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Plats

Dam and Electric Companies May Make Surveys and Condemn Property

Dam and Electric Companies May Make Surveys and Codemn Property

KRS 413.130

1. Before entering upon any land for survey purposes, the corporation shall deposit with the clerk of the county in which the property is located, a bond to the Commonwealth in a penal sum fixed by the county judge/executive at not more than double the last assessed valuation of the property to be surveyed or examined, conditioned to indemnify all persons for actual damages sustained on account of making any examination or survey.

Filing of Bond: Clerk $14.00 KRS 64.012

2. When the location of the dam or other structure, and the land that may be overflowed by the erection of the dam, is determined, the corporation shall cause a survey and map to be made of the land to be taken and entered upon, which map shall be signed by the president and secretary and filed in the office of the county clerk of the county in which the land shown on the map is situated.

Survey Filing fees: $13.00, (Clerk, $6.00; AHTF $6.00 KRS 64.012; postage $1.00 KRS 382.240) Exceeding 3 pages, $3.00 per page KRS 64.012

Map/Plat (counties without planning commission) Filing fee: $20.00 ($20.00 clerk fee)

Map/Plat (counties with planning commission) document must have planning commission approval

Filing fee: $20.00 ($20.00 clerk fee)
Additional expenses can be charged if a planning commission is involved. For example: an expense fee for having the mylar reproduced as a blue line by the county engineer. Fayette County has a $10.50 expense fee - the total filing fee for a plat in Fayette County is $30.50.)

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Plats - Condominium (Floor Plans)

Simultaneously with the recording of the Master Deed (Lease) there shall be filed in the office of the county clerk a set of the floor plans of the building or buildings. KRS 381.835. A condominium plat must have prior approval from the planning commission to be recordable in Fayette County.

Condo Plats (Floor Plans) require:

The layout, location, unit numbers and dimensions of the units,
The name of the property or that it has no name,
Certification from a registered architect or professional engineer that the plans fully and accurately depict the layout, location, unit numbers and dimensions of the units as built.
If the plans do not include a verified statement by such architect or engineer that such plans fully and accurately depict the layout, location, unit numbers and dimensions of the units as built, there shall be recorded prior to the first conveyance of any unit an amendment to the declaration to which shall be attached a verified statement of a registered architect or professional engineer so certifying as to the plans theretofore filed, or being filed simultaneously with such amendment.

Recording/Indexing Requirements:

The plans shall be kept by the recording officer in a separate file for each property,
Indexed in the same manner as a conveyance entitled to record,
Numbered serially in the order of receipt,
Designated "condominium ownership"
The name of the property, if any,
Reference to the recording of the declaration.

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Condominium plats (floor plans) are not required to go through the planning commission.

However additional expense fees may be charged as similar to the plats if the planning commission requires consistency for the preparation of a blue line.

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Plats - with planning commission

KRS 100.283

The County Clerk shall record plats after approval by the planning commission.
The document must have the following:

The plat must have the approval of the planning commission and the commission's certification signed and dated. (KRS 100.277)
The plat requires the surveyor's certification, signed and dated and his seal. (KRS 322.400)
The plat cannot exceed 24 inches x 36 inches in size (KRS 100.283).

The statutes do not give additional specific requirements for plats, however the fact that a survey or plat describes the land, it is presumed that the survey or plat must have

The owner's signature
Source of title

Planning commissions can provide additional regulations governing recording requirements, such as:

The size of the document may be smaller than the statute indicates.

Indexing information: Plats are indexed under their name in the plat index the clerk must provide, per KRS 100.283. Plats are placed in either plat books or cabinets in most cases. The first party is the owner. The second party is the plat name.

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Condominium plats may be required to go through the planning commission.

Revocation of subdivision plat

Per KRS 100.285 the statutes allow for the revocation of a subdivision plat if there is a planning commission:
The requirements are as follows:

All persons owning land comprising a subdivision must apply to the planning commission, including all dedications of public facilities, easements and rights-of-way.
Before any plat shall be revoked, all owners shall, as part of their application for revocation, state under oath that no person has purchased a lot shown on the plat.

A revocation shall become effective only upon:

A notation on the margin of the recorded plat stating that such plat has been revoked and the date of such vote of revocation; such notation shall be signed by the chairman, secretary, or other duly authorized officer of the commission; and
A written approval of such revocation filed with the commission, duly signed by each entity to which an offer of dedication of any public or private facility, easement or right-of-way was made on the plat.

In today's environment notations on margins cannot be used if the medium for storage is digital or microfilmed. In these cases the county clerk must provide a method for linking the revocation plat with the original plat.

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Plats - without planning commission

A deed and a plat are two legal instruments that relate to each other. Therefore, it can be argued that many of the requirements for a deed are also requirements for a plat. Refer to OAG 83-237 "... A deed is a present grant of an interest in real estate. 26 C.J.S., Deeds, § 1, pp. 581-582. The court said in Terrill v. Kentucky Block Cannel Coal Co., 290 KY. 35, 160 S.W.2d 326 (1942), that if the effect of an instrument, regardless of what it is called, is to sever the estate and to vest title to a certain part of it in another, it is a deed. A deed to be valid must pass some present interest vesting in the grantee upon delivery thereof. Spicer v. Spicer, 314 KY. 560, 236 S.W.2d 474 (1951). Of course, a deed, to be valid, must contain a description of the property to be conveyed. The test as to sufficiency of description in a deed is whether the land can actually be located therefrom. Casteel v. Pennington, 228 KY. 206, 14 S.W.2d 753 (1929).

The statutes provide the following document requirements for a plat:

The plat cannot exceed 24 inches x 36 inches in size (KRS 100.283)
The plat requires the surveyor's certification, signed and dated and his seal. (KRS 322.400)

The statures do not give additional specific requirements for plats, however the fact that a survey or plat describes the land, it is presumed that the survey or plat must have:

The owner's signed certification; signature must be notarized
Source of title

The purpose of a plat or survey is to provide a map of the property. Land Survey is defined in KRS 322.010. Part of the definition includes:

a. Determination or establishment of the facts of size, shape, topography, and acreage;
c. Subdivision, division and consolidation of lands;
f. Preparation of physical written description for use in legal instruments of conveyance or real property and property rights:
g. Preparation of subdivision record plats

Indexing information: Plats are indexed under their name. Plats are placed in either plat books or cabinets in most cases. The first party is the owner. The second party is the plat name.

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