

1.100. Boundary with Virginia and West Virginia.

The boundary with Virginia and West Virginia begins at the point where the Carolina, now Tennessee, line crosses the top of the Cumberland Mountain, near Cumberland Gap; thence it runs northeastwardly along the top, or highest part of the said Cumberland Mountain, keeping between the headwaters of Cumberland and Kentucky Rivers, on the west side thereof, and the headwaters of Powell’s and Guest’s Rivers, and the Pond Fork of Sandy, on the east side thereof, continuing along the said top, or highest part of said mountain, crossing the road leading over the same at the Little Paint Gap, where by some it is called the Hollow Mountain, and where it terminates at the west fork of Sandy, commonly called Russell’s Fork; thence with a line to be run north 45 deg. east till it intersects the other great principal branch of Sandy, commonly called the northeastwardly branch; thence down the said northeastwardly branch to its junction with the main west branch, and down main Sandy to its confluence with the Ohio.

History. 187] G.S., ch. 8, pp. 168 to 170; Act of December 12, 1799.

Compiler’s Notes.

The boundary of Kentucky is, for the most part, based on the original boundaries of Virginia, the state out of which Kentucky was carved. When Kentucky became a state in 1792 it was confined within the same limits as had bounded the western part of Virginia.

The colony of Virginia was settled first in 1607, but the charter given it by the Crown was indefinite as to the western boundary of the colony, virtually nothing being known about the land west of the mountains. Virginia, in November, 1783, created out of Orange County a new county to be known as Augusta County, whose boundaries included the present State of Kentucky. It was to embrace all territory northwest of a line “to be run from the head spring of Hedgman River to the head spring of the river Potowmack.”

Augusta County, Virginia, was divided in 1769, the western portion being known as Botetourt County; a few years later Fincastle County was split off from Botetourt, to include all of Botetourt County “within a line, to run up the east side of New River to the mouth of Culberson’s Creek, thence a direct line to the Catawba road, where it crosses the dividing ridge, between the north fork of Roanoke and the waters of New River, thence with the top of the ridge to the bent where it turns eastwardly, thence a south course, crossing Little River, to the top of the Blue Ridge of mountains.”

The present eastern boundary of Kentucky corresponds roughly to that of Kentucky County, which was one of the three counties into which Fincastle was divided after Fincastle was abolished in 1776. Kentucky County lay south and west of a line running up the Big Sandy from the Ohio, and up the “northeasterly branch thereof to the Great Laurel Ridge or Cumberland Mountains”; then the line was to go along the mountains in a southwesterly direction until it struck the North Carolina line.

Virginia originally owned the territory north of the Ohio, as well as what is now the area of the State of Kentucky. In 1784, Virginia deeded to the Congress of the United States the land north and northwest of the Ohio River, retaining the rest. Courts have interpreted the cession to mean that the boundary of the land kept by Virginia was not the center of the Ohio, but the low water mark on the northern or northwestern shores.

As a result of the French and Indian War, Great Britain had acquired the land between the Appalachian Mountains and the Mississippi River, the Treaty of Paris fixing the boundary line between Spanish and British possessions as the middle of the Mississippi. The western boundary so established became ipso facto the boundary of Virginia, and, in 1783, was recognized by Great Britain as the western boundary of the United States.

Kentucky entered the union in 1792, and, by virtue of an Act of the Virginia legislature of 1789, known as the “Compact with Virginia,” succeeded to the boundary theretofore delimiting the western part of Virginia.

The boundary here described is the result of a survey undertaken in 1799 and agreed to by commissioners appointed by the states of Kentucky and Virginia to ascertain the line. Their agreement was approved by the legislatures of both states, and the line as described therein was made the boundary.

When West Virginia separated from Virginia and became a state in 1863, it took over the Kentucky boundary that formerly delimited Virginia on the west, insofar as that old Virginia boundary was the boundary of the new state. The entire eastern boundary of Kentucky on the one hand, and the two Virginias on the other, however, has not changed since 1799.

The Kentucky Act of approval contained a provision validating all land entries made in Virginia prior to October 1, 1799 of lands lying in the forks of Sandy or east of the Cumberland Mountains on the waters of Sandy, and found by the survey to be in Kentucky. This provision has served its purpose and has been omitted.

Opinions of Attorney General.

The present boundary at the middle of the Tug Fork branch of the Big Sandy between Kentucky and West Virginia will remain in the same geographic location even after proposed construction changes the course of the channel of the Tug Fork River. OAG 72-107 .

Research References and Practice Aids

Cross-References.

Boundary markers, damaging or removing, KRS 433.770 .

Rivers along state boundary, crime committed on, venue, KRS 452.530 .

1.200. Boundary with Ohio, Indiana, and Illinois.

  1. The boundary with Indiana begins at the point on the Ohio River common to the boundary lines for the States of Ohio, Indiana, and the Commonwealth of Kentucky, thence southwesterly, along the boundary line common to the States of Indiana and Kentucky, the boundary line being a series of straight lines between sequentially numbered geodetic points, 1927 North American Datum, as fixed by the Supreme Court of the United States in Kentucky v. Indiana, No. 81, Original, decided  November 4, 1985, thence to the point on the Ohio River common to the boundary lines for the States of Indiana, Illinois, and the Commonwealth of Kentucky as described in the case cited above.
  2. The boundary with Ohio begins at the point on the Ohio River common to the boundary lines for the States of Ohio, West Virginia, and the Commonwealth of Kentucky, thence generally northwesterly, northerly, and westerly along the boundary line common to the States of Ohio and Kentucky, the boundary line being a series of straight lines between sequentially numbered geodetic points, 1927 North American Datum, as fixed by the Supreme Court of the United States in  Ohio v. Kentucky, No. 27, Original, decided April 15, 1985, thence to the point on the Ohio River common to the boundary lines for the States of Ohio, Indiana, and the Commonwealth of Kentucky as described in the case cited above.
  3. The boundary with Illinois is the low water mark on the northern side of the Ohio River, beginning with the point on the Ohio River common to the boundary lines for the States of Indiana, Illinois, and the Commonwealth of Kentucky, thence due west and downstream with the low water mark on the northern side of the Ohio River, and into the Mississippi River, intersecting a line drawn through the center of the Mississippi.

History. Enact. Acts 1986, ch. 272, §§ 1-3, effective July 15, 1986.

Compiler’s Notes.

Section 5 of 1986 Ky. Acts ch. 272 read, “KRS Title I, Chapter I, Boundary with Ohio, Indiana and Illinois, Acts 1942, c. 116, is repealed.”

The 1784 deed of cession by Virginia applied only to land north and northwest of the Ohio River, and it has since been held that Kentucky jurisdiction extends to the low water mark on the north or northwestern shore. The part of the preceding description describing in detail a segment of the boundary between Indiana and Kentucky near Evansville was derived from an 1878 Act confirming the report of surveyors appointed by Kentucky and Indiana to run the true line between those states. The survey was made necessary by the fact that while in 1784 Green River Island in the Ohio River was within the Kentucky line, the river later changed its course, and the island became a part of the northern bank.

In 1896 the United States Supreme Court in the case of Indiana v. Kentucky ,163 U.S. 520, 16 S. Ct. 1162, 41 L. Ed. 250 (1896) fixed the boundary line between the State of Indiana and the Commonwealth of Kentucky between certain terminal points but neglected to fix points where such terminal points reached the low water mark on the right side of the Ohio River forming the remainder of the boundary line between the states. A dispute arose as to the boundary line connecting said terminal points with said low water mark. Pursuant to negotiations carried on between Indiana and Kentucky the following Act (1942, ch. 116) was enacted by the General Assembly:

Ҥ 1. That on and after the enactment of a similar and reciprocal law by the State of Indiana and the approval and consent of the Congress of the United States of America to the compact thereby effected, the boundary line between the State of Indiana and the Commonwealth of Kentucky shall be as follows, that is to say:

“Commencing at a point on the line between Sections 15 and 14, Township 7 South, Range 10 West, and 67.25 chains South of the Northeast corner of Section 15, the same being the beginning point in the description of the part of the boundary line as fixed by the Supreme Court of the United States in Indiana v. Kentucky, decided May 18, 1896, and reported in 163 U.S. Reports; thence South 0°, 53´ 15" West to the low water mark on the right side of the Ohio River and thence upstream at low watermark on the right side of said River. Also beginning at the same beginning point to-wit: the beginning point in the description of the part of the boundary line between the State of Indiana and the Commonwealth of Kentucky as fixed by the Supreme Court in the cases above recited and following that line to the end of so much of said boundary line as was fixed by said decree; thence due West to the low water mark on the right side of the Ohio River and thence downstream with said low water mark on the right side of said River.

“§ 2. Upon the enactment of a similar and reciprocal law by the State of Indiana, and the approval and consent of the Congress of the United States to the compact thereby effected, evidence thereof, together with the survey and report of the Commissioners by whom the boundary line was agreed upon, shall be filed in the office of the Secretary of State of Kentucky, and a copy thereof shall be filed in the office of the county court clerk of Henderson County, Kentucky.”

Since the conditions necessary to make the Act effective have been met (Kentucky Acts 1942, ch. 116; Indiana Acts 1943, ch. 2; 57 Stat. 248 (1943)), the above description of the boundary line between Kentucky and Ohio, Illinois and Indiana has been substituted for the boundary line description derived from Carroll’s Statutes, 186m, 199 (1878, ch. 453) which read, “The boundary with Ohio, Indiana and Illinois begins at a point where a line running through the center of the Big Sandy River intersects the low water mark on the northern shore of the Ohio River; thence it runs in a westerly direction along the northern or northwestern shore of the Ohio, to a stake on the bank of the Ohio River, on the south line of fractional section fourteen, township seven, south of range ten, west of the second meridian, opposite the mouth of Green River, in Vanderburgh County, Indiana; thence north 82° west 14.00 chains to a stake; thence north 73° west 5.50 chains to a stone marked ‘M’ on the section line dividing fractional sections 14 and 15, 67.57 chains south of the section corner, 10, 11, 14, 15, and 0.82 chains north of a sycamore 24" on the bank of the Ohio River; thence north 611/4° west 3.56 chains to a stone; thence north 431/4° west 10.25 chains to a stone; thence north 471/4° west 18.50 chains to a stone; thence north 541/4 west 22.75 chains to a stone; thence north 681/4° west 19.00 chains to a stone; thence north 671/4° west 20.50 chains to a stone marked ‘N’ on the section line dividing fractional sections 15 and 16, 15.81 chains south of the section corner 9, 10, 15, 16, mulberry (10" old tree), south 66° west 4 links; thence north 711/2° west 7.90 chains to a stone; thence north 621/2° west 6.31 chains to a stone; thence north 581/2° west 20.00 chains to a stone marked ‘O’ on the section line dividing fractional sections 9 and 16, 29.67 chains west of the section corner 9, 10, 15, 16, sycamore 88" south 371/2° east 140 links, sycamore 72" north 843/4° west 115 links; thence north 613/4° west 4.53 chains to a stone; thence north 621/2° west 10.00 chains to a stone; thence north 62° west 34.00 chains to a stone; thence north 57° west 10.00 chains to a stone marked ‘P’ on the section line dividing fractional sections 8 and 9, 50.00 chains south of section corner 4, 5, 8, 9; thence north 57° west 13.84 chains to a stone; thence north 54° west 10.00 chains to a stone; thence north 521/4° west 10.66 chains to a stone; thence north 47° west 35.00 chains to a stone; thence north 41° west 7.12 chains to a stone marked ‘Q’ on the section line dividing fractional sections 5 and 8, 58.39 chains west of the section corner 4, 5, 8, 9, stump of an old tree (maple), sycamore 56" north 771/2° east 29 links, elm 49" north 4° east 76 links; thence north 39° west 10.00 chains to a stone; thence north 37° west 9.00 chains to a stone; thence north 34° west 10.00 chains to a stone; thence north 32° west 8.48 chains to a stone marked ‘R’ on the section line dividing fractional sections 5 and 6, 52.92 chains south of the section corner 5, 6, 31, 32 (B), maple 45" north 52° west 381/2 links; thence north 31° west 13.68 chains to a stone; thence north 29° west 10.91 chains to a stone; thence north 263/4° west 10.75 chains to a stone; thence north 241/2° west 13.78 chains to a stone; thence north 151/4° west 9.85 chains to a stone marked ‘A’ on the township line dividing townships 6 and 7, south of range 10, west of the second meridian, old tree standing (elm); thence north 12° west 4.00 chains, opposite the foot of Green River Island; thence along the northern or northwestern bank of the Ohio River, and into the Mississippi River, intersecting a line drawn through the center of the Mississippi.

“The survey undertaken by D.N. Walden and Aug. Pfafflin in pursuance of an Act of the General Assembly, entitled ‘An Act to fix and determine the boundary line between the states of Indiana and Kentucky above and near Evansville,’ approved April 21, 1873, and confirmed by ‘An Act to establish the boundary line between the states of Indiana and Kentucky above and near Evansville, and to confirm the report of the commissioners running the same,’ approved March 15, 1878, or a copy of the survey, duly certified by the clerk of the Henderson county court, shall be conclusive evidence of the boundary line so run, dividing Green River Island, so called, from the state of Indiana, in any of the courts of this state.”

The case of Ohio v. Kentucky , 471 U.S. 153, 105 S. Ct. 2011, 85 L. Ed. 2d 119 (1985) fixed the boundary between Kentucky and Ohio and gave Kentucky and Ohio concurrent jurisdiction over the Ohio River.

NOTES TO DECISIONS

1.Jurisdiction over Ohio River.

Long acquiescence by Ohio in Kentucky’s open claims over the river and a long line of cases by the United States Supreme Court and the courts of both Ohio and Kentucky for more than 150 years placed Ohio on notice and it is now foreclosed from claiming that its boundary with Kentucky lies in the middle of the Ohio River. Ohio v. Kentucky, 410 U.S. 641, 93 S. Ct. 1178, 35 L. Ed. 2d 560, 64 Ohio Op. 2d 283, 1973 U.S. LEXIS 101 (U.S. 1973).

The boundary of the State is the northwestern bank of the Ohio, from the mouth of the Big Sandy to the mouth of the Ohio. McFarland v. McKnight, 45 Ky. 500 , 1846 Ky. LEXIS 46 ( Ky. 1846 ).

An Ohio justice of the peace who solemnized a marriage on a ferryboat in the Ohio River midway between Newport, Ky., and Cincinnati, Ohio, was convicted of unlawfully performing a marriage without a license or authorization. The boundary and jurisdiction of Kentucky extend to the western or northwestern side of the Ohio River. McFall v. Commonwealth, 59 Ky. 394 , 1859 Ky. LEXIS 123 ( Ky. 1859 ).

The boundary of the State is the northern shore of the Ohio at the low water mark. Therefore the sale of liquor on a steamer lying at a wharf on the Kentucky side of the river is an act taking place within the territory of Kentucky. Commonwealth v. Louisville & E. Packet Co., 117 Ky. 936 , 80 S.W. 154, 25 Ky. L. Rptr. 2098 , 1904 Ky. LEXIS 263 ( Ky. 1904 ).

Kentucky succeeded to the proprietorship of Virginia over the Ohio River to the low water mark on the northwestern shore; Kentucky can protect fish in the Ohio, and prosecute for violating its fishing laws one who is seining 100 yards south of the low water mark. The provision in the Virginia Compact for concurrent jurisdiction on the Ohio does not affect this power of Kentucky. Nicoulin v. O'Brien, 172 Ky. 473 , 189 S.W. 724, 1916 Ky. LEXIS 242 ( Ky. 1916 ), aff'd, 248 U.S. 113, 39 S. Ct. 23, 63 L. Ed. 155, 16 Ohio L. Rep. 459, 1918 U.S. LEXIS 1697 (U.S. 1918).

Except so far as Kentucky may have surrendered its jurisdiction to the United States for national purposes, its sovereign power extends across the Ohio River to the low water mark on the northern side. Shannon v. Streckfus Steamers, Inc., 279 Ky. 649 , 131 S.W.2d 833, 1939 Ky. LEXIS 326 ( Ky. 1939 ).

The boundary between Ohio and Kentucky “is the low-water mark on the northerly side of the Ohio River as it existed in the year 1792” and not today. Ohio v. Kentucky, 444 U.S. 335, 100 S. Ct. 588, 62 L. Ed. 2d 530, 1980 U.S. LEXIS 67 (U.S. 1980).

The United States Supreme Court fixed the boundary between Kentucky and Ohio and gave Kentucky and Ohio concurrent jurisdiction over the Ohio River. Ohio v. Kentucky, 471 U.S. 153, 105 S. Ct. 2011, 85 L. Ed. 2d 119, 1985 U.S. LEXIS 2545 (U.S. 1985).

