Kentucky Revised Statutes, Chapter 415 — Repeal or Vacation of Charters -- Usurpation

Title XXXVI — Statutory Actions and Limitations

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-09-01.

Title XXXVI Statutory Actions and Limitations

Chapter 415 Repeal or Vacation of Charters -- Usurpation

415.010 Style of action to repeal charter -- Prosecution.

The action to repeal or vacate a charter shall be in the name of the Commonwealth, and be brought and prosecuted by the Attorney General, or under his sanction and direction by an attorney for the Commonwealth.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 481.

415.020 Order of Legislature needed to repeal or vacate certain charters.

Actions to repeal or vacate the charters of municipal corporations; banks, railroad, turnpike road and internal improvement companies, shall only be instituted by order of the Legislature, unless otherwise expressly provided.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 482.

415.030 Action to prevent usurpation of office or franchise.

If a person usurp an office or franchise, the person entitled thereto, or the Commonwealth, may prevent the usurpation by an ordinary action.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 483.

415.040 Duties of Commonwealth's attorneys.

It shall be the duty of the several Commonwealth attorneys to institute the actions mentioned in this chapter against usurpers of county offices or franchises, if no other person be entitled thereto, or if the person entitled fail to institute the same during three

(3) months after the usurpation.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 484.

415.050 Duties of the Attorney General.

For usurpation of other than county offices or franchises, the action by the Commonwealth shall be instituted and prosecuted by the Attorney General.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 485.

415.060 Proceedings for usurpation against person holding office.

A person who continues to exercise an office after having committed an act, or omitted to do an act, the commission or omission of which, by law, creates a forfeiture of his office, may be proceeded against for usurpation thereof.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 486.

415.070 Judgment against usurper -- Enforcement.

A person adjudged to have usurped an office or franchise shall be deprived thereof by the judgment of the court, and the person adjudged entitled thereto shall be placed in possession thereof; but no one shall be adjudged entitled thereto, unless the action be instituted by him. And the court shall have power to enforce its judgment by causing the books and papers, and all other things pertaining to the office or franchise, to be surrendered by the usurper; and by preventing him from further exercising or using the same; and may enforce its orders by fine and imprisonment until obeyed.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 487.

415.080 Recovery of fees and emoluments from usurper.

If the usurper has received fees and emoluments arising from the office or franchise, he shall be liable therefor to the person entitled thereto, who may claim the same in the action brought to deprive him of the office or franchise; or in a separate action. If no one is entitled to them, they may be recovered by the Commonwealth, and shall be paid into the public Treasury.

Effective: July 1, 1953

History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 488.