What Is Casey’S Law?

What Is Casey
Within the United States, a law is specifically for helping individuals with Addiction Use Disorder (AUD). It is known as Casey’s Law. This law was created after Casey Wethington’s death from a heroin overdose in 2002. The law started in Kentucky in 2004 and has now expanded to Ohio.

How does Casey’s Law work in KY?

Casey’s Law — Pulaski County Attorney’s Office Who is Casey? Casey Wethington died at 23 years old from a heroin overdose. Casey suffered from a disease that does not have to be fatal. What is Casey’s Law? Casey’s Law provides a means of intervening with someone who is unable to recognize his or her need for treatment due to their impairment.

This law will allow parents, relatives, and/or friends to petition the court for treatment on behalf of the person who has a substance use disorder. This law provides for involuntary treatment. Below are two informational videos that may assist you in better understanding the law itself and the process.

What are the criteria for involuntary treatment? For the Court to order involuntary treatment, it must find that the person:

  1. The respondent suffers from alcohol or drug abuse;
  2. The respondent presents an imminent threat of danger to self, family or others as a result of alcohol or drug abuse, or there exists a substantial likelihood of such a threat of danger in the near future; and
  3. The respondent can reasonably benefit from treatment. (KRS 222.431).

Does Involuntary Treatment Work? Studies show that involuntary treatment can be just as successful as voluntary treatment. Most individuals who are substance abuse impaired receive Court-ordered treatment only after they have become arrested for a crime while under the influence of the substance.

Drugs and crime often go hand in hand because people who are substance abuse impaired are forced by their disease to resort to any means necessary to procure their drug. Court-ordered treatment can be effective regardless of who initiates it. Do the People With Substance Abuse Disorders Have to Want Help? Denial and distorted thinking impedes their ability to make a rational decision.

The “bottom” for many is death. Addiction is a progressive, life-threatening disease. The best hope of survival for a person who is substance abuse impaired is intervention.

  • Why Not Wait for Court Intervention?
  • Not all people who have a substance use disorder are arrested or, in the event that they are, may not receive the necessary treatment.
  • Addiction is a Disease so why is it not treated like one?

Drug addiction is seen as a character flaw when in fact, addiction is a brain disease. Just like cancer, the disease of addiction has an array of treatments. One treatment does not fit every individual. Relapse or reoccurrence of the disease is possible just as it is with cancer.

  1. What Does Casey’s Law Provide?
  2. This law provides hope to family and friends of someone who is suffering from the disease of addiction.
  3. Steps in the Process
  • A petition is filed with the district court clerk by a spouse, relative, friend, or guardian of the substance abuse impaired person.
  • The court reviews the allegations in the petition and examines the petitioner under oath.
  • The court determines whether there is a probable cause to order treatment for the respondent.
  • If probable cause is established, the court orders the respondent to be evaluated, and a hearing is set within fourteen (14) days.
  • The respondent is notified of the date and purpose of the hearing.
  • The respondent is evaluated by two (2) qualified health professionals, at least one (1) of whom is a physician.

If the court finds the respondent should undergo treatment, the court shall order treatment from sixty (60) days or up to three hundred sixty (360) days, dependent upon the request in the petition and the result of the hearing. How long will the process take? The Respondent will not be put into treatment immediately.

Once the Petition is filed, the Court must first hold a hearing with the Petitioner. That hearing will usually be scheduled within one or two days of filing. After the first hearing, the Respondent must then be evaluated by a physician and a Qualified Mental Health Professional who will submit reports to the Court.

After those reports are received, a second hearing will be held within 14 days of the first. Only after the Court has the second hearing can treatment be ordered. Therefore, the process usually takes about two weeks to complete.

  • What Happens If the Respondent Fails to Comply at Anytime During the Process?
  • Failure to comply may place the respondent in contempt of court.
  • Who Pays For the Treatment?

The petitioner is obligated to pay all costs incurred in the process, including treatment. HOWEVER, there are many free or low-cost inpatient treatment centers in Kentucky, and several grassroots organizations can help you navigate treatment options. Who makes the Doctor Appointments? The Petitioner must make the appointments with the doctor.

You must have the appointments made before the petition can be filed. What forms does the doctor fill out? The doctor and Qualified Health Professional will fill out reports sent to them, You can take these reports with you to the appointment or they can be sent by the court. The reports must get into the Court’s file.

How do the forms get into the Court’s file? The reports from the health providers need to get into the Court’s file. The health provider can send them directly to the Court or return them to the County Attorney’s Office who will file them with the Court.