The United States Supreme Court ordered that the boundary line between Illinois and Kentucky is fixed as geodetically described in Joint Exhibits 3 through 26 in the Special Master’s Report filed with the court on December 2, 1994, incorporated by reference in the opinion of the Supreme Court and that the State of Illinois and Commonwealth of Kentucky each have concurrent jurisdiction over the Ohio River. Illinois v. Kentucky, 513 U.S. 177, 115 S. Ct. 896, 130 L. Ed. 2d 680, 1995 U.S. LEXIS 688 (U.S. 1995).

2.Change in Course of River.

Where at the time of the admission of Kentucky to the Union, the channel of the Ohio River lay north of Green River Island but since that time the channel has filled and it is possible at times to walk from the island to the mainland and until the time of this action Kentucky had continually exercised sovereignty over the land, the land is part of Kentucky even though the tract is not separated at all from the mainland. Indiana v. Kentucky, 136 U.S. 479, 10 S. Ct. 1051, 34 L. Ed. 329, 1890 U.S. LEXIS 2226 (U.S. 1890).

3.Bridge Across Ohio River.

Despite the cession of the Northwest Territory by Virginia in 1784, the jurisdiction of Virginia over the bank, bed and waters of the Ohio River remained intact and when Kentucky became a state, she succeeded to the rights of Virginia. It follows that a bridge across the Ohio, between Kentucky and Indiana, is in the former state. Louisville Bridge Co. v. Louisville, 81 Ky. 189 , 5 Ky. L. Rptr. 16 , 5 Ky. L. Rptr. 473 , 1883 Ky. LEXIS 50 (Ky. Ct. App. 1883), overruled, Henderson Bridge Co. v. Henderson, 105 Ky. 32 , 36 S.W. 561, 18 Ky. L. Rptr. 417 , 1896 Ky. LEXIS 177 ( Ky. 189 6).

4.Peninsula.

The Ohio River by its meanderings formed a peninsula, across the base of which ran a bayou during high water, but at no other time. The occupants of this area had considered themselves residents of Indiana, and Indiana had been exercising jurisdiction. The land was held not a part of Kentucky. Handly's Lessee v. Anthony, 18 U.S. 374, 5 L. Ed. 113, 1820 U.S. LEXIS 262 (U.S. 1820).

5.Service of Summons.

Judgment based on service of summons by an Indiana official on a steamboat is not void for want of jurisdiction, even though the boundary line between Kentucky and Indiana is the low water mark on the northwest side. The Compact with Virginia, giving Kentucky and the states holding the opposite shores concurrent jurisdiction of the Ohio River, allows the service of summons by an Indiana official upon the river itself, south of the low water mark. Wedding v. Meyler, 192 U.S. 573, 24 S. Ct. 322, 48 L. Ed. 570, 1904 U.S. LEXIS 973 (U.S. 1904).

Opinions of Attorney General.

A barge company which conducts the business of midstream refueling of barges on the Ohio River and which anchors its boats and barges in the river 50 to 100 feet from Indiana shore would be within the jurisdiction of the commonwealth of Kentucky for the purpose of paying ad valorem personal property taxes. OAG 77-338 .

Research References and Practice Aids

Cross-References.

Cities bounded in part by Ohio River, concurrent jurisdiction with state over waters opposite city, KRS 81.065 .

Counties bordering on Ohio and Mississippi Rivers, KRS 67.010 .

Stream as boundary between cities or city and county, concurrent jurisdiction over stream, KRS 81.065 .

1.300. Boundary with Missouri.

The boundary with Missouri runs down the middle of the Mississippi River, from a point where a line extended from the low water mark on the northwestern bank of the Ohio River intersects the middle of the Mississippi, to a point where the Kentucky-Tennessee line intersects the middle of the Mississippi for the first time; also, from a point where the Kentucky-Tennessee line intersects the middle of the Mississippi for the second time, between New Madrid, Missouri, and Island No. 10, down the middle of the Mississippi to a point where the line intersects for the third time, near Compromise, Kentucky.

History. 186m.

NOTES TO DECISIONS

1.Legal Boundary Line.

The Kentucky-Missouri boundary runs from a point where the Kentucky-Tennessee line intersects the Mississippi River, to the mouth of the Ohio River, along the middle of the Mississippi River. Among other islands, it gives Island No. 3 to Kentucky. Wilson v. Watson, 144 Ky. 352 , 138 S.W. 283, 1911 Ky. LEXIS 622 ( Ky. 1911 ).

The middle of the Mississippi River is the boundary between Kentucky and Missouri. Shannon v. Streckfus Steamers, Inc., 279 Ky. 649 , 131 S.W.2d 833, 1939 Ky. LEXIS 326 ( Ky. 1939 ).

2.Changes in River Channel.

The boundary between Kentucky and Missouri is the middle of the Mississippi River, as stipulated in the treaty between Great Britain, France and Spain in 1763. The line is the channel as it was then, and subsequent changes in the channel are of no effect. Wolf Island, in the Mississippi below Cairo, appears to have been east of the middle of the channel both in 1763, the date of the treaty, and 1820, the date when Missouri was admitted to the Union and its boundary fixed by the same line. Therefore the island belongs to Kentucky. Missouri v. Kentucky, 78 U.S. 395, 20 L. Ed. 116, 1870 U.S. LEXIS 1489 (U.S. 1871).

3.Ownership of Island.

The islands in the Mississippi River below Cairo, known as Islands Nos. 1, 2, 3, 5 (also called Wolf Island), and 8 belong to Kentucky. Turk v. Wilson's Heirs, 266 Ky. 78 , 98 S.W.2d 4, 1936 Ky. LEXIS 591 ( Ky. 1936 ).

1.400. Boundary with Tennessee.

The boundary with Tennessee begins at a point in the middle of the Mississippi River near Compromise, Kentucky, in latitude 36 deg. 29 min. 57 sec. .7, and runs S. 89 deg. 15 min. 18 sec. E.--passing a large set rock at station 0+456, and passing a small set rock at station 12+840, to station 13+215--the west bank of the Mississippi River. Beginning on the east bank of the Mississippi River, at station 35+363, in latitude 36 deg. 30 min. 00 sec. .29, and running S. 89 deg. 35 min. 15 sec. E., passing a set rock at station 35+877, to a second set rock at station 40+055; thence N. 83 deg. 40 min. 19 sec. E., passing stone No. 1 at station 52+80, to station 66+750, a mulberry post; thence S. 83 deg. 35 min. E., to stone No. 2, at station 79+550; thence S. 88 deg. 57 min. 40 sec. E., to station 90+723; thence S. 88 deg. 5 min. E., to station 95+860; thence S. 88 deg. 10 min. E., to station 101+304; thence S. 87 deg. 17 min. E., to stone No. 3, station 105+600; thence as follows, same course continued, to station 106+586; thence S. 88 deg. 25 min. E., to station 111+568; thence S. 88 deg. 5 min. E., to station 117+226; thence S. 89 deg. 16 min. E., to station 125+059; thence S. 89 deg. 46 min. E., to station 125+667; thence S. 87 deg. 57 min. E., to station 128+307; thence S. 88 deg. 33 min. E., to station 131+035; thence S. 88 deg. 33 min., passing stone No. 4, at 132,000 feet, to station 133+720; thence S. 88 deg. 07 min. E., to station 136+360; thence S. 89 deg. 42 min. E., to station 139+007; thence S. 89 deg. 28 min. E., to station 141+770; thence S. 88 deg. 15 min. E., to station 144+575; thence S. 88 deg. 16 min. E., to station 147+230; thence S. 88 deg. 32 min. E., to station 149+855; thence S. 89 deg. 02 min. E., to station 152+586; thence S. 89 deg. 21 min. E., to station 154+864; thence S. 87 deg. 30 min. E., to station 157+439; thence S. 87 deg. 43 min., passing stone No. 5, to station 160+657; thence S. 89 deg. 12 min. E., to station 163+384; thence S. 89 deg. 15 min. E., to station 168+770; thence S. 89 deg. 31 min. E., to station 171+356; thence S. 89 deg. 51 min. E., to station 174+225; thence N. 89 deg. 18 min. E., to station 176+637; thence N. 89 deg. 28 min. E., to station 179+543; thence N. 89 deg. 57 min. E., to station 182+187; thence N. 89 deg. 59 min. E., to station 184+800, at stone No. 6; thence N. 89 deg. 25 min. E., to station 187+531; thence N. 89 deg. 10 min. E., to station 190+226; thence N. 89 deg. 41 min. E., to station 192+830; thence N. 89 deg. 57 min. E., to station 195+490; thence N. 89 deg. 04 min. E., to station 198+358; thence N. 89 deg. 19 min. E., to station 200+833; thence S. 89 deg. 51 min. E., to station 203+504; thence N. 89 deg. 37 min. E., to station 206+169; thence N. 89 deg. 22 min. E., to station 208+784; thence N. 89 deg. 52 min. E., passing stone No. 7, to station 211+619; thence S. 89 deg. 49 min. E., to station 214+210; thence N. 89 deg. 34 min. E., to station 216+908; thence N. 89 deg. 17 min. E., to station 219+611; thence N. 89 deg. 20 min. E., to station 222+296; thence S. 89 deg. 35 min. E., to station 224+970; thence N. 89 deg. 53 min. E., to station 227+620; thence S. 89 deg. 52 min. E., to station 230+286; thence S. 89 deg. 52 min. E., to station 232+921; thence S. 89 deg. 40 min. E., to station 235+628; thence S. 89 deg. 00 min. E., passing stone No. 8, to station 238+337; thence S. 89 deg. 35 min. E., to station 241+116; thence S. 88 deg. 37 min. E., to station 243+774; thence N. 89 deg. 38 min. E., to station 246+290; thence N. 89 deg. 23 min. E., to station 248+956; thence S. 89 deg. 39 min. E., to station 251+591; thence S. 88 deg. 22 min. E., to station 254+268; thence N. 89 deg. 54 min. E., to station 256+950; thence S. 87 deg. 58 min. E., to station 259+320; thence N. 80 deg. 30 min. E., to station 261+960; thence N. 89 deg. 33 min. E., passing stone No. 9, which is 17 feet north of the line, to station 264+900; thence S. 89 deg. 22 min. E., to station 267+551; thence N. 89 deg. 11 min. E., to station 270+106; thence N. 89 deg. 48 min. E., to station 272+872; thence N. 89 deg. 27 min. E., to station 274+980; thence N. 89 deg. 02 min. E., to station 277+917; thence N. 86 deg. 56 min. E., to station 280+883; thence N. 87 deg. 40 min. E., to station 283+578; thence N. 88 deg. 32 min. E., to station 285+960; thence N. 87 deg. 50 min. E., to station 288+669; thence N. 88 deg. 37 min. E., passing stone No. 10, to station 291+376; thence N. 89 deg. 35 min. E., to station 293+993; thence N. 88 deg. 59 min. E., to station 296+679; thence N. 88 deg. 54 min. E., to station 299+333; thence S. 88 deg. 36 min. E., to station 301+989; thence S. 88 deg. 32 min. E., to station 304+650; thence S. 89 deg. 34 min. E., to station 307+523; thence N. 89 deg. 45 min. E., to station 309+998; thence S. 88 deg. 28 min. E., to station 312+975; thence S. 89 deg. 54 min. E., to station 315+642; thence S. 89 deg. 34 min. E., passing stone No. 11, to station 317+908; thence S. 89 deg. 53 min. E., to station 320+560; thence S. 86 deg. 37 min. E., to station 323+200; thence S. 89 deg. 13 min. E., to station 325+682; thence S. 89 deg. 19 min. E., to station 328+412; thence S. 89 deg. 13 min. E., to station 331+075; thence S. 89 deg. 09 min. E., to station 334+188; thence S. 88 deg. 51 min. E., to station 336+386; thence S. 89 deg. 42 min. E., to station 339+458; thence S. 89 deg. 34 min. E., to station 342+446; thence N. 89 deg. 33 min. E., passing stone No. 12, to station 344+756; thence S. 89 deg. 58 min. E., to station 347+391; thence S. 89 deg. 50 min. E., to station 350+022; thence S. 89 deg. 32 min. E., to station 352+614; thence S. 89 deg. 47 min. E., to station 355+378; thence east, to station 357+910; thence S. 89 deg. 33 min. E., to station 360+636; thence S. 89 deg. 45 min. E., to station 363+332; thence S. 89 deg. 16 min. E., to station 365+627; thence S. 89 deg. 29 min. E., to station 368+161; thence S. 89 deg. 25 min. E., passing stone No. 13, to station 371+107; thence S. 89 deg. 18 min. E., to station 373+770; thence S. 88 deg. 40 min. E., to station 376+410; thence N. 88 deg. 58 min. E., to station 378+602; thence N. 89 deg. 53 min. E., to station 381+722; thence S. 89 deg. 51 min. E., to station 384+050; thence S. 89 deg. 28 min. E., to station 386+683; thence S. 89 deg. 21 min. E., to station 388+861; thence N. 89 deg. 07 min. E., to station 391+577; thence S. 89 deg. 36 min. E., to station 394+175; thence N. 89 deg. 23 min. E., passing stone No. 14, to station 396+994; thence N. 88 deg. 56 min. E., to station 399+578; thence S. 88 deg. 42 min. E., to station 402+690; thence S. 85 deg. 45 min. E., to station 405+210; thence east to station 407+833; thence S. 89 deg. 39 min. E., to station 409+587; thence S. 89 deg. 01 min. E., to station 413+050; thence S. 88 deg. 10 min. E., to station 415+686; thence S. 88 deg. 23 min. E., to station 418+469; thence S. 89 deg. 18 min. E., passing stone No. 15, to station 423+918; thence S. 88 deg. 16 min. E., to station 425+975; thence S. 87 deg. 45 min. E., to station 428+195; thence S. 88 deg. 41 min. E., to station 431+829, a small stone on the west bank of the Tennessee River; thence with and down said River to a small stone on the east bank of the Tennessee River, at station 427+721, the river being the common boundary between the two states and subject to their common use and concurrent jurisdiction; thence N. 86 deg. 41 min. E., to station 440+167; thence S. 83 deg. 28 min. E., to station 446+563; thence S. 83 deg. 8 min. E., passing stone No. 16, to station 449+541; thence S. 82 deg. 45 min. E., to station 451+754; thence S. 82 deg. 8 min. E., to station 455+898; thence S. 83 deg. 11 min. E., to station 459+780; thence S. 83 deg. 33 min. E., to station 462+499; thence S. 82 deg. 57 min. E., to station 466+944; thence S. 85 deg. 37 min. E., to station 470+719; thence S. 84 deg. 44 min. E., to station 475+666, at stone No. 17, on the west bank of the Cumberland River; thence S. 85 deg. 29 min. E., passing a small stone on the east bank of Cumberland River, to station 491+313, a small rock at hickory and gum; thence S. 5 deg. 12 min. W. 11,149 feet, to small stone at three black oaks, station 490+302; thence N. 87 deg. 44 min. E., passing stones Nos. 18 and 19, to station 536+512; thence N. 88 deg. 20 min. E., to stone No. 20, at station 550+302; thence N. 88 deg. 30 min. E., to station 552+882; thence N. 89 deg. 21 min. E., to station 567+247; thence N. 89 deg. 16 min. E., to station 577+472, passing stone No. 21; thence N. 88 deg. 44 min. E., to station 585+897; thence N. 89 deg. 31 min. E., to station 591+713; thence N. 87 deg. 15 min. E., to station 598+581; thence N. 89 deg. 41 min. E., to station 600+818; thence N. 89 deg. 28 min. E., to station 602+469, stone No. 22; thence N. 89 deg. 31 min. E., to station 606+144; thence N. 89 deg. 29 min. E., to station 617+818; thence N. 89 deg. 06 min. E., to station 623+595; thence N. 88 deg. 33 min. E., to station 626+027; thence N. 89 deg. 05 min. E., to stone No. 23, at station 628+867; thence N. 89 deg. 08 min. E., to station 634+910; thence N. 88 deg. 47 min. E., to station 637+370; thence N. 89 deg. 54 min. E., to station 645+031; thence N. 89 deg. 24 min. E., to station 650+332; thence N. 89 deg. 58 min. E., passing stone No. 24, to station 655+925; thence N. 89 deg. 25 min. E., to station 661+974; thence N. 89 deg. 43 min. E., to station 668+012; thence S. 89 deg. 46 min. E., to station 676+269; thence N. 88 deg. 33 min. E., to station 678+759; thence N. 88 deg. 50 min. E., passing stone No. 25, to station 685+682; thence N. 89 deg. 27 min. E., to station 690+207; thence N. 89 deg. 31 min. E., to station 698+455; thence N. 89 deg. E., to station 703+451; thence N. 89 deg. 27 min. E., to station 704+913; thence N. 89 deg. 26 min. E., passing stone No. 26, to station 707+827; thence N. 89 deg. 28 min. E., to station 709+759; thence N. 88 deg. 46 min. E., to station 720+694; thence N. 89 deg. 03 min. E., to station 723+591; thence N. 88 deg. 42 min. E., to station 727+474; thence N. 89 deg. 13 min. E., to station 729+870; thence N. 87 deg. 52 min. E., passing stone No. 27, to station 735+796; thence N. 89 deg. E., to station 739+227; thence N. 88 deg. 34 min. E., to station 744+100; thence N. 88 deg. 39 min. E., to station 746+259; thence N. 88 deg. 26 min. E., to station 749+202; thence N. 88 deg. 44 min. E., to station 753+994; thence N. 88 deg. 32 min. E., to station 757+601; thence N. 87 deg. 28 min. E., to station 761+760, at stone No. 28; thence N. 98 deg. 44 min. E., to station 766+453; thence S. 89 deg. 11 min. E., to station 769+468; thence N. 87 deg. 59 min. E., to station 773+549; thence N. 89 deg. 18 min. E., to station 779+196; thence N. 88 deg. 53 min. E., passing stone No. 29, to station 791+286; thence N. 88 deg. 33 min. E., to station 798+393; thence N. 88 deg. 24 min. E., to station 805+863; thence S. 89 deg. 58 min. E., passing stone No. 30, to station 813+522; thence N. 86 deg. 37 min. E., to station 827+196; thence N. 87 deg. 59 min. E., to station 831+967; thence N. 88 deg. 12 min. E., passing stone No. 31, to station 846+533; thence N. 88 deg. 53 min. E., to stone No. 32, at station 856+572; thence S. 47 deg. 53 min. E., to station 866+860, large stone at black-jack; thence N. 68 deg. 1 min. E., to station 870+893, the first corner of the Middleton offset; thence N. 7 deg. 30 min. E., 2484 feet, to second corner; thence S. 82 deg. 30 min. E., 1927 feet, to third corner; thence S. 7 deg. 30 min. W., 1256 feet, to fourth corner, and station 873+125; thence N. 68 deg. 01 min. E., to stone N. 33, at station 884+596, (beech); thence S. 88 deg. 19 min. E., to station 892+213; thence S. 88 deg. 2 min. E., to station 897+903; thence S. 89 deg. 40 min. E., to station 901+559; thence S. 89 deg. 8 min. E., to station 905+502; thence S. 87 deg. 39 min. E., to station 910+483; thence S. 88 deg. 5 min. E., to station 918+635, passing stone No. 34; thence S. 88 deg. 13 min. E., to station 927+928; thence S. 88 deg. 31 min. E., to station 929+288; thence S. 87 deg. 18 min. E., to station 935+811; thence S. 83 deg. 5 min. E., to station 942+387; thence S. 84 deg. 14 min. E., passing stone No. 35, to station 947+111; thence S. 86 deg. 8 min. E., to station 954+019; thence S. 84 deg. 56 min. E., passing large stone on Nashville and Glasgow turnpike, to station 958+582; thence S. 85 deg. 17 min. E., to station 964+088; thence S. 86 deg. 13 min. E., to station 967+751; thence S. 85 deg. 37 min. E., to station 971+804; thence S. 85 deg. 40 min. E., passing stone No. 36, to station 975+039; thence S. 86 deg. 39 min. E., to station 978+405; thence S. 85 deg. 9 min. E., to station 984+655; thence S. 88 deg. 27 min. E., to station 986+152; thence S. 86 deg. 20 min. E., to station 997+314; thence S. 87 deg. 6 min. E., to station 998+807, at stone No. 37; thence S. 87 deg. 3 min. E., to station 1008+852; thence S. 85 deg. 3 min. E., to station 1012+618; thence S. 86 deg. 2 min. E., to station 1014+427; thence S. 82 deg. 8 min. E., to station 1018+104; thence S. 87 deg. 14 min. E., passing stone No. 38, to station 1027+678; thence S. 88 deg. 8 min. E., to station 1033+997; thence N. 89 deg. 27 min. E., to station 1036+143; thence S. 87 deg. 51 min. E., to station 1050+395; thence S. 87 deg. 9 min. E., to station 1053+164, passing stone No. 39; thence S. 87 deg. 24 min. E., passing stone No. 40, to station 1081+944; thence N. 88 deg. 36 min. E., to station 1092+355; thence S. 89 deg. 17 min. E., to station 1100+366; thence S. 88 deg. 29 min. E., passing stone No. 41, to station 1108+262; thence N. 86 deg. 41 min. E., to station 1109+955; thence S. 88 deg. 29 min. E., to station 1129+562; thence S. 87 deg. 52 min. E., passing stone No. 42, to station 1130+985; same course continued, passing stone No. 43, to station 1159+044; thence S. 89 deg. 23 min. E., to station 1165+889; thence N. 89 deg. 12 min. E., to station 1177+670; thence S. 79 deg. 53 min. E., passing small stone at station 1179+907, on the west bank of Cumberland River, to stone No. 44, at station 1180+535; thence N. 87 deg. 19 min. E., to station 1203+306; thence N. 79 deg. 21 min. E., to stone No. 45, at station 1206+988; thence N. 87 deg. 21 min. E., to station 122+383; thence N. 89 deg. 21 min. E., to station 1223+758; thence N. 87 deg. 21 min. E., to station 1228+654; thence N. 80 deg. 21 min. E., to station 1232+088; thence S. 89 deg. 09 min. E., to station 1239+104; thence N. 70 deg. 36 min. E., to station 1241+124; thence S. 88 deg. 39 min. E., to stone No. 46, at station 1246+318; thence S. 88 deg. 24 min. E., to station 1248+594; thence S. 87 deg. 59 min. E., to station 1251+723, passing stone No. 47, to station 1272+688; thence S. 87 deg. 18 min. E., to station 1275+958; thence S. 88 deg. 30 min. E., to station 1277+938; thence S. 88 deg. E., to station 1285+750; thence S. 87 deg. 45 min. E., to station 1291+058; thence S. 87 deg. E., passing stone No. 48, to station 1297+045; thence S. 88 deg. E., to station 1307+584; thence S. 87 deg. 45 min. E., passing stone No. 49, to station 1328+850; thence S. 85 deg. 30 min. E., to station 1342+320; thence S. 87 deg. 30 min. E., passing stone No. 50, to station 1353+385; thence S. 86 deg. 30 min. E., to station 1356+650; thence S. 87 deg. 30 min. E., passing stone No. 51, to station 1401+600, at stone No. 52; thence S. 87 deg. 30 min. E., to station 1424+100, at stone No. 53; same course continued to station 1453+500, at stone No. 54; thence S. 89 deg. 5 min. E., to station 1474+000; thence S. 87 deg. 40 min. E., to station 1480+570, at stone No. 55; thence S. 86 deg. 40 min. E., to station 1505+400, at stone No. 56; thence S. 89 deg. 10 min. E., to station 1521+100; thence S. 85 deg. 10 min. E., to station 1527+200; thence S. 86 deg. 40 min. E., to station 1531+061, stone No. 57; thence S. 87 deg. 40 min. E., passing stone No. 58, to station 1545+530; thence S. 88 deg. 10 min. E., to station 1557+186; thence S. 87 deg. 15 min. E., to station 1562+732; thence S. 88 E., to station 1567+150; thence S. 88 deg. 15 min. E., passing stone No. 59, to station 1588+290; thence N. 89 deg. 15 min. E., to station 1590+696; thence S. 88 deg. 15 min. E., passing stone No. 60, to station 1605+398; thence S. 88 deg. 45 min. E., to station 1610+550; thence S. 88 deg. 15 min. E., to station 1617+934; thence S. 88 deg. E., to station 1625+094; thence S. 86 deg. 50 min. E., passing stone No. 61, to station 1641+682, at stone No. 62; thence S. 88 deg. 50 min. E., to station 1670+466, at stone No. 63; same course continued to station 1696+578, at stone at seven pines and two black oaks, Tennessee and Kentucky corner; thence N. 33 deg. 16 min. E., 8309 feet, to Tennessee and Virginia corner, at stone at chestnut-oak, latitude 36 deg. 36 min. 00 sec. .94. The line of boundary from the stone at seven pines to the stone at the Tennessee and Virginia corner, follows the backbone of Cumberland mountain.

