Request By:
Honorable Edward C. Keeton, Jr.
Attorney at Law
Commercial Bank Building
West Liberty, Kentucky 41472
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Walter C. Herdman, Assistant Deputy Attorney General
This is in answer to your letter of June 5 in which you as the attorney for the city of West Liberty, a city of the fifth class, raise the following question:
"The question has arisen as to what width legally the city would have control over in regards to existing city streets. "
The city legislative body has complete control over its streets and public ways with the power to widen its streets pursuant to KRS 94.360. This statute, however, was repealed by the 1980 legislature pursuant to Senate Bill 20, thereby leaving no restrictions on the city with respect to widening its streets. Nevertheless, where there is no specific statute prescribing the city's power to widen its streets, it has, under its general powers, the power to do so as pointed out in the case of City of Covington v. Averbeck, 244 Ky. 117, 50 S.W.2d 50 (1932), from which we quote the following:
'Where the statute in no way fixed the width of the street, nor the relative width of the roadway, and the side walk, the necessity for making a change in the width of the side walk is a matter for the determination of the municipal authorities in their discretion under the general power over the streets conferred by statute.'
We also might point out the general rule concerning the width and extension of streets as found in McQuillin, Mun. Corps., Vol. 10, § 30.13, which reads in part as follows:
". . . If not prescribed by law, the determination of the width of streets is an administrative question for the municipal authorities, and not for the court. . . ."
Under the circumstances, the city has the power to widen its streets without restriction other than possible abutting property owners' property rights.