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Fiscal Court votes not to accept small portion of Luther Swan Road into county system
Summary
After debate over maintenance history and whether the .22-mile segment had been public or private, Spencer County Fiscal Court voted not to accept the .22-mile portion of Luther Swan Road into the county road system.
Spencer County Fiscal Court considered an ordinance (second reading) to formally adopt Luther Swan Road (0.22 miles) into the county road system on March 15. The road’s status has historical complexity: state and county documents from the 1980s referenced portions of relocated KY-155 and related County Road changes, and some county records and the road foreman indicated the county has maintained parts of the roadway for many years.
Magistrates disagreed about whether the short segment in question had been maintained continuously by the county or effectively functioned as a private access. Several magistrates who inspected the roadway reported brush and grass covering part of the route and questioned whether the county should take on maintenance responsibilities. The judge noted earlier maintenance activities and that the County Road Department had plowed and maintained some of the section over decades.
After discussion, a motion not to accept the .22-mile portion passed by roll-call vote: four magistrates voted in favor of rejecting the adoption, one voted against, and one abstained.
Why it matters: Adoption into the county road system transfers maintenance responsibility to county taxpayers. Elected magistrates scrutinized whether the segment met county standards and whether accepting it would obligate the county to maintain a road that appears to serve a private property with limited public benefit.
What’s next: The court recorded the vote; if property owners or the state bring further documentation the court could revisit the issue under future agenda items.