From the stone in Cumberland Gap, latitude 36° 36´ 11".74, to Virginia and Tennessee corner, is S. 28° 11´ W. 1200 feet.

From same stone to seven pines, is S. 32° 44´ W. 9510 feet.

From stone John G. Newlee’s sulphur spring, in latitude 36° 35´ 49´.01, to Virginia and Tennessee corner, is N. 55° 35´ W.

From same stone to stone at seven pines, Tennessee and Kentucky corner, S. 48° 14´ W.

Any island or islands in that part of the River Tennessee, which forms the common boundary between the two states, shall be within the exclusive jurisdiction of Kentucky; but any appropriations thereof by individuals made under the laws of North Carolina or Tennessee before February 11, 1820, shall be valid.

History. 188 to 198] G.S. ch. 8, pp. 170, 171; 1860, ch. 816, § 1; 1820, ch. 546.

Compiler’s Notes.

The above description comes from the report of commissioners who surveyed the entire Kentucky-Tennessee line in 1859 and 1860, and whose report was adopted by the General Assembly in 1860. This survey supersedes the old boundary as described in the Revised Statutes but was compiled for the first time in the 1944 Notes and Annotations to the Kentucky Revised Statutes.

The boundary described in all editions of the statutes from the Revised Statutes to Carroll’s Statutes, 1936 Edition, was that one which was run by commissioners Robert Trimble and John J. Crittenden, appointed by Kentucky, and Felix Grundy and William L. Brown, appointed by Tennessee, and which was ratified by Kentucky on February 11, 1820. The editor of Carroll’s Statutes stated in a note that for reasons unknown to him the boundary as run by the 1859-60 commissioners was omitted from the General Statutes, but he did not insert a description of the later boundary in his edition. He adds that he does not know wherein the two surveys differed.

The question of the differences between these two boundaries was discussed by Judge A.M.J. Cochran in Hale & Ward v. Cook , (C.C.A. 1914) 213 F. 944. He, too, observed that compilations of Kentucky Statutes had contained only the earlier description of the boundary, and opined that the reason for the omission of the later description was that it was simply overlooked.

The older description declared the boundary from the Tennessee River to the Mississippi to be the line run by Alexander and Munsell in 1819, but contained no directions as to just where it should lie. For the most part, the line of Alexander and Munsell coincided with that of the 1859-60 commissioners, but one important difference must be noted. Alexander and Munsell had not run a straight, continuous line from the Tennessee to the Mississippi; a line run by them sixty-eight miles in a westerly direction from the Tennessee stopped just east of Reelfoot Lake, and a line also run by them extended 274 poles east from the Mississippi, and then came to an end. The 1859-60 commissioners bridged the gap by joining these two lines by a diagonal straight line, which they considered the state boundary.

The line between Virginia and North Carolina was declared in the charter of Charles II to be the parallel 36° 30´. A survey conducted in 1779 and 1780 to ascertain the exact location of the line resulted in Walker’s line, which ran from Cumberland Gap to the Tennessee River. In time, however, it was learned that in fact Walker’s line ran north of 36° 30´, though it continued to be used as the boundary.

The Act of 1820, adopting the report of Crittenden, Trimble, Brown and Grundy, describes the line briefly, merely stating that it follows Walker’s line to the Tennessee River, and Alexander’s and Munsell’s from the Tennessee on. An act of November 22, 1821, adopts and ratifies a survey made in that year, by William Steele and Absalom Looney, of the Tennessee line to a point west of the Cumberland River; this survey goes into considerable detail, and has been used by all compilers up to, and including, Baldwin. For reasons not known, however, the Steele and Looney description was always printed as if it were part of the Act of 1820.

The true and accurate boundary between Kentucky and Tennessee, nevertheless, is that laid out by the commissioners of 1859-60 and adopted by the General Assembly of 1860 (ch. 816, § 1). That description was reproduced in the 1944 edition of Notes and Annotations to the Kentucky Revised Statutes, supplemented by a portion of section 190 of Carroll’s Statutes in regard to the Tennessee River as the boundary. It is again so reproduced in this edition. No attempt has been made to compare the boundary of Steele and Looney with that of the 1859-60 commissioners, because while the former employed geographical terms with which inhabitants of the neighborhood might be familiar, e.g. Hackle Knob, Bear Creek and Little South Fork, the latter used technical surveyors’ words of art. Should there be any conflict between the two descriptions, that of the 1859-60 commissioners would prevail.

The agreement of commissioners Trimble and Crittenden, of Kentucky, and commissioners Grundy and Brown, of Tennessee, which agreement was ratified by the General Assembly on February 11, 1820, contained one article providing a method of making future joint surveys of the boundary (Carroll’s Statutes, § 191), four articles relating to lands lying along the new boundary as they had run it (Carroll’s Statutes, §§ 192, 193, 194 and 195), one article providing that the agreement should be liberally construed to effect the objects contemplated (Carroll’s Statutes, § 196), and one article pledging the faith of Kentucky to enact future legislation necessary to carry the agreement into effect (Carroll’s Statutes, § 197). These articles do not have sufficient modern importance to justify their being set forth here at length, but a brief summary of their provisions follows:

Article 3 provided that whenever the governor of either state deems it expedient to have the boundary between the two states east of the Tennessee River, or any part thereof, run and plainly marked, he shall notify the governor of the other state and two surveyors shall then be appointed for that purpose, one by each governor. The surveyors are given power to employ necessary assistants, and are directed to survey and mark the line and submit duplicate plats and reports to the governor of each state, to be deposited and preserved in the office of the secretary of state. The expenses of the survey are to be borne equally by both states.

Article 4 declared void all claims to lands west of the Tennessee River and north of Alexander’s and Munsell’s line that had been derived from North Carolina or Tennessee, and to lands west of the river and south of that line, which had been derived from Virginia or Kentucky.

Article 5 provided that all lands vacant and unappropriated by any person claiming to hold under the states of North Carolina or Tennessee, as of February 11, 1820, and not thereafter appropriated, east of the Tennessee River, and north of the parallel of latitude 36° 30´ north, are the property and subject to the disposition, of the State of Kentucky, and that any grant made by Kentucky after February 11, 1820, of any part thereof, shall be received in evidence in the courts of Tennessee.

Article 6 stated that claims to lands east of the Tennessee River, between Walker’s line and 36° 30´ derived from Virginia in consideration of military service, should not be prejudiced by the establishment of Walker’s line as the boundary.

Article 7 validated titles between Walker’s line and 36° 30´ from the Cumberland River, near the mouth of Obey’s River, to the southeastern corner of Kentucky whether derived from Virginia, Kentucky, North Carolina or Tennessee. Kentucky and Tennessee reserved the power of carrying into grant, claims not then perfected; should there be any conflicting claims, the validity of each claim was to be tested by the law of the state whence it emanated.

Article 8 provided that the agreement should be liberally construed, and that in case of a disagreement, two disinterested arbitrators should be selected to settle the dispute.

Article 9 pledged the faith of Kentucky and Tennessee that they will pass such further laws as might be necessary to effectuate the agreement.

The text of the original agreement can be found in the Acts of 1820 and in previous statute compilations.

NOTES TO DECISIONS

1.Commissioner’s Line of 1859-60.

Alexander and Munsell, who surveyed the Kentucky-Tennessee boundary west of the Tennessee River in 1819, did not run a straight, continuous line from the Tennessee to the Mississippi River. They ran a line 68 miles west of the Tennessee, and then stopped; they also ran a line 274 poles east from the Mississippi, but no further. These two lines were joined in the survey of the Joint Boundary Commission of 1859-60. Otherwise, the line of the Commission conformed rather closely to the line of Alexander and Munsell. Hale & Ward v. Cook, 213 F. 944, 1914 U.S. App. LEXIS 1964 (6th Cir. Ky. 1914 ).

CHAPTER 2 Citizenship, Emblems, Holidays, and Time

2.010. Relinquishment of citizenship — Residence in another state or country.

When any citizen of this state, by deed in writing, in the presence of, and subscribed by, two (2) witnesses, and acknowledged or proved before the county judge/executive of the county in which he resides, or by open declaration made in such court and entered of record, shall declare that he relinquishes the character of a citizen of this state, and shall depart out of this state with the intention, in good faith, to remain absent therefrom, he shall, from the time of his departure, be considered as having exercised his right of expatriation, so far as regards this state, and shall not thenceforth be deemed a citizen thereof. When any citizen of this state shall reside elsewhere, and in good faith become a citizen of any other state, he shall not, while the citizen of the other state, be deemed a citizen of this state. No act of any citizen under this section shall have any effect if done while the United States is at war with a foreign power.

History. 333: amend. Acts 1978, ch. 384, § 121, effective June 17, 1978.

NOTES TO DECISIONS

Cited in:

Dickey v. Bagby, 574 S.W.2d 922, 1978 Ky. App. LEXIS 638 (Ky. Ct. App. 1978).

Research References and Practice Aids

Cross-References.

