Request By:
Mr. Frederick G. Neikirk
Pulaski County Attorney
104 W. Columbia Street
Somerset, Kentucky 42501
Opinion
Opinion By: Robert E. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
Under KRS 178.080(1), in connection with a person filing a petition before the fiscal court for the establishment or alteration of a public road, "The court shall thereupon appoint two (2) viewers who, together with the county road engineer, shall view the ground and report in writing the advantages and disadvantages which, in their opinion, will result to the individual and to the public from the proposed work and the grades and bearings of the proposed road, and other facts and circumstances that may enable the fiscal court to determine whether the work ought to be undertaken by the county."
The county judge/executive believes that it is his privilege to appoint the viewers, and the fiscal court accepts or rejects them. Your question is whether the fiscal court or the county judge/executive appoints such viewers.
The general procedure relating to the appointment of county personnel, members of boards, commissions, and designated administrative positions, is covered in KRS 67.710(7) and (8). Under that general procedure the county judge/executive nominates the person or persons for appointment, and the fiscal court can either reject or accept such appointments. However, here is legislation dealing minutely with a specific matter, that is, the matter of establishment or alteration of a public road and the appointment of viewers under KRS 178.080.
It is our opinion that the specific language of KRS 1/8.080 must govern, and thus the viewers must be appointed by the fiscal court, acting as a body, the general procedure of KRS 67.710 not applying.
The word "court" in its setting or context in this statute can only mean "fiscal court". It has been held that as between legislation of a broad and general nature on the one hand, and legislation dealing minutely with a specific matter on the other hand, the specific shall prevail over the general.