Bayes, 090619 KYAGO, AGO OAG 19-16

• Case Date: September 06, 2019
• Court: Kentucky

Brian Bayes Carter County Attorney AGO OAG 19-16 No. OAG 19-016 Kentucky Attorney General Opinion Commonwealth of Kentucky Office of the Attorney General September 6, 2019          Subject: Whether a county judge-executive must appoint processioners upon the application of landowner pursuant to KRS 73.180.          Requested by: Brian Bayes Carter County Attorney          Written by: Marc G. Farris Assistant Attorney General          Syllabus: A county judge-executive is not required to appoint processioners because the statutory provisions concerning processioners have been repealed by implication.          Statutes construed: KRS 73.180; KRS 73.190; KRS 73.210, KRS 73.250; KRS 322.400          OAGs cited: OAG 94-24           OPINION OF THE ATTORNEY GENERAL          The Carter County Attorney has requested an opinion from this Office concerning KRS 73.180-73.250, which provide for the appointment and duties of processioners, persons "appointed ... to determine the correct boundary" of land.1 Specifically, he asks whether the county is required to appoint processioners upon the request of a landowner. For the reasons set forth below, we believe that the statutory provisions concerning processioners have been superseded by later-enacted statutes concerning the recording of deeds and licensing requirements for professional land surveyors. Accordingly, the county is not required to appoint processioners.          KRS 73.180 provides that a "county judge/executive shall appoint three (3) competent persons in the county to serve as processioners for a term of four (4) years." Processioners "shall, on the application of any person producing his title papers, go around his land, or the part he may desire, and re-mark it, taking care that the new marks are on the old lines. When they find any corner tree, post or stone removed, defaced or rotted down, the processioners shall mark a new corner tree, or place a stone or post, properly marked, where the old corner stood. The processioners shall report to the county judge/executive the land they have processioned, the lands it adjoins, and what...