Limitations do not run where plaintiff is alien and citizen of state at war with United States, KRS 413.300 .

Limitations run only in favor of residents, KRS 413.290 .

Property rights of aliens, KRS 381.290 to 381.340 .

Special Acts restoring to citizenship persons convicted of infamous crime, Ky. Const., § 59(28).

Who are citizens of Kentucky, U.S. Const., 14th Amend.

2.013. State language.

English is designated as the official state language of Kentucky.

History. Enact. Acts 1984, ch. 335, § 1, effective July 13, 1984.

Research References and Practice Aids

Kentucky Law Journal.

Note: English Only? — The “Power” of Kentucky’s Official Language Statute, 98 Ky. L.J. 855 (2009/2010).

2.015. Age of majority — Exceptions.

Persons of the age of eighteen (18) years are of the age of majority for all purposes in this Commonwealth except for the purchase of alcoholic beverages and for purposes of care and treatment of children with disabilities, for which twenty-one (21) years is the age of majority, all other statutes to the contrary notwithstanding.

History. Enact. Acts 1964, ch. 21, § 1; 1968, ch. 100, § 1; 1994, ch. 405, § 1, effective July 15, 1994.

NOTES TO DECISIONS

1.Marriage Without Consent.

This section did not impliedly amend KRS 402.210 by reducing from 21 to 18 the age at which a person can obtain a marriage license without the consent of parent or guardian. Commonwealth v. Hallahan, 391 S.W.2d 378, 1965 Ky. LEXIS 305 ( Ky. 1965 ).

2.Child Support.

Where contract, made a part of a divorce decree, for child support, provided for maintenance payments until the child attained majority and was entered into in 1951, it required payments until the child became 21 years old, notwithstanding the fact that this section became effective in 1965. Wilcox v. Wilcox, 406 S.W.2d 152, 1966 Ky. LEXIS 192 ( Ky. 1966 ); (contract made in 1962).

In proceeding commenced after adoption of this section to compel divorced father to support his children, court in absence of a legal contract had no authority to compel support for children over 18. Young v. Young, 413 S.W.2d 887, 1967 Ky. LEXIS 400 ( Ky. 1967 ).

Where a separation agreement stated that support payments for an adopted son were to continue “until further orders of the court” and the legislature subsequent to the making of the agreement reduced the age of majority from 21 to 18, an order terminating the support payments when the son reached 18 was proper since there was no contractual intent that the payments continue to age 21. Blackard v. Blackard, 426 S.W.2d 471, 1968 Ky. LEXIS 656 ( Ky. 1968 ).

The statutory reduction of the age of majority from 21 to 18 had no effect on a support agreement entered into prior to the change which provided for support for the children until they were emancipated. Turner v. Turner, 441 S.W.2d 105, 1969 Ky. LEXIS 284 ( Ky. 1969 ).

Under normal conditions the obligation to support a child by the parent terminates on the eighteenth birthday of the child. Markham v. Markham, 461 S.W.2d 545, 1970 Ky. LEXIS 635 ( Ky. 1970 ).

Where child support payments were contracted for at a time when the age of majority was 21 years and where there was evidence that at the time of the execution of the contract the parties contemplated that the payments would continue until the children reached the age of majority in effect at the time of the agreement, the husband was obligated to provide support for the children until they reached their twenty-first birthdays. Showalter v. Showalter, 497 S.W.2d 420, 1973 Ky. LEXIS 324 ( Ky. 1973 ).

In the absence of a contract there is no legal obligation for a parent to support a child past the age of 18. Keeney v. Smith, 521 S.W.2d 242, 1975 Ky. LEXIS 152 ( Ky. 1975 ).

3.Capacity to Sue.

Parents of an 18 year-old son had no standing to sue in a representative capacity to enforce his rights. Vandiver v. Hardin County Bd. of Educ., 925 F.2d 927, 1991 U.S. App. LEXIS 2062 (6th Cir. Ky. 1991 ).

A mentally handicapped adult child of woman who was killed in an airplane crash was not entitled pursue a claim for loss of parental consortium; the language of KRS 411.135 , in conjunction with KRS 2.015 setting the age of majority, was plain in restricting claims for loss of consortium to minor children. In re Air Crash at Lexington, 2008 U.S. Dist. LEXIS 18374 (E.D. Ky. Mar. 10, 2008).

4.Adult Child.

In an action arising from an airplane crash, the airline company was entitled to dismissal of the survivors’ claims for an award of loss of consortium to adult children for the loss of their parents; in light of KRS 2.015 , the federal court was not convinced that the Kentucky Supreme Court would recognize an adult child’s claim for loss of consortium of a parent under KRS 411.135 . Combs v. Comair, Inc. (In re Air Crash at Lexington, KY), 556 F. Supp. 2d 665, 2008 U.S. Dist. LEXIS 1216 (E.D. Ky. 2008 ).

Cited:

Pike v. George, 434 S.W.2d 626, 1968 Ky. LEXIS 235 ( Ky. 1968 ); Crowe v. Miller, 467 S.W.2d 330, 1971 Ky. LEXIS 363 ( Ky. 1971 ); Scott v. Scott, 529 S.W.2d 656, 1975 Ky. LEXIS 60 ( Ky. 1975 ); Abbott v. Abbott, 673 S.W.2d 723, 1983 Ky. App. LEXIS 407 (Ky. Ct. App. 1983); Pyles v. Raisor, 60 F.3d 1211, 1995 U.S. App. LEXIS 20249 (6th Cir. 1995); Commonwealth v. Howard, 969 S.W.2d 700, 1998 Ky. LEXIS 95 ( Ky. 1998 ).

Opinions of Attorney General.

This section has no legal effect on KRS 68.090 and therefore the fiscal court may not levy a poll tax on male residents between the ages of 18 and 21. OAG 64-430 .

Prior to January 1, 1965, only persons 21 years of age and older could be prosecuted under the penalty provisions of subsection (4) of KRS 208.990 (now repealed); however, on that date and subsequently persons 18 years of age and older can be so prosecuted. OAG 64-478 .

After January 1, 1965, a female 18 years of age or over, be she a resident or nonresident, may apply for and have issued by any county clerk a marriage license and such a female is not limited to the county of her residence. OAG 64-503 .

KRS 402.210 is not changed by this section. OAG 64-503 .

Any person 18 years of age or over, if that person is otherwise competent, can give the necessary consent for a surgical operation or for hospital services and the consent of the parents is not required to protect the surgeon and the hospital. OAG 65-67 .

Where a person over 18 years of age and under 21 years of age comes to Kentucky from another state in which the age of majority is still 21, the person’s consent to a surgical operation in Kentucky would protect the surgeon and hospital in the courts of Kentucky but the surgeon might be liable in a court in the state of the person’s domicile. OAG 65-176 .

An unwed mother over 18 years of age can bring an action for termination of parental rights on her own, individually. OAG 65-505 .

CR 17.03(1) has no application to a person over 18 years of age in an action for termination of parental rights. OAG 65-505 .

A name change by adoption is a special procedure in the Circuit Court and has no connection with name changing under KRS 401.010 . OAG 65-650 .

Since KRS 403.070 (now repealed) provided for maintenance of the minor children, the responsibility on the part of a father for the maintenance of his child in a divorce situation generally ceased upon the child’s attaining the age of 18. OAG 66-52 .

The pregnant female applicant for a marriage license should be a resident of the county in which the application is made. OAG 66-475 .

An ordinance prohibiting any person under the age of 21 from possessing or purchasing any alcoholic beverage was not unconstitutional. OAG 67-273 .

An ordinance punishing any minor under the age of 18 if he entered any nightclub or place where distilled spirits and wine were sold was not unconstitutional. OAG 67-273 .

Since the effective date of the statute, persons over 18 years of age may contract with another, incur obligations, particularly financial obligations, sue and be sued, sell, mortgage, lease or otherwise dispose of real estate and personal property. OAG 67-360 .

The statute can apply only where the statutes do not designate age in terms of a precise number of years. OAG 67-360 .

Since the effective date of the statute persons over 18 no longer require a guardian. OAG 67-360 .

Persons between the ages of 18 and 21 who work in Kentucky but are nonresidents of this State may consent in Kentucky to the extraction of their blood for the purpose of donating the blood to blood banks for use in transfusions, and it is not necessary that the consent of their parents be obtained. OAG 68-9 .

Under the statute, persons who have reached their 18th birthday but are under 21 years of age are not under a disability as being “infants” or “minors” and may, as adults, buy and sell real estate. OAG 68-46 .

As to all the statutes which do not specify 21 years of age but merely speak in terms of “infants” or “minors,” this section applies and persons between the ages of 18 and 21 are to be considered generally as adults and not under a disability due to their age. OAG 68-48 .

The provisions of KRS 95.710 would not be applicable to a volunteer fire department of a city of the fourth class or restrict the employment by the department of persons under the age of 21 unless the city has elected to operate a fire department. OAG 68-131 .

No owner or operator of motor vehicles used for the transportation of passengers for hire may permit the vehicle to be operated by a person under 21 years. OAG 68-163 .

For purposes of the establishment of residence under KRS 164.020(3) (see now 164.020(8)), the age of majority is 18. OAG 68-170 .

Pursuant to the lowering of the age of majority to 18 by this section, a life insurance company may pay amounts exceeding $2,000 in any year to persons in Kentucky who have attained the age of 18 years. OAG 68-218 .

After June 13, 1968, the effective date of KRS 402.210 , persons who have reached the age of 18 years will be legally entitled to apply for a marriage license without their parents’ consent. OAG 68-219 .

This section is not controlling of the consent procedure outlined in KRS 402.210 . OAG 68-262 .

A person 18 years of age legally may make a loan with a pawnbroker. OAG 68-399 .

A married female infant cannot validly sign her own admission for hospitalization and treatment. OAG 68-486 .

The age of 18 years constitutes the age of majority for the purpose of signing a student loan obligation in Kentucky by a student attending a Kentucky college. OAG 69-44 .

Since KRS 304.525(1) (now repealed) specifies the age of 21, this section has no effect on the age requirement for licensing of an insurance agent. OAG 69-98 .

In instances wherein the age 21 years is specifically spelled out in a statute without reference to “majority” or “minority,” etc., then such age will control. OAG 69-110 .

The age requirement for policemen contained in KRS 95.710 was not amended by implication by the 1968 amendment to this section. OAG 69-248 .

The parents of an over 18-year-old adult, as defined in KRS 405.390 , are not required to be made parties to a suit of adoption, wherein the over 18-year-old is sought to be adopted. OAG 69-259 .

A Kentucky corporation incorporated as a nonstock, nonprofit company with its primary purpose being to hold and rescue people in distress could legally establish 18 as a minimum age requirement for membership in the corporation without involving any liability, on the part of corporate members of the age of 21 or over, where such 18-year-old members sustain injuries while engaged in corporate activity. OAG 69-262 .

Since KRS 29.025(1) (now repealed) mentions the age of 21, persons 18 years of age or older may not serve on grand or petit juries; 21 is the minimum age for that purpose. OAG 69-667 .

A person 18 years of age or older may execute a lawful deed of transfer of realty title involving land lying and being in Kentucky. OAG 70-121 .

A person 18 years of age or older may serve as a volunteer fireman. OAG 73-21 .

It is legal for 18-year-olds to engage in pari-mutuel betting at racing tracks. OAG 73-360 .

A female resident of Kentucky over the age of 18 may enlist in the United States Army sans parental consent. OAG 73-439 .

This section authorizes the employment of an 18-year-old dog warden unless he is a deputy sheriff or some other nonelective peace officer in which event he must be 21 as provided by KRS 61.300(1). OAG 74-320 .

Research References and Practice Aids

Cross-References.

Adopting parent, to be eligible as, KRS 199.470 .

Alcoholic beverage purchase, misrepresentation of age for prohibited, KRS 244.085 .

Boxing and wrestling contestants, KRS 229.121 .

Communicable diseases, definition of child, KRS 214.032 .

Death of father caused by deadly weapon, action for, KRS 411.150 .

Earnings and services of child, age up to which parents entitled, KRS 405.010 .

Executor, age of minority for purpose of acting as, KRS 395.080 .

Fiduciary, eligibility, KRS 395.005 .

Guardianship law, minors for purpose of, KRS 387.010 .

Marriage license, eligibility, KRS 402.080 .

Notary public, age, KRS 423.010 .

Support of aged parents, liability for, KRS 530.050 .

Support of child, age up to which parents liable for, KRS 405.020 .

Kentucky Bench & Bar.

Hicks, Postminority Support for College Expenses A Moral and Legal Dilemma, Vol. 60, No. 4, Fall 1996, Ky. Bench & Bar 34.

Wiederstein, Guardianship for Disabled Persons: A Practical Guide, Vol. 70, No. 1, January 2006, Ky. Bench & Bar 18.

Kentucky Law Journal.

Whiteside, Jr., Ten Years of Kentucky Domestic Relations Law, 1955-1965, 54 Ky. L.J. 207 (1966).

Stamm, Transfer of Jurisdiction in Juvenile Court: An Analysis of the Proceeding, Its Role in the Administration of Justice, and A Proposal for the Reform of Kentucky Law, 62 Ky. L.J. 122 (1973-1974).

Kentucky Law Survey, Ausness, Torts, 64 Ky. L.J. 201 (1975-76).

Kentucky Law Survey, Whiteside and Buechel, Kentucky Taxation, 65 Ky. L.J. 425 (1976-77).

Kentucky Law Survey, Graham, Domestic Relations, 71 Ky. L.J. 445 (1982-83).

Kentucky Law Survey, Graham, Domestic Relations, 73 Ky. L.J. 379 (1984-85).

West, Criminal Law, 74 Ky. L.J. 403 (1985-86).

Northern Kentucky Law Review.

Comment, Social Host Liability for Furnishing Liquor — Finding a Basis for Recovery in Kentucky, 3 N. Ky. L. Rev. 229 (1976).

Treatises

Kentucky Instructions To Juries (Civil), 5th Ed., Automobiles, §§ 16.55, 16.56.

Petrilli, Kentucky Family Law, Court Procedure, § 23.7.

Petrilli, Kentucky Family Law, Custody of Children, §§ 26.6, 26.23.

Petrilli, Kentucky Family Law, Illegitimacy and Paternity Proceedings, § 31.23.

Petrilli, Kentucky Family Law, Marriage License, § 5.5.

Petrilli, Kentucky Family Law, Minors, §§ 30.1, 30.13.

Petrilli, Kentucky Family Law, Separation Agreements, §§ 19.6, 19.13.

Petrilli, Kentucky Family Law, Support of Children (On Dissolution), § 27.6.

Petrilli, Kentucky Family Law, Termination of Parental Rights and Adoption, § 29.9.

2.020. State seal.

The seal of the Commonwealth shall have upon it the device, two (2) friends embracing each other, with the words “Commonwealth of Kentucky” over their heads and around them the words, “United We Stand, Divided We Fall.”

History. 4536.

Opinions of Attorney General.

A Daniel Walker cigarette package similar to the official seal of the State of Kentucky could be used as a trademark because the design omitted the words “Commonwealth of Kentucky” which are required to be on the seal. OAG 71-79 .

A written opinion of the office of the Attorney General of Kentucky that a design was not a prohibited replica of the seal of Kentucky would be a sufficient declaration of the right to use the design. OAG 71-79 .

Since the higher education assistance authority is not a private concern seeking to use the Commonwealth’s seal for private or commercial purposes, and the insignia circle would merely show that the department is an agency of the Commonwealth and the scholar’s head and initials in the center would merely identify and distinguish the agency’s publications from those of all other agencies of the Commonwealth without misrepresentation, false, misleading or deceptive acts, or questionable practices, there is no statutory prohibition against the authority using such seal. OAG 75-172 .

Research References and Practice Aids

Cross-References.

Fee for affixing seal, KRS 14.090 .

Official acts of Governor to be attested by seal, KRS 14.040 .

Secretary of State to have custody of seal, KRS 14.030 .

2.030. State flag.

  1. The official state flag of the Commonwealth of Kentucky shall be of navy blue silk, nylon, wool or cotton bunting, or some other suitable material, with the seal of the Commonwealth encircled by a wreath, the lower half of which shall be goldenrod in bloom and the upper half the words “Commonwealth of Kentucky,” embroidered, printed, painted, or stamped on the center thereof. The dimensions of the flag may vary, but the length shall be one and nine-tenths (1 9/10) times the width and the diameter of the seal and encirclement shall be approximately two-thirds (2/3) the width of the flag.
  2. The approved official drawings of the state flag shall be permanently retained in the files of the office of the Secretary of State. All state flags for official use of the Commonwealth shall conform as to color and design with these official drawings.
  3. The emblem at the head of a flagstaff used to display the flag of the Commonwealth of Kentucky shall be the Kentucky cardinal in an alert but restful pose, cast in bronze, brass, or other suitable material.
  4. The flying of the state flag at all state buildings and installations including public school buildings, National Guard armories, state parks, and other such buildings is considered proper and is encouraged.
  5. No disrespect should be shown to the flag of the Commonwealth of Kentucky. With the exception of the flag of the United States of America, the flag of the Commonwealth of Kentucky should not be dipped to any person or thing. The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.
  6. All official flags of the Commonwealth of Kentucky purchased by a public institution shall be manufactured in the United States.

