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UNOFFICIAL COPY 26 RS BR 958
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XXXX 11/20/2025 9:59 AM Jacketed
AN ACT relating to vacant and abandoned property. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 61 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, "law enforcement officer" means a member of a lawfully 5
organized police unit or police force of city, county, urban -county government, 6
consolidated local government, or charter county government who is responsible 7
for the detection of crime and the enforcement of the general criminal laws of the 8
Commonwealth, as well as a sheriff and a sworn deputy sheriff. 9
(2) A law enforcement officer may, with out delay or advance notice, enter in or upon 10
vacant and abandoned property to secure the property and arrest or remove any 11
person unlawfully occupying the property. 12
(3) Real property shall be presumed vacant and abandoned under this section if a 13
legal res ident or other person legally entitled to occupy the property has not 14
resided at the property for a period of forty-five (45) or more consecutive days and 15
two (2) or more of the following or similar circumstances which would lead a 16
reasonable person to believe that the property is vacant exist: 17
(a) Overgrown or dead vegetation; 18
(b) Accumulation of flyers, mail, or trash; 19
(c) Disconnected utilities; 20
(d) The absence of window coverings or furniture; 21
(e) Uncorrected hazardous conditions or vandalism; or 22
(f) Statements of neighbors, delivery persons, or government employees that 23
the property is vacant. 24
(4) A law enforcement officer acting in good faith under this section shall be 25
immune from criminal and civil liability. 26