What if the Respondent will not go to the appointments? If you have tried to get the Respondent to go to the appointments and he or she will not voluntarily go, contact the County Attorney’s Office. A summons will be issued to require the Respondent to go to the appointments. If the Respondent still does not go, the Court will order the sheriff or other law enforcement to transport the Respondent.

The Petitioner is responsible for the costs of transport. Why won’t the police just pick them up and take them to treatment? The law does not permit the police to take a drug abuser into custody. In fact, Casey’s Law prohibits putting drug abusers in jail simply for their abuse.

What if the Petitioner changes their mind about payment? The petitioner cannot change their mind or stop payment. Once the process is started, it cannot be stopped without a Court Order. If the Petitioner fails to follow through on their obligations, they can be exposed to a lawsuit for payment of costs or other court proceedings, potentially including contempt of court, which could lead to jail time.

Where Can I Find a Copy of Casey’s Law? The law can be accessed in it’s entirety at www.lc.state.ky.us. Click on the “Legislative Resources” link and choose KRS 222.430 to 222.437.

  1. How Can I Obtain a Copy of the Petition?
  2. A copy of the petition can be obtained at the circuit clerk’s office by requesting,
  3. 5 Steps to Break the Cycle of Addiction

1. File a petition (700A) for the judge to review. Petition is filed with the circuit court clerk by a loved one of the substance impaired person.2. Arrange for the health evaluations (voluntary or court ordered if necessary). The court reviews the claim in the petition and examines the petitioner under oath.3.

  • Locate a treatment facility prior to attending a hearing.
  • The court determines whether there is probable cause to order treatment for the person named in the petition.4.
  • Judge orders treatment.
  • If the court finds that the person named in the petition should undergo treatment, the court shall order treatment from 60 days or up to 360 days, dependent on the request in the petition and the result of the hearing.5.

The cycle of addiction is broken. If you have any questions, please contact our office at 606-679-4449. : Casey’s Law — Pulaski County Attorney’s Office

Is there a Casey’s Law in Indiana?

Casey’s Law allows for involuntary treatment, meaning that someone can have their drug addicted loved one evaluated for and admitted into drug treatment even if that person is an adult and is unwilling to get help. Mathew Casey Wethington’s life and death is the inspiration for this law that allows parents, relatives and/or friends to intervene on the substance use disorder of a loved one, regardless of age and without criminal charges.

Casey’s Story At the tragically young age of 23, Mathew Casey Wethington slipped into a heroin-induced coma and later died on August 19, 2002 of what is considered to be a heroin overdose. His family wanted more than anything to give him the right to live a life in recovery. Because he was over the age of 18 and unwilling to seek help voluntarily, his family’s hands were tied – they could not force him to go into treatment,

History of the Act Casey’s Law is the broader name for The Matthew Casey Wethington Act for Substance Abuse Intervention and became a law on April 9, 2004 and went into effect in the state of Kentucky on July 13, 2004. It is now a means of intervention in Indiana and Ohio, as well.

  1. Premise for Casey’s Law Early drug use can basically arrest someone’s emotional development at the age of first use.
  2. Because Casey began using drugs around 14 or 15 years old, he had the emotionality and rationality of a 14 year old even as he became a young adult.
  3. The premise for allowing the intervention of loved ones on the behalf of someone who is addicted to drugs lies within this understanding: someone reacting emotionally as an adolescent (when most addicts’ drug use begins) and who is suffering from an ultimately fatal disease cannot respond in a normal, healthy way and choose to get treatment.

Before Casey’s Law, parental intervention was denied by law and even discouraged, at times. The act provides a means of intervening with someone who is unable to recognize their own need for treatment due to their impairment from drugs. This law will allow parents, relatives and/or friends to petition the court for treatment on behalf of the substance abuse-impaired person.

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Get a copy of the petition from the District Court clerk’s office or access it online. You, as the loved one of the drug addicted person, will fill out the petition on their behalf and file it with the District Court clerk. The court will review your claims made in the petition and will question you under oath. The court will determine if there is probable cause to require treatment for your loved one. If there is probable cause, a judge will appoint an attorney to represent your loved one, require your loved one to be evaluated, and schedule a hearing within 14 days. Your loved one will be notified of the date and purpose of the hearing. Your loved one is evaluated by two qualified health professionals, one being a physician, to determine if your loved one could benefit from treatment.

If the judge finds that your loved one needs addiction treatment, the court will order treatment for anywhere between 60 days and 360 days, and can range from detoxification to intensive treatment through recovery. Depending upon your request in the petition and the result of the evaluation, treatment options will vary.

How Casey’s Law is Helping Every year from 2004 through 2008, there were fewer than 10 petitions filed in the Kentucky counties of Boone, Campbell, and Kenton. According to the Kentucky Administrative Office of the Courts, these three counties had an increase in cases of a