History. 4618m: amend. Acts 1962, ch. 114, §§ 1 to 4, effective June 14, 1962; 2002, ch. 196, § 1, effective July 15, 2002; 2009, ch. 4, § 1, effective June 25, 2009.

Compiler’s Notes.

Chapter 114, Kentucky Acts 1962, contained a reproduction of the official state flag of Kentucky.

2.035. Pledge of allegiance to state flag.

The following shall be the official pledge of allegiance to the flag of the Commonwealth of Kentucky: “I pledge allegiance to the Kentucky flag, and to the Sovereign State for which it stands, one Commonwealth, blessed with diversity, natural wealth, beauty, and grace from on High.”

History. Enact. Acts 2000, ch. 206, § 1, effective July 14, 2000.

2.040. United States flag to be displayed on public buildings and schools — To be supplied schools.

  1. The flag of the United States shall be displayed on the main administration buildings of every public institution, and, during school days, either from the flagstaff or, in inclement weather, within the school building of every schoolhouse.
  2. The flag, with staff or flagpole, shall be provided for every schoolhouse.
  3. All official flags of the United States purchased by a public institution shall be manufactured in the United States.

History. 2089i-1, 2089i-2: amend. Acts 2009, ch. 4, § 2, effective June 25, 2009.

2.041. Display of United States flag at half-staff.

The Governor is authorized and requested to issue a proclamation calling upon state officials to display the United States flag at half-staff on all state buildings from sunrise to sunset for not less than one (1) day in the event of the death of Kentucky emergency response personnel in the line of duty.

HISTORY: 2015 ch. 43, § 1, effective June 24, 2015.

2.042. Right to display United States flag at a person’s residence.

Notwithstanding any agreement or restrictions contravening a person’s right to display a flag, that person may display a flag of the United States which is no larger than two (2) feet by three (3) feet from the person’s residence, regardless of whether the person owns or leases the residence, provided that the flag is displayed in such a manner as is deemed proper by state or federal law, including 36 U.S.C. secs. 173 et seq. Any agreement contravening this right shall be void and unenforceable in any court of the Commonwealth. No person shall discriminate or retaliate against a person who properly displays the flag of the United States in conformity with this section and not in contravention of any other statute or administrative regulation directly regulating the flag’s display. This section shall supplement, and not limit or abridge in any manner, the right of persons to otherwise display the flag of the United States.

History. Enact. Acts 1998, ch. 553, § 1, effective July 15, 1998.

2.050. Printing or lettering on United States flag, or use for advertising purposes — Exception.

  1. Printing or lettering of any kind on the flag of the United States, or the use of the flag for advertising purposes in any manner, is prohibited.
  2. Nothing in this section or in KRS 2.060 shall prohibit a newspaper from publishing a picture of the flag of the United States next to the obituary of a deceased active member or honorably discharged veteran of the United States military service.

History. 2089i-3, 2089i-4: amend. Acts 1990, ch. 64, § 1, effective July 13, 1990.

2.060. United States flag not to be used for advertisement.

No person shall in any manner, for exhibition or display, place or cause to be placed upon, or expose or cause to be exposed to public view any flag, standard, colors or ensign of the United States upon which has been placed, or to which is attached, appended, affixed or annexed, any word, figure, mark, picture, design or drawing, or advertisement of any nature; nor shall any person manufacture, sell, expose for sale or to public view or give away or have in possession for sale or to be given away or for use for any purpose, any article of merchandise, or a receptacle for merchandise or thing for carrying or transporting merchandise upon which has been placed a representation of any such flag, standard, colors or ensign, to advertise, call attention to, decorate, mark or distinguish the article on which so placed.

History. 2089i-5: amend. Acts 1974, ch. 406, § 296, effective January 1, 1975.

Research References and Practice Aids

Cross-References.

Flag desecration, Penal Code, KRS 525.110 .

2.065. POW/MIA flag — Flags purchased or displayed by public institutions to be manufactured in United States.

  1. As used in this section, “Prisoner of War and Missing in Action flag” or “POW/MIA flag” means the POW/MIA flag designated in 36 U.S.C. sec. 902 by the United States Congress as the symbol of the nation’s commitment and concern for the fate of Americans still prisoner, missing in action, or otherwise unaccounted for as a result of hostile action.
  2. All POW/MIA flags purchased by a public institution or displayed by a public institution shall be manufactured in the United States.

History. Enact. Acts 2012, ch. 4, § 1, effective July 12, 2012.

2.070. Displaying or carrying in parade anarchistic or immoral flag. [Repealed]

Compiler’s Notes.

This section (2711a-236) was repealed by Acts 1974, ch. 406, § 336, effective January 1, 1975.

2.080. State bird.

The native redbird, commonly known as the Kentucky cardinal (cardinalis), is the official state bird of Kentucky.

History. 4618n.

2.081. State agricultural insect.

The honeybee is named and designated as the official state agricultural insect of Kentucky.

History. Enact. Acts 2010, ch. 19, § 2, effective July 15, 2010.

2.082. State fossil.

The brachiopod is named and designated as the state fossil of Kentucky.

History. Enact. Acts 1986, ch. 488, § 1, effective July 15, 1986.

2.083. State butterfly.

The viceroy butterfly is named and designated as the state butterfly.

History. Enact. Acts 1990, ch. 78, § 1, effective July 13, 1990.

2.084. State drink.

Milk is named and designated as the official state drink of Kentucky.

History. Enact. Acts 2005, ch. 36, § 1, effective June 20, 2005.

Research References and Practice Aids

Northern Kentucky Law Review.

Article:Milk and Other Intoxicating Choices: Official State Symbol Adoption, 41 N. Ky. L. Rev. 1 (2013).

2.085. State wild animal game species.

The gray squirrel is named and designated as the state wild animal game species.

History. Enact. Acts 1968, ch. 219.

2.086. Original Kentucky soft drink.

Ale-8-One is named and designated as an original Kentucky soft drink.

History. Enact. Acts 2013, ch. 85, § 1, effective June 25, 2013.

2.087. State horse.

The Thoroughbred horse is named and designated as the state horse of Kentucky.

History. Enact. Acts 1996, ch. 62, § 1, effective July 15, 1996.

2.089. State fruit.

The blackberry is named and designated as the official fruit of Kentucky.

History. Enact. Acts 2004, ch. 114, § 1, effective July 13, 2004.

2.090. State flower.

The goldenrod is the official state flower of Kentucky.

History. 4618o.

2.091. State rock.

Kentucky agate is named and designated as the official rock of Kentucky.

History. Enact. Acts 2000, ch. 146, § 1, effective July 14, 2000.

2.092. State gemstone.

The fresh-water pearl is named and designated the state gemstone of Kentucky.

History. Enact. Acts 1986, ch. 488, § 2, effective July 15, 1986.

2.093. State soil.

The Crider soil series is named and designated as the state soil.

History. Enact. Acts 1990, ch. 115, § 1, effective July 13, 1990.

2.094. State mineral.

Coal is named and designated as the official mineral of Kentucky.

History. Enact. Acts 1998, ch. 230, § 1, effective July 15, 1998.

2.095. State tree.

The tulip poplar is named and designated as the Kentucky state tree.

History. Enact. Acts 1976, ch. 43, § 1; 1994, ch. 40, § 1, effective July 15, 1994.

2.096. State arboretum.

The Bernheim Arboretum and Research Forest shall be designated as the official state arboretum of the Commonwealth of Kentucky.

History. Enact. Acts 1994, ch. 17, § 1, effective July 15, 1994.

2.097. State botanical garden.

The University of Kentucky-Fayette County Arboretum shall be designated as the official state botanical garden of the Commonwealth of Kentucky.

History. Enact. Acts 2000, ch. 143, § 1, effective July 14, 2000.

2.098. State Science Center.

The Louisville Science Center shall be designated as the State Science Center of Kentucky.

History. Enact. Acts 2002, ch. 334, § 1, effective July 15, 2002.

2.099. State honey festival.

The Clarkson Honeyfest is named and designated the official state honey festival.

History. Enact. Acts 2006, ch. 11, § 1, effective July 12, 2006.

2.100. State song — Bluegrass song.

  1. The song, “My Old Kentucky Home,” by Stephen Collins Foster, is the official state song of Kentucky.
  2. The song, “Blue Moon of Kentucky” by Bill Monroe, is the bluegrass song of Kentucky.

History. 4618p: amend. Acts 1988, ch. 134, § 1, effective July 15, 1988.

Legislative Research Commission Notes.

The modern version of “My Old Kentucky Home” was adopted during the 1986 Regular Session of the General Assembly by the House of Representatives in House Resolution 159 and the Senate in Senate Resolution 114. This version substitutes the word “people” for the word “darkies.”

2.101. State dance.

Clogging is named and designated as the official dance of Kentucky.

History. Enact. Acts 2006, ch. 176, § 1, effective July 12, 2006.

2.102. State music.

Bluegrass music is named and designated the official state music of Kentucky.

History. Enact. Acts 2007, ch. 12, § 1, effective June 26, 2007.

2.103. State musical instrument.

The Appalachian dulcimer is named and designated as the official musical instrument of Kentucky.

History. Enact. Acts 2001, ch. 160, § 1, effective June 21, 2001.

2.104. State theatre pipe organ.

The Kentucky Theatre’s Mighty Wurlitzer Theatre Pipe Organ located in Lexington is the official theatre pipe organ of the Commonwealth of Kentucky.

History. Enact. Acts 2005, ch. 63, § 1, effective June 20, 2005.

2.105. Official Latin motto.

The phrase “Deo gratiam habeamus” is named and designated the Commonwealth’s official Latin motto.

History. Enact. Acts 2002, ch. 314, § 1, effective July 15, 2002.

2.106. State sports car.

The Corvette is named and designated the official state sports car of Kentucky.

History. Enact. Acts 2010, ch. 174, § 1, effective July 15, 2010.

2.107. State outdoor musical.

“Stephen Foster — The Musical” is named and designated as the official state outdoor musical of Kentucky.

History. Enact. Acts 2002, ch. 9, § 1, effective July 15, 2002.

2.108. Hurricane Creek coal mine site designated as state historic site.

  1. The Hurricane Creek coal mine site in Leslie County, at which thirty-eight (38) miners lost their lives on December 30, 1970, is designated as a state historic site.
  2. As funds are available, Leslie County shall construct a memorial to those who perished, which shall include but not be limited to:
    1. A monument to the miners, to be built at the mine site with the names of the thirty-eight (38) miners who lost their lives and the one (1) survivor;
    2. Informational materials about the mining disaster;
    3. Signage, off-street parking, and other features to encourage visitors; and
    4. A plan for construction and periodic maintenance of the monument site.
  3. Leslie County’s fiscal court is authorized to establish a restricted account for the site, and to raise funds from federal, state, and local entities and from private sources for this account. Funds in the account shall be expended only for the mining disaster memorial. Moneys received and expended shall be reported separately in the county’s budget.
  4. The Governor shall, prior to December 30, 2010, issue a proclamation recognizing the fortieth anniversary of the Hurricane Creek mine disaster, memorializing the deceased miners and their families, and honoring the courage of all Kentucky’s miners. The Governor shall call upon all citizens to observe the occasion honoring miners in communities across the Commonwealth. The Governor is authorized to recognize the mine disaster anniversary in future years, on or before December 30, through a proclamation.
  5. Working with Leslie County officials, state agencies shall provide assistance in informing the public about the site. The Tourism, Arts and Heritage Cabinet, with assistance from the Kentucky Heritage Council, the Kentucky Historical Society, the Division of Mine Safety, and the Kentucky Mining Board, and within the limits of funds available, shall prepare and distribute information about the Hurricane Creek mining disaster, the risks which miners faced historically, and the advances in mining safety since the 1970 disaster.

HISTORY: Enact. Acts 2010, ch. 96, § 1, effective July 15, 2010; 2015 ch. 87, § 1, effective June 24, 2015.

2.109. Official center for celebration of African American heritage.

The Kentucky Center for African American Heritage in Louisville is designated as the official center for the celebration of Kentucky’s African American heritage.

History. Enact. Acts 2002, ch. 346, § 236, effective July 15, 2002.

2.1095. Kentucky Museum of African American History.

Jackson Hall at Kentucky State University is designated the Kentucky Museum of African American History.

HISTORY: 2018 ch. 176, § 7, effective July 14, 2018.

2.110. Public holidays.

  1. The first day of January (New Year’s Day), the third Monday of January (Birthday of Martin Luther King, Jr.), the nineteenth day of January (Robert E. Lee Day), the thirtieth day of January (Franklin D. Roosevelt Day), the twelfth day of February (Lincoln’s Birthday), the third Monday in February (Washington’s Birthday), the last Monday in May (Memorial Day), the third day of June (Confederate Memorial Day, and Jefferson Davis Day), the fourth day of July (Independence Day), the first Monday in September (Labor Day), the second Monday in October (Columbus Day), the eleventh day of November (Veterans Day), the twenty-fifth day of December (Christmas Day) of each year, and all days appointed by the President of the United States or by the Governor as days of thanksgiving, are holidays, on which all the public offices of this Commonwealth may be closed.
  2. No person shall be compelled to labor on the first Monday in September (Labor Day) by any person.

History. 2089b to 2089g, 2089j: amend. Acts 1946, ch. 5, § 1; 1948, ch. 73, § 1; 1958, ch. 73; 1970, ch. 50, § 1; 1974, ch. 14, § 1; 1974, ch. 176, § 1; 1978, ch. 24, § 1, effective June 17, 1978; 1984, ch. 88, § 1, effective January 1, 1986; 1992, ch. 77, § 17, effective July 14, 1992.

NOTES TO DECISIONS

1.Service of Summons and Other Papers.

Service of a summons, subpoena, notice, order of arrest, or injunction on July 4 is valid when the officer believes, or the affidavit of the plaintiff or some other person is made to the effect that affiant believes, that service cannot be made after that holiday. Paul v. Bruce & Co., 72 Ky. 317 , 1872 Ky. LEXIS 53 ( Ky. 1872 ).

2.Time for Perfecting Appeal.

If the last of the three (3) days allowed for an appeal to the Circuit Court falls on Columbus Day, the appeal period is extended for one day, and the appeal may be filed on the third juridical day, even though it is not the third calendar day. Black v. National Bank of Kentucky, 226 Ky. 152 , 10 S.W.2d 629, 1928 Ky. LEXIS 45 ( Ky. 1928 ).

If the last of the ten (10) days allowed for an appeal to the Court of Appeals in a primary election recount proceedings falls on Labor Day, the appeal period is not extended, and appeal may not be filed the following day. Hudnall v. Fleenor, 300 Ky. 497 , 189 S.W.2d 724, 1945 Ky. LEXIS 585 ( Ky. 1945 ).

Employee’s petition seeking review of the denial of his application for disability retirement was properly denied as untimely because, pursuant to KRS 13B.140(1), the time period for filing the petition was 30 days, and, contrary to the employee’s claim, Columbus Day, the final day of the period, was not a legal holiday for time computation purposes. Wilkins v. Ky. Ret. Sys. Bd. of Trs., 2007 Ky. App. LEXIS 366 (Ky. Ct. App. Oct. 5, 2007), rev'd, 276 S.W.3d 812, 2009 Ky. LEXIS 13 ( Ky. 2009 ).

A retiree’s appeal was not untimely on the ground that although the deadline for filing the appeal fell on a legal holiday under KRS 2.110 (1), the Circuit Court remained open on that day; the retiree was entitled to the extra day to file since Columbus Day was a legal holiday pursuant to KRS 2.110 , and the word “may” in KRS 2.110(1) referred to and allowed, but did not mandate, all public offices to be closed on the listed holidays; the decision whether to close its offices on the holidays listed in KRS 2.110(1) was up to the Court of Justice, like any other public office, but its decision did not affect the day’s status as a legal holiday. Wilkins v. Ky. Ret. Sys. Bd. of Trs., 276 S.W.3d 812, 2009 Ky. LEXIS 13 ( Ky. 2009 ).

3.Deposition.

A deposition taken on Lincoln’s Birthday is admissible in evidence, if both parties had an opportunity to participate in the taking of the deposition. Field v. Collins, 263 Ky. 474 , 92 S.W.2d 793, 1936 Ky. LEXIS 207 ( Ky. 1936 ).

4.Business Transactions.

Business transactions on Thanksgiving Day, not otherwise unlawful, are valid; except as to commercial paper, it is not to be treated as the Sabbath. National Mut. Ben. Ass'n v. Miller, 85 Ky. 88 , 2 S.W. 900, 8 Ky. L. Rptr. 731 , 1887 Ky. LEXIS 25 ( Ky. 1887 ).

5.Qualification of School Trustees.

Where statute required school trustees to meet and qualify on first Monday in January after their election, qualification by trustees on Tuesday, January 2, because Monday, January 1, was holiday, was sufficient compliance. Jewett v. Matteson, 148 Ky. 820 , 147 S.W. 924, 1912 Ky. LEXIS 551 ( Ky. 1912 ).

Cited in:

Louisville & Jefferson County Planning & Zoning Com. v. Ogden, 307 Ky. 362 , 210 S.W.2d 771, 1948 Ky. LEXIS 714 ( Ky. 1948 ); Strickland v. Commonwealth, 329 S.W.2d 379, 1959 Ky. LEXIS 163 ( Ky. 1959 ); Gish v. Brown, 338 S.W.2d 383, 1960 Ky. LEXIS 378 ( Ky. 1960 ).

Opinions of Attorney General.

When the 31st of December falls on Sunday and the following day on which county officers are to take office for the ensuing term is a legal holiday, the county officers may be sworn in and execute bond when required on or before the first Monday in January, a legal holiday. OAG 61-886 .

Where a city ordinance stated that the city’s first occupational license tax year began September 1, 1968, it actually began on September 3, 1968, since September 1 fell on a Sunday and September 2 was Labor Day, a legal holiday. OAG 69-263 .

A bank that has elected under KRS 287.195 (now repealed) to close on a day other than Saturday each week may, under KRS 287.197 (now repealed), if it remains open on February 12th (Lincoln’s Birthday), close on its normal closing day, but these sections do not apply to a six-day workweek bank and, in accordance with subsection (2) of this section, in order to protect the legitimacy of its transactions as to officers and employes, if it remains open on February 12th, must close on the Saturday following February 12th. OAG 73-141 .

Where the Governor created two holidays applicable to public offices as well as banks and trust companies, on December 24 and December 31, pursuant to his authority under subsection (1) of this section, he could not make the holidays optional under subsection (2) because the two subsections are mutually exclusive as applied to banks and trust companies. OAG 73-848 .

Research References and Practice Aids

Cross-References.

Bank holidays, KRS 286.3-193 .

Process, issuance on holiday, KRS 454.125 .

School holidays, KRS 156.160 .

Sunday, act directed to be done on, to be done on next day, KRS 446.030 .

Sunday work and business prohibited, KRS 436.160 .

2.115. Suspension of holidays during World War II. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1942, ch. 149, §§ 1, 2) was repealed by Acts 1944, ch. 58, § 1, effective February 7, 1944.

2.120. Flag Day.

The fourteenth day of June of each year is “Flag Day.”

History. 2089i.

2.130. Mother’s Day.

The Governor is authorized and requested to issue annually a proclamation calling upon the state officials to display the United States flag on all state and school buildings and the people of the state to display the flag at their homes, lodges, churches, and places of business and other suitable places, on the second Sunday in May, known as Mother’s Day, as a public expression of love and reverence for the mothers of our state and other women serving it and as an inspiration for better homes and closer ties between the home and our Commonwealth.

History. 2089h.

2.132. Grandmother’s Day.

The Governor is authorized and requested to issue annually a proclamation calling upon the state officials to display the United States flag on all state and school buildings and the people of the state to display the flag at their homes, lodges, churches, places of business and other suitable places on the second Sunday in October, known as Grandmother’s Day as a public expression of the love, esteem and reverence in which grandmothers are held by the citizens of the Commonwealth.

History. Enact. Acts 1958, ch. 6, effective June 19, 1958.

2.135. Barrier Awareness Day — Disability Day.

  1. May 7 of each year is named and declared to be “Barrier Awareness Day” throughout the Commonwealth.
  2. August 2 of each year is named and declared to be “Disability Day” throughout the Commonwealth.

History. Enact. Acts 1984, ch. 48, § 1, effective July 13, 1984; 1988, ch. 68, § 1, effective May 7, 1988; 1994, ch. 405, § 2, effective July 15, 1994.

2.140. General Pulaski’s Day.

The Governor shall issue a proclamation calling upon officials of the government to display the flag of the United States on all governmental buildings on October 11 of each year and inviting the people of Kentucky to observe the day in schools and churches, or other suitable places, with appropriate ceremonies in commemoration of the death of General Casimir Pulaski.

History. 2089k.

2.145. Kentucky Harvest Day.

November 15 is designated as “Kentucky Harvest Day.”

History. Enact. Acts 1998, ch. 475, § 1, effective July 15, 1998.

2.147. Juneteenth National Freedom Day.

  1. The nineteenth of June each year shall be observed in Kentucky as “Juneteenth National Freedom Day.”
  2. The Governor shall proclaim June 19 of each year as “Juneteenth National Freedom Day” and will encourage all Kentuckians celebrating this day to honor and reflect on the significant roles that African-Americans have played in the history of the United States.

History. Enact. Acts 2005, ch. 48, § 1, effective June 20, 2005.

2.148. A Day of Prayer for Kentucky’s Students.

  1. The General Assembly recognizes that the students of the Commonwealth are the state’s single greatest resource and designates the last Wednesday in September of each year as A Day of Prayer for Kentucky’s Students.
  2. The Governor shall annually proclaim the last Wednesday in September as A Day of Prayer for Kentucky’s Students and shall call upon the citizens of the state, in accordance with their own faith and consciences, to pray, meditate, or otherwise reflect upon the students of this state as well as their teachers, administrators, and schools.

HISTORY: 2019 ch. 141, § 1, effective June 27, 2019.

2.149. Farmer Suicide Prevention Day.

  1. The Wednesday of National Farm Safety Week, which is the third week of September, shall be observed in Kentucky as “Farmer Suicide Prevention Day.”
  2. The Governor shall annually proclaim the Wednesday of National Farm Safety Week as “Farmer Suicide Prevention Day” and encourage citizens of this Commonwealth to recognize the mental health challenges faced in the farming community and to fully support those farmers and farm families who produce the food, fiber, feed, and fuel for this nation and the world.

HISTORY: 2020 ch. 16, § 1, effective July 15, 2020.

2.150. Daylight saving time in counties containing a city of the first class. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1950, ch. 195, § 1, effective June 15, 1950) was repealed by Acts 1952, ch. 113, § 1, effective June 19, 1952.

2.152. 9/11 First Responders Day.

  1. The eleventh day of September each year shall be observed in Kentucky as “9/11 First Responders Day.”
  2. The Governor is authorized and requested to issue a proclamation annually recognizing “9/11 First Responders Day” honoring those men and women who rushed, without hesitation, to save lives as our nation and its people were attacked by terrorists on September 11, 2001. The purpose of “9/11 First Responders Day” is to ensure that we never forget the tragic events of September 11, 2001, and to protect and preserve the honor that is duly deserved for those who responded to the unprecedented emergency on that day.

History. Enact. Acts 2011, ch. 65, § 1, effective June 8, 2011.

2.155. Kentucky National Guard Day.

The twenty-fourth day of June of each year is designated as Kentucky National Guard Day in the Commonwealth of Kentucky.

History. Enact. Acts 2000, ch. 242, § 1, effective July 14, 2000.

2.156. State gun.

The Kentucky Long Rifle is named and designated the official gun of the Commonwealth of Kentucky.

History. Enact. Acts 2013, ch. 32, § 156, effective June 25, 2013.

2.157. Kentucky Retired Veterans Day.

July 1 of each year is designated as Kentucky Retired Veterans Day.

History. Enact. Acts 2005, ch. 83, § 1, effective June 20, 2005.

2.158. Korean War Armistice Day.

  1. To recognize Armed Forces members who courageously served during the Korean War, July 27, the date of the military armistice agreement that ended the war, shall be observed in Kentucky as “Korean War Armistice Day.”
  2. The Governor shall issue an annual proclamation for the observance of “Korean War Armistice Day” and request that some portion of the day be used for solemn contemplation on the sacrifices that members of the United States Armed Forces made during that war.

History. Enact. Acts 2014, ch. 32, § 1, effective July 15, 2014.

2.159. Welcome Home Vietnam Veterans Day.

The thirtieth day of March each year is designated as Welcome Home Vietnam Veterans Day in the Commonwealth of Kentucky.

HISTORY: 2016 ch. 7, § 1, effective July 15, 2016.

2.160. Standard of time. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 113, § 1, effective June 19, 1952; 1958, ch. 15, § 1, effective June 19, 1958) was declared unconstitutional in Dawson v. Hamilton , 314 S.W.2d 532 (Ky. Ct. App. 1958); Radio Station WSAC v. Pirtle , 317 S.W.2d 489 (Ky. Ct. App. 1958); Hamilton v. City of Louisville , 332 S.W.2d 539 (Ky. Ct. App. 1960) and was repealed by Acts 1966, ch. 255, § 283, effective June 16, 1966.

2.170. Observance of standard time by political subdivisions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 15, § 3) was declared unconstitutional in Dawson v. Hamilton , 314 S.W.2d 532 (Ky. Ct. App. 1958); Radio Station WSAC v. Pirtle , 317 S.W.2d 489 (Ky. Ct. App. 1958) and was repealed by Acts 1966, ch. 255, § 283, effective June 16, 1966.

2.180. Violation of time standard by political subdivisions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 15, § 4) was declared unconstitutional in Dawson v. Hamilton , 314 S.W.2d 532 (Ky. Ct. App. 1958); Radio Station WSAC v. Pirtle , 317 S.W.2d 489 (Ky. Ct. App. 1958) and was repealed by Acts 1966, ch. 255, § 283, effective June 16, 1966.

2.190. Presidential election day.

The Tuesday after the first Monday in November in Presidential election years shall be a state holiday on which all state offices, all schools and all state universities and colleges shall be closed. Any employee who is required to work on said state holiday shall receive compensatory pay or time off.

History. Enact. Acts 1972, ch. 188, § 71, effective December 1, 1972; 1992, ch. 77, § 18, effective July 14, 1992.

2.200. Declaration of day of mourning.

The Governor is authorized to declare a day of mourning in the Commonwealth of Kentucky on suitable and appropriate occasions. Such declaration of a day of mourning shall in no way affect the operation of banks and trust companies, public schools, public offices, state agencies or any other segment of public or private endeavor in the state.

History. Enact. Acts 1974, ch. 198, § 1, effective June 21, 1974.

2.210. Kentucky Shakespeare Festival.

Shakespeare in Central Park of Louisville, Kentucky, is hereby designated as the Kentucky Shakespeare Festival.

History. Enact. Acts 1984, ch. 274, § 1, effective July 13, 1984.

2.220. Kentucky Commonwealth Theatre.

Devou Park Summer Classics Theatre of Covington shall be designated as the Kentucky Commonwealth Theatre.

History. Enact. Acts 1992, ch. 106, § 1, effective July 14, 1992.

Research References and Practice Aids

Cross-References.

State Theatre of Kentucky, designation, KRS 153.110 .

2.225. State amphitheater.

The Iroquois Amphitheater, located in Iroquois Park in Louisville, Kentucky, is named and designated as the state amphitheater.

History. Enact. Acts 2001, ch. 116, § 1, effective June 21, 2001.

2.227. Anti-Bullying Month.

  1. The General Assembly recognizes its responsibility to secure the environment for all Kentucky students. Thus, October of each year shall be designated as Anti-Bullying Month in the Commonwealth.
  2. As a symbol of awareness of the serious issues and negative effects of bullying, the official ribbon for the Anti-Bullying Month in the Commonwealth shall be purple and yellow. The color purple is a reminder of domestic violence and the color yellow is in memory of those who have taken their lives as a result of bullying.

History. Enact. Acts 2014, ch. 63, § 1, effective July 15, 2014.

2.230. Native American Indian Month.

  1. The month of November of each year shall be observed in Kentucky as “Native American Indian Month” and during this month schools, clubs, and civic and religious organizations are encouraged to recognize the contributions of Native American Indians with suitable ceremony and fellowship designed to promote greater understanding and brotherhood between Native American Indians and the non-Native American Indian people of the Commonwealth of Kentucky.
  2. The Governor shall, prior to the first day of November of each year, issue a proclamation inviting and urging the people of the Commonwealth to observe Native American Indian Month with suitable ceremony and fellowship.
  3. The Kentucky Department of Education, Kentucky Heritage Council, and the Native American Heritage Commission established in KRS 171.820 shall, within the limits of funds available for this purpose, make information available to all people of this Commonwealth regarding Native American Indian Month and the observance thereof.

History. Enact. Acts 1998, ch. 352, § 1, effective July 15, 1998; 2004, ch. 49, § 3, effective July 13, 2004.

2.233. Diffuse Intrinsic Pontine Glioma Awareness Day.

  1. May 17 of each year is designated as “Diffuse Intrinsic Pontine Glioma Awareness Day” throughout the Commonwealth.
  2. The Governor shall proclaim May 17 of each year as “Diffuse Intrinsic Pontine Glioma Awareness Day” to raise awareness and encourage research into effective treatments and cures.

HISTORY: 2022 ch. 101, § 1, effective July 14, 2022.

Legislative Research Commission Notes.

(7/14/2022). 2022 Ky. Acts ch. 101, sec. 2. provides that this statute, which was created by the Act, may be cited as the Candace Metten Act.

2.234. ALS Awareness Day.

  1. February 21 of each year is designated as “ALS Awareness Day” throughout the Commonwealth.
  2. The Governor shall proclaim February 21 of each year as “ALS Awareness Day” and shall encourage Kentuckians to support research into effective treatments and an eventual cure.

HISTORY: 2016 ch. 45, § 1, effective July 15, 2016.

2.235. Mesothelioma Awareness Day.

  1. September 26 of each year is designated “Mesothelioma Awareness Day” throughout the Commonwealth.
  2. The Governor shall proclaim September 26 of each year as “Mesothelioma Awareness Day” and shall encourage Kentuckians to support research into effective treatments and early-detection methods.

History. Enact. Acts 2010, ch. 137, § 1, effective July 15, 2010.

2.236. Arthrogryposis Multiplex Congenita Awareness Day.

The thirtieth day of June of each year is designated and shall be observed in Kentucky as “Arthrogryposis Multiplex Congenita Awareness Day.”

HISTORY: 2018 ch. 100, § 1, effective July 14, 2018.

2.237. Coal Miners Appreciation Week — Coal Truck Driver Appreciation Day.

The third week of August of each year shall be designated as Coal Miners Appreciation Week, and the Monday of the fourth week shall be designated as Coal Truck Driver Appreciation Day. The Governor may annually issue a proclamation designating the third week of August as Coal Miners Appreciation Week and the Monday of the fourth week as Coal Truck Driver Appreciation Day, and calling upon coal mining businesses and all citizens of the Commonwealth to observe the occasion and honor the coal miners and coal truck drivers of the Commonwealth.

History. Enact. Acts 2011, ch. 56, § 1, effective June 8, 2011; 2012, ch. 24, § 1, effective July 12, 2012.

2.240. Organ Donor Awareness Week.

  1. The fourth week of April of each year is designated as Organ Donor Awareness Week, and the Governor shall annually issue a proclamation inviting and urging the people of the Commonwealth to be involved with appropriate activities. This observance is created to educate the citizens of the Commonwealth about the importance of organ donation.
  2. As part of Organ Donor Awareness Week, the Governor and the House of Representatives and the Senate of the General Assembly shall honor those persons who have donated organs and surviving family members with a ceremony in the Capitol rotunda. Each person who has donated an organ shall be recognized collectively by citation and, upon request, the person or the person’s family shall be given a copy of the citation. The Governor may establish an organ donor honor board to collect the name of each person, subject to the person’s consent, who donates an organ in the Commonwealth during the year, and to recognize medical professionals, educators, volunteers, public employees, and private organizations that are involved with the organ donation process. Nothing in this section shall be construed to require reporting of the name of any person involved with the organ donation process or to supersede patient confidentiality protections established by statute, the Board of Medical Licensure or other state entity, or the Federal Health Insurance Portability and Accountability Act.
  3. Education efforts are encouraged to focus on the importance of organ donation and its significance with saving the lives of Kentuckians. The Cabinet for Health and Family Services is encouraged to develop and circulate materials relating to organ donation, including but not limited to:
    1. The benefits of living organ donation; and
    2. The impact of living organ donation on the access of a living organ donor to insurance, including the protections set forth in KRS 304.12-087 .

History. Enact. Acts 2003, ch. 121, § 1, effective June 24, 2003; 2005, ch. 99, § 72, effective June 20, 2005; 2021 ch. 55, § 2, effective June 29, 2021.

2.245. Retired Teachers’ Week.

The fourth week of May of each year is designated as Retired Teachers’ Week. The Governor may annually issue a proclamation designating the fourth week of May as Retired Teachers’ Week and calling upon public schools and citizens of the state to observe the occasion and honor the retired teachers of the state.

History. Enact. Acts 1986, ch. 35, § 1, effective July 15, 1986.

2.250. Garden week.

The first week of June of each year is “Garden Week.”

History. Enact. Acts 1982, ch. 78, § 1, effective July 15, 1982.

2.255. “Commonwealth Cleanup” week — Environmental Education Month.

  1. The fourth week of March each year shall be “Commonwealth Cleanup” week, culminating with a statewide cleanup day on the Saturday of that week. This week shall provide an opportunity for Kentucky communities, in partnership with local, regional, and state entities, to clean and display the natural beauty of the Commonwealth.
  2. Local governments and private businesses shall be encouraged to participate in “Commonwealth Cleanup” week through developing, organizing, and implementing activities that highlight the natural beauty of their communities. They are encouraged to work in partnership with civic and volunteer organizations as well as corporate sponsors. Their goal shall be to consider the ways in which Kentucky’s beauty enriches their daily living and underpins their economic vitality. Examples of  “Commonwealth Cleanup” week activities include: encouraging local communities to offer prizes for those groups who collect the most litter; asking boat owners to volunteer their services to help remove litter from shorelines not easily reached by land; and setting up locations for recyclables.
  3. The Kentucky National Guard is encouraged to support this effort by providing logistical support across the Commonwealth to help clean up the sites too large for volunteer groups.
  4. The Energy and Environment Cabinet shall promote “Commonwealth Cleanup” week by continuing to support those agencies and organizations wanting to clean up the environment. The support shall include providing technical assistance in assessing and understanding Kentucky’s natural resources, coordinating contacts with other state and federal agencies that can assist with a project as appropriate, guiding local organizers to possible sources of funding to help implement a project as appropriate, overseeing a statewide campaign to publicize “Commonwealth Cleanup” week, and promoting those communities that have outstanding participation. This includes working in tandem with the Kentucky Department of Education to sponsor a statewide poster contest for children through the eighth grade.
  5. The month of March shall be designated as Environmental Education Month. During this time, state agencies involved in environmental education are encouraged to work with schools and communities to promote the environment and its preservation. Schools shall also be encouraged to sponsor cleanup or beautifying activities on their grounds during this month.
  6. The “Commonwealth Cleanup” week activities shall culminate with the Governor proclaiming the success of those communities, civic organizations, and corporate sponsors that excel in cleaning up where they live.

History. Enact. Acts 1998, ch. 346, §§ 1-6, effective July 15, 1998; 2010, ch. 24, § 1, effective July 15, 2010.

2.260. State Tug-of-War Championship.

The Fordsville (Ohio County) Tug-of-War Championship Contest is named and designated as the Kentucky State Tug-of-War Championship.

History. Enact. Acts 1984, ch. 76, § 1, effective July 13, 1984; 1990, ch. 186, § 1, effective July 13, 1990.

2.270. Covered bridge capital of Kentucky — Official covered bridge of Kentucky.

  1. Fleming County is named and designated as the “Covered Bridge Capital of Kentucky.”
  2. The Switzer Covered Bridge in Franklin County is named and designated as the official covered bridge of Kentucky.

History. Enact. Acts 1998, ch. 404, § 1, effective July 15, 1998.

2.275. Birthplace of beer cheese.

Clark County, Kentucky, is named and designated as the birthplace of beer cheese.

History. Enact. Acts 2013, ch. 124, § 9, effective June 25, 2013.

2.280. Official steam locomotive of Kentucky.

Steam locomotive #152, a 4-6-2 Light Pacific, formerly of the Louisville and Nashville Railroad and restored to operation by the volunteer members of the Kentucky Railway Museum, is named and designated as the official steam locomotive of the Commonwealth of Kentucky.

History. Enact. Acts 2000, ch. 59, § 1, effective July 14, 2000.

2.300. State silverware pattern.

Old Kentucky Blue Grass-The Georgetown Pattern is named and designated as the official state silverware pattern.

History. Enact. Acts 1996, ch. 278, § 1, effective July 15, 1996.

2.350. Official saddle of Kentucky.

The Kentucky Springseat Saddle (Minihan) is named and designated the official saddle of the Commonwealth of Kentucky.

HISTORY: 2019 ch. 17, § 1, effective June 27, 2019.

2.400. State bourbon festival.

The Kentucky Bourbon Festival, Incorporated, of Bardstown, Kentucky, is named and designated the official state bourbon festival.

History. Enact. Acts 2000, ch. 363, § 1, effective July 14, 2000.

2.990. Penalty.

Any person violating any of the provisions of KRS 2.060 shall be fined not more than one hundred dollars ($100) or imprisoned for not more than thirty (30) days, or both.

History. 2089i-5.

2.991. Penalty. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1958, ch. 15, § 2, effective June 19, 1958) was declared unconstitutional in Dawson v. Hamilton , 314 S.W.2d 532 (Ky. Ct. App. 1958); Radio Station WSAC v. Pirtle , 317 S.W.2d 489 (Ky. Ct. App. 1958), and was repealed by Acts 1966, ch. 255, § 283, effective June 16, 1966.

CHAPTER 3 Grants to United States of Lands and Rights to Acquire

3.010. Consent of state to acquisition of lands.

The Commonwealth of Kentucky consents to the acquisition by the United States of all lands and appurtenances in this state, by condemnation, gift or purchase, which are needful to their constitutional purposes, but said acquisition shall not be deemed to result in a cession of jurisdiction by this Commonwealth.

History. 2376, 2376a-1, 2376c-1: amend. Acts 1944, ch. 173, § 1; 1954, ch. 217, § 1, effective June 17, 1954.

NOTES TO DECISIONS

1.Construction.

This section could not operate to qualify an unlimited consent given for acquisition of land before its enactment. Kingwood Oil Co. v. Henderson County Bd. of Supervisors, 367 S.W.2d 129, 1963 Ky. LEXIS 13 ( Ky. 1963 ).

2.Jurisdiction.

When United States purchases land with consent of State for purpose enumerated in U.S. Const., Art. I, § 8, Clause 17, it acquires exclusive jurisdiction though cession of jurisdiction by state is not unequivocally declared. Commonwealth v. King, 252 Ky. 699 , 68 S.W.2d 45, 1934 Ky. LEXIS 853 ( Ky. 1934 ).

State court had no jurisdiction to try cashier for making false entries in books of bank, in building leased from the United States and located on land ceded by Kentucky to the United States for a military reservation. Commonwealth v. King, 252 Ky. 699 , 68 S.W.2d 45, 1934 Ky. LEXIS 853 ( Ky. 1934 ).

Where lease was executed pursuant to implied authority of executive branch of federal government to protect public lands even if this power to lease had legislative sanction it did not necessarily include the power to recede jurisdiction of land ceded to the federal government in order to permit assessment of state and county ad valorem taxes against a lessee’s rights. Kingwood Oil Co. v. Henderson County Bd. of Supervisors, 367 S.W.2d 129, 1963 Ky. LEXIS 13 ( Ky. 1963 ).

3.— Military Reservation.

This section could not change KRS 3.030 ceding to the United States all rights and jurisdiction over land and premises constituting Fort Knox military reservation so as to give Kentucky jurisdiction over Fort Knox and could not do so retroactively, thus persons on military reservation are not within jurisdiction of Kentucky courts. Lathey v. Lathey, 305 S.W.2d 920, 1957 Ky. LEXIS 347 ( Ky. 1957 ).

Where land in Camp Breckinridge military reservation was acquired by the United States by condemnation Kentucky under this section could express blanket consent to the acquisition of lands acquired for forts and United States could acquire exclusive jurisdiction over the land so acquired. Kingwood Oil Co. v. Henderson County Bd. of Supervisors, 367 S.W.2d 129, 1963 Ky. LEXIS 13 ( Ky. 1963 ).

4.Law Applicable to Criminal Offenses.

Fact that consent of State to purchase by the United States was given after the purchase was immaterial so far as offenses committed after consent was given are concerned. United States v. Tucker, 122 F. 518, 1903 U.S. Dist. LEXIS 285 (D. Ky. 1903 ).

Where offense is committed on property under exclusive jurisdiction of the United States, if no United States law specifically provides for the offense, punishment will be given according to existing applicable state law. United States v. Tucker, 122 F. 518, 1903 U.S. Dist. LEXIS 285 (D. Ky. 1903 ).

5.State Rights.

This section does not reserve any right to the state. Commonwealth v. King, 252 Ky. 699 , 68 S.W.2d 45, 1934 Ky. LEXIS 853 ( Ky. 1934 ).

6.Oil and Mineral Lease Rights.

Where United States executed oil and mineral lease to appellants covering tract of land within the boundaries of Camp Breckinridge military reservation, state and county ad valorem taxes could not be assessed against appellant’s lease rights for Kentucky had ceded exclusive jurisdiction of the land to the United States and only Congress could make a recession of jurisdiction to permit the imposition of such taxes and Congress had not done so. Kingwood Oil Co. v. Henderson County Bd. of Supervisors, 367 S.W.2d 129, 1963 Ky. LEXIS 13 ( Ky. 1963 ).

Cited in:

Howard v. Commissioners of Sinking Fund, 344 U.S. 624, 73 S. Ct. 465, 97 L. Ed. 617, 1953 U.S. LEXIS 2396 (1953); Falls City Brewing Co. v. Reeves, 40 F. Supp. 35, 1941 U.S. Dist. LEXIS 2844 (D. Ky. 1941 ); Hughes Transp., Inc. v. United States, 121 F. Supp. 212, 1954 U.S. Ct. Cl. LEXIS 129 (1954); Davis v. Howard, 306 Ky. 149 , 206 S.W.2d 467, 1947 Ky. LEXIS 965 ( Ky. 1947 ); Commissioners of Sinking Fund v. Howard, 248 S.W.2d 340, 1952 Ky. LEXIS 730 ( Ky. 1952 ), aff’d, 344 U.S. 624, 73 S. Ct. 465, 97 L. Ed. 617, 1953 U.S. LEXIS 2396 (1953).

Opinions of Attorney General.

The Commonwealth of Kentucky has jurisdiction over the Camp Breckinridge grounds for certain purposes. OAG 60-561 .

Where children residing on federal property attend schools operated and financed by the federal government, if the property in the federally owned areas were subject to local ad valorem taxation by the school districts, and if the responsibility for educating children residing in these areas was transferred to the local school districts, then those resident children could properly and lawfully be included in the computation of state minimum foundation program fund allocations. OAG 68-50 .

The transfer of land by the University of Kentucky to the Veterans’ Administration for use as a hospital site does not require the approval of the plat from the Lexington-Fayette County planning commission. OAG 68-555 .

Research References and Practice Aids

Cross-References.

Bird reservations, consent to acquisition, KRS 150.270 .

Exclusive jurisdiction given United States over land acquired for certain purposes with consent of the state, U.S. Const., Art. I, § 8, Clause 17.

3.020. Jurisdiction retained for execution of process.

Kentucky retains jurisdiction for the execution of process, issued under its authority, over all lands in Kentucky heretofore or hereafter ceded to or acquired by the United States for the erection or establishment of post offices, custom houses, courthouses, locks, dams, canals, parks, cemeteries, or forest reserves.

History. 2376a-1, 2376b-1, 2376c-1, 2376e-2, 2739f-2, 2739f-8, 3766e-17, 3766e-30.

NOTES TO DECISIONS

Cited in:

In re Air Crash Disaster at Gander, 660 F. Supp. 1202, 1987 U.S. Dist. LEXIS 4398 (W.D. Ky. 1987 ); Kentucky Bar Ass’n v. Bingham, 811 S.W.2d 770, 1991 Ky. LEXIS 134 ( Ky. 1991 ).

Opinions of Attorney General.

The Commonwealth of Kentucky has jurisdiction over the Camp Breckinridge grounds for certain purposes. OAG 60-561 .

3.025. Jurisdiction over federal correctional institution at Ashland ceded.

Kentucky cedes to the United States jurisdiction over the area embraced by the federal correctional institution at Ashland.

History. Enact. Acts 1962, ch. 190, § 1, effective June 16, 1960.

3.026. Jurisdiction over federal correctional institution at Fayette County ceded.

Kentucky cedes to the United States jurisdiction over the area embraced by the federal correctional institution at Fayette County.

History. Enact. Acts 1984, ch. 134, § 1, effective July 13, 1984.

3.027. Jurisdiction over federal correctional institution at Manchester ceded.

Kentucky cedes to the United States concurrent civil and criminal jurisdiction over all of the land and premises acquired by the United States in Clay County constituting the federal correctional institution at Manchester.

History. Enact. Acts 1994, ch. 8, § 1, effective April 29, 1994.

Legislative Research Commission Notes.

(7/15/94). By a letter dated April 29, 1994, the Attorney General of the United States advised the Governor of Kentucky that the United States accepted jurisdiction over the correctional facility as provided by 1994 Ky. Acts ch. 8, sec. 2, thereby making effective this statute.

3.028. Jurisdiction over federal correctional facilities in McCreary and Martin Counties ceded.

  1. Kentucky cedes to the United States concurrent civil and criminal jurisdiction over all of the lands acquired by the United States in McCreary County and Martin County acquired for a United States penitentiary and ancillary correctional facilities, including lands now owned and adjacent lands that may be acquired by the United States in the future as part of said correctional facilities.
  2. The cession granted hereby shall remain in effect as to all of said land, or any portion thereof that continues to be owned by the United States and used as a United States penitentiary and ancillary correctional facilities.

History. Enact. Acts 2002, ch. 13, § 1, effective March 1, 2002.

3.030. Jurisdiction over military post (Fort Knox) at West Point ceded.

Kentucky cedes to the United States all the rights and jurisdiction which she now possesses over the land and premises in the vicinity of West Point, Kentucky, conveyed or to be conveyed to the United States for the purpose of establishing a permanent camp of instruction and military post, so long as the same shall remain the property of the United States.

History. 2376d-1.

NOTES TO DECISIONS

1.Applicability.

KRS 3.010 , consenting to acquisition by United States of lands in Kentucky without ceding jurisdiction, could not change this section which was enacted prior thereto so as to give Kentucky jurisdiction over Fort Knox; thus persons on military reservation are not within jurisdiction of Kentucky courts. Lathey v. Lathey, 305 S.W.2d 920, 1957 Ky. LEXIS 347 ( Ky. 1957 ).

2.Jurisdiction.

Where father filed petition for habeas corpus for the return of the children who had been taken by the mother to live with her at Fort Knox, the fact that Fort Knox was a federal reservation and that Kentucky had ceded all jurisdiction over it to the United States vested jurisdiction in the federal district court. Young v. Minton, 344 F. Supp. 423, 1972 U.S. Dist. LEXIS 14381 (W.D. Ky. 1972 ).

3.— Criminal.

State court has no jurisdiction to try cashier for making false entries in books of bank, in building leased from United States and located on Fort Knox military reservation. Commonwealth v. King, 252 Ky. 699 , 68 S.W.2d 45, 1934 Ky. LEXIS 853 ( Ky. 1934 ).

4.— State Highways.

Where automobile accident occurred on highway running through United States military reservation and right-of-way of state highway had never been transferred to United States, the state had sufficient interest to exercise its police and legislative power to entertain the suit. Atcher v. Elizabethtown Lincoln-Mercury, Inc., 249 S.W.2d 743, 1952 Ky. LEXIS 853 ( Ky. 1952 ).

5.— Regulatory Bodies.

Public Service Commission had authority to issue a certificate of public convenience and necessity to South Central Bell Telephone Company to provide service for Fort Knox, even though it is a federal enclave, whenever federal government decided it wanted such service. Brandenburg Tel. Co. v. South Cent. Bell Tel. Co., 506 S.W.2d 513, 1974 Ky. LEXIS 757 ( Ky. 1974 ).

6.— Juveniles.

Federal district court and not state district court had jurisdiction over juvenile for crimes committed on Fort Knox military reservation since by this section the Kentucky Legislature has expressly granted jurisdiction to federal courts for matters occurring on the premises of Fort Knox and such statute does not conflict with KRS 610.010 . United States v. Juvenile Male, 939 F.2d 321, 1991 U.S. App. LEXIS 15266 (6th Cir. Ky. 1991 ).

7.Domicile by Military Personnel.

A soldier who is assigned to a military post on land ceded by the state to the federal government does not become a resident of the state by virtue of residence at the post, but if he establishes a residence near the post, for the purpose of making such residence the home of himself and his wife, he may acquire a domicile and legal residence there, and his subsequent removal to quarters within the post, at the direction of his military superiors, would not operate to deprive him of the domicile so acquired. St. John v. St. John, 291 Ky. 363 , 163 S.W.2d 820, 1942 Ky. LEXIS 220 ( Ky. 1942 ).

8.Taxation.

Kentucky, in consenting to the acquisition by the United States of the lands now occupied by Fort Knox, did not reserve, and therefore does not have, any right to levy any character of tax against property owned or privileges enjoyed within Fort Knox. Falls City Brewing Co. v. Reeves, 40 F. Supp. 35, 1941 U.S. Dist. LEXIS 2844 (D. Ky. 1941 ).

The Fort Knox post exchange was an “instrumentality” of the United States, within the meaning of a congressional resolution which waived certain exemptions of state tax on federal areas except as to the United States and its instrumentalities, and therefore it was not subject to Kentucky law requiring license for sale of malt beverages. Falls City Brewing Co. v. Reeves, 40 F. Supp. 35, 1941 U.S. Dist. LEXIS 2844 (D. Ky. 1941 ).

There is nothing in the act of cession involved here which reserved to the commonwealth the right to tax private property located within the Fort Knox military area. Hardin County Board of Supervisors v. Kentucky Limousines, 293 S.W.2d 239, 1956 Ky. LEXIS 61 ( Ky. 1956 ).

Cited in:

Hughes Transp., Inc. v. United States, 121 F. Supp. 212, 1954 U.S. Ct. Cl. LEXIS 129 (1954); First Hardin Nat’l Bank v. Fort Knox Nat’l Bank, 361 F.2d 276, 1966 U.S. App. LEXIS 6014 (6th Cir. 1966); In re Air Crash Disaster at Gander, 660 F. Supp. 1202, 1987 U.S. Dist. LEXIS 4398 (W.D. Ky. 1987 ).

Opinions of Attorney General.

The Commonwealth of Kentucky has jurisdiction over the Camp Breckinridge grounds for certain purposes. OAG 60-561 .

A state policeman, even though he has statewide jurisdiction to make arrests, has gone beyond his jurisdiction when he enters upon the Fort Knox reservation and thereby attempts to exercise his police powers. OAG 60-1007 .

If the permission of the Department of Defense is obtained, a county court clerk may go upon the military reservation at Fort Knox and validly issue Kentucky automobile license plates for military and civilian personnel. OAG 61-248 .

Where children residing on federal property attend schools operated and financed by the federal government, if the property in the federally owned areas were subject to local ad valorem taxation by the school districts, and if the responsibility for educating children residing in these areas was transferred to the local school districts, then those resident children could properly and lawfully be included in the computation of state minimum foundation program fund allocations. OAG 68-50 .

As Fort Knox is a federal enclave located within Kentucky territory and is unique among the acquisitions by the United States in Kentucky in that it is the only one in which no jurisdiction at all was reserved to the State, Kentucky cannot exercise any jurisdiction over Fort Knox and its residents. OAG 74-180 .

Persons on the Ft. Knox military reservation are not subject to the jurisdiction of the Kentucky courts and the Circuit Court does not have jurisdiction to conduct a mental incompetency inquest of a person residing on the reservation unless he is properly served by summons while off the reservation and all other jurisdictional requirements of KRS Chapter 203 (repealed, see now Chapter 202A) are satisfied. OAG 75-622 .

Fort Knox military reservation is not within the jurisdiction of Kentucky courts. OAG 75-698 .

The Kentucky Athletic Commission has no authority to tax the gross receipts received from a professional boxing or wrestling match held on the military reservation at Fort Knox. OAG 77-253 .

3.040. Jurisdiction of military park at Perryville ceded.

Kentucky cedes its jurisdiction to the United States over so much of any lands, not exceeding three thousand (3,000) acres, as may be selected in Boyle County, near Perryville, for the purpose of establishing, maintaining, beautifying and protecting a national military park at the battlefield of Perryville.

History. 2376b-1.

3.050. Perryville battlefield to be conveyed to the United States.

  1. Whenever the United States Congress enacts a law authorizing the United States to take over the Perryville battlefield, now in the hands of the Division of Parks, the Governor shall appoint a commissioner who shall make and execute on behalf of Kentucky, a deed conveying fee simple title to the United States for national cemetery or park purposes, in conformity with the provisions of the Act of Congress when enacted, seventeen and three-fourths (17.75) acres of land, more or less, in Boyle County, Kentucky, now owned and held by the Commonwealth of Kentucky, together with all improvements thereon and appurtenances thereunto belonging. The conveyance shall be made free of any cost or charge to the United States for the property conveyed. The commissioner may ascertain by survey or otherwise the metes and bounds of the land conveyed and include in the deed an appropriate description of the land. The deed shall contain a clause to the effect that, when the United States shall cease to use or maintain the land conveyed as a national cemetery or park, upon demand of the Governor of Kentucky, it shall revert to Kentucky, and complete jurisdiction over it shall be again vested in Kentucky. The deed shall be in a form agreeable to the provisions of the Act of Congress, when enacted.
  2. When the conveyance to the United States is made, the jurisdiction of Kentucky shall thereby be ceded to and vested in the United States over the land conveyed. The jurisdiction hereby ceded shall continue no longer than the United States of America shall own the land.

History. 2739f-8.

Compiler’s Notes.

By Acts 1944, ch. 177, conveyance of the Blue Licks Battlefield State Park to the United States was authorized.

3.060. Zachary Taylor burial grounds ceded.

  1. Kentucky cedes its jurisdiction to the United States over all that portion of the Zachary Taylor burial grounds and appurtenances in Jefferson County which were conveyed by Kentucky to the United States for national cemetery purposes, so long as the United States shall own the land.
  2. If and when the remaining portions of said burial grounds, or any of them, or any approaches thereto, shall be conveyed to the United States, the jurisdiction of Kentucky over same shall be thereby ceded to, and shall vest in the United States, so long as same shall be used for national cemetery purposes.

History. 2739f-2.

3.070. Jurisdiction of land for Mammoth Cave National Park ceded.

  1. The United States is authorized to acquire, pursuant to the provisions of this section, as well as in pursuance to KRS 148.111 , 148.121 , 148.141 and 148.151 , the lands, including the caves and caverns underlying the same, within the area hereinafter referred to, as well as any lands contiguous or adjacent thereto which may hereafter be duly authorized for acquisition for national park purposes, for the purpose of converting same into, and for the establishment and maintenance thereon of, a national park as contemplated and provided for by the Act of Congress entitled “An Act to provide for the establishment of the Mammoth Cave National Park in the State of Kentucky, and for other purposes,” approved May 25, 1926 (44 Stat. 635), and any amendments thereto. The lands, consisting of approximately 70,618 acres, are situated in the counties of Edmonson, Barren and Hart, in Kentucky. The general boundaries thereof are set forth in the report of the Southern Appalachian National Park Commission to the Secretary of the Interior, under the date of April 8, 1926.
  2. The jurisdiction of Kentucky is ceded to the United States over, within and under all the territory so acquired by the United States. Kentucky reserves the right to tax sales of gasoline and other motor conveyance fuels and oils for use in motor conveyances, except to the extent that such gasoline and other fuels and oils are used by the United States and its agents in the administration, protection, improvement, maintenance, development and operation of the land, and the right to tax persons, their franchises and properties, on the land so acquired. Persons residing on the land shall have the right to vote at all elections within the respective counties of their residence the same as if the land had not been acquired by the United States. Jurisdiction shall not vest in the United States until the United States, through the Secretary of the Interior, notifies the Governor of Kentucky that the United States assumes police jurisdiction over the land so acquired.

History. 3766e-16 to 3766e-18: amend. Acts 1966, ch. 255, § 1.

NOTES TO DECISIONS

1.Taxation.

While the statute indicates that Kentucky reserved the right to levy taxes on private persons and private activities in Mammoth Cave National Park, it does not indicate an intent to reserve the right to tax the activities and income of the United States, and the statute does not allow the imposition of a discriminatory tax or a tax that violates the dormant Commerce Clause. United States v. Edmonson County, 2001 U.S. Dist. LEXIS 17660 (W.D. Ky. Oct. 1, 2001).

Opinions of Attorney General.

The land in the federal enclave known as Mammoth Cave National Park is not subject to state jurisdiction and regulation regarding the consumption and sale of alcoholic beverages, and is outside of the enforcement of KRS Chapters 241-244. OAG 2008-03 .

3.080. Consent to acquisition of national forest reserves — Jurisdiction.

  1. Kentucky consents to the acquisition by the United States, by purchase or gift, or by condemnation, of such lands within the boundaries of Kentucky as in the opinion of the United States are needed for the establishment of national forest reserves within prescribed areas. Before such establishment the written approval and consent of the Governor of Kentucky, recorded in his office, shall be given as to the area of lands acquired by the United States.
  2. When forest reserves are established by the United States, either under existing federal statutes or any hereinafter enacted, then consent of Kentucky is given for Congress to pass such laws and to make or provide for the making of such rules and regulations, of both civil and criminal nature, and provide punishment therefor, as in its judgment may be necessary for the management, control and protection of the land as may be acquired by the United States under the provisions of this section.

History. 3766e-30, 3766e-31: amend. Acts 1944, ch. 173, § 2.

3.090. General Assembly to be furnished request for cession of jurisdiction of land to United States.

Except as otherwise provided in KRS 3.255 to 3.275 , whenever the United States, or any agency thereof, shall request the Commonwealth to cede jurisdiction over any area, it shall be the duty of the Governor to transmit such request to the next session of the General Assembly for such action as it may deem proper.

History. Enact. Acts 1954, ch. 217, § 2, effective June 17, 1954; 1978, ch. 68, § 7, effective June 17, 1978.

Opinions of Attorney General.

The Commonwealth of Kentucky has jurisdiction over the Camp Breckinridge grounds for certain purposes. OAG 60-561 .

Research References and Practice Aids

Cross-References.

National park system lands, concurrent legislative jurisdiction for criminal law enforcement, KRS 3.250 to 3.275 .

3.100. Letter accepting jurisdiction by United States to be entered upon executive journal.

Whenever the United States accepts the cession of jurisdiction over any area, the letter of acceptance shall be entered upon the executive journal.

History. Enact. Acts 1954, ch. 217, § 3, effective June 17, 1954.

3.110. Consent to retrocession of jurisdiction by United States.

Except as otherwise provided in KRS 3.255 to 3.275 , the Commonwealth consents to any retrocession by the United States of lands within its geographical boundaries whenever the United States shall have ceased to exercise exclusive or special jurisdiction over such lands. Inter alia, the conveyance of lands to private owners shall be deemed to constitute a retrocession of jurisdiction.

History. Enact. Acts 1954, ch. 217, § 4, effective June 17, 1954; 1978, ch. 68, § 8, effective June 17, 1978.

NOTES TO DECISIONS

1.Retroactive Effect.

This section could not operate to qualify an unlimited consent given for acquisition of land before its enactment. Kingwood Oil Co. v. Henderson County Bd. of Supervisors, 367 S.W.2d 129, 1963 Ky. LEXIS 13 ( Ky. 1963 ).

Concurrent Legislative Jurisdiction for Criminal Law Enforcement Purposes

3.250. Legislative finding.

The General Assembly finds that it is desirable that the Commonwealth of Kentucky and the United States exercise concurrent legislative jurisdiction for purposes of criminal law enforcement over lands of the National Park System of the United States Department of the Interior lying within the Commonwealth of Kentucky, and to that end KRS 3.255 to 3.275 provides a mechanism for the adjustment of legislative jurisdiction.

History. Enact. Acts 1978, ch. 68, § 1, effective June 17, 1978.

3.255. Definition.

“Concurrent legislative jurisdiction for purposes of criminal law enforcement,” as used in KRS 3.250 to 3.275 , means the joint power of the United States and the Commonwealth of Kentucky to enact and enforce their own criminal laws, including those pertaining to motor vehicle traffic control, over the lands in question. Under concurrent legislative jurisdiction for purposes of criminal law enforcement, both the United States and the Commonwealth of Kentucky, or either of them, may take jurisdiction over a given criminal offense, according to the laws of the respective sovereign.

History. Enact. Acts 1978, ch. 68, § 2, effective June 17, 1978.

3.260. Application by United States for concurrent legislative jurisdiction — Procedure.

  1. Whenever the United States shall desire to acquire concurrent legislative jurisdiction for purposes of criminal law enforcement over any lands within this Commonwealth which the United States has or shall have acquired for purposes of the establishment or extension of a unit of the National Park System of the United States Department of the Interior and shall make application for that purpose, Kentucky cedes such measure of legislative jurisdiction, not exceeding that requested by the United States, as may be necessary to enable the United States and the Commonwealth of Kentucky to exercise concurrent legislative jurisdiction for purposes of criminal law enforcement over such lands. The Governor is directed to negotiate with the United States, on behalf of the General Assembly, the administrative details of any such cession, which details shall be included in the instrument of cession.
  2. Said application on behalf of the United States shall be accompanied by an accurate description of the lands over which such concurrent legislative jurisdiction for purposes of criminal law enforcement is desired.
  3. Said cession of legislative jurisdiction shall become effective when the instrument of cession is signed by the Governor and the acceptance of jurisdiction by the United States is indicated in writing upon the instrument of cession by the United States Secretary of the Interior or his designee and entered upon the executive journal. In the event the Governor is of the opinion that the cession of legislative jurisdiction embodied in any proposed instrument of cession exceeds the measure of legislative jurisdiction necessary to enable the United States and the Commonwealth of Kentucky to exercise concurrent legislative jurisdiction for purposes of criminal law enforcement over the lands in question, he shall not sign the instrument of cession, and the cession shall not become effective until the General Assembly, at its next session, shall approve same.

History. Enact. Acts 1978, ch. 68, § 3, effective June 17, 1978.

3.265. Limitation of jurisdiction ceded.

  1. The powers conferred by KRS 3.255 to 3.275 are solely to enable the Commonwealth and the United States to exercise concurrent legislative jurisdiction for purposes of criminal law enforcement over United States Department of the Interior National Park System lands in Kentucky. No other legislative jurisdiction is ceded by KRS 3.255 to 3.275 , and there are specifically reserved over any lands as to which any legislative jurisdiction may be ceded pursuant to KRS 3.255 to 3.275:
    1. The entire legislative jurisdiction with respect to taxation of the Commonwealth, and of each state agency, county, urban-county government, city, special district and other political subdivision;
    2. The entire legislative jurisdiction of the Commonwealth with respect to marriage, divorce, annulment, adoption, the commitment or other civil disposition of the mentally incompetent, and the descent and distribution of property; and
    3. The power to execute any process, civil or criminal, issued under the authority of the Commonwealth.
  2. No person residing upon such lands shall be deprived of any civil or political rights by reason of the cession of such legislative jurisdiction to the United States.

History. Enact. Acts 1978, ch. 68, § 4, effective June 17, 1978.

Compiler’s Notes.

This section was amended by § 43 of Acts 1980, ch. 396, which would have taken effect July 1, 1982; however, Acts 1982, ch. 141, § 146, effective July 1, 1982, repealed Acts 1980, ch. 396.

3.270. Relinquishment of legislative jurisdiction by United States — Acceptance — Governor’s duties.

  1. Whenever the United States, in order to enable the Commonwealth and the United States to exercise concurrent legislative jurisdiction for purposes of criminal law enforcement, tenders to the Commonwealth a relinquishment of all or part of the legislative jurisdiction theretofore acquired by it over lands within this Commonwealth for purposes of the establishment or extension of a unit of the National Park System of the United States Department of the Interior, Kentucky accepts the legislative jurisdiction so relinquished.
  2. The acceptance of such relinquishment of jurisdiction shall be indicated by a writing signed by the Governor addressed to the United States Secretary of the Interior, or as the laws of the United States may otherwise provide, and such acceptance shall be effective when said writing is deposited in the United States mails or, if it is not mailed, when it is personally handed to the Secretary of the Interior or his designee.
  3. The Governor shall negotiate with the United States, on behalf of the General Assembly, the administrative details of any relinquishment of jurisdiction by the United States under the provisions of KRS 3.255 to 3.275 . In the event the Governor is of the opinion that the relinquishment of legislative jurisdiction tendered by the United States exceeds that necessary to enable the Commonwealth and the United States to exercise concurrent legislative jurisdiction for purposes of criminal law enforcement over the lands in question, or commits the Commonwealth or any of its political subdivisions to expenses or obligations beyond those necessarily entailed by the exercise of concurrent legislative jurisdiction for purposes of criminal law enforcement over the lands in question, the Governor shall not indicate the acceptance of such relinquishment of jurisdiction, and such acceptance shall not become effective until the General Assembly, at its next session, shall approve same.

History. Enact. Acts 1978, ch. 68, § 5, effective June 17, 1978.

3.275. Consultation with appropriate local authorities.

Whenever an acceptance or cession of legislative jurisdiction is sought by the United States pursuant to the terms of KRS 3.255 to 3.275 , the Governor, prior to negotiating the administrative details of any such acceptance or cession, shall consult with the appropriate local authorities within whose territorial jurisdictions the lands in question lie, including, but not limited to the county judges/executive, the mayors and the sheriffs.

History. Enact. Acts 1978, ch. 68, § 6, effective June 17, 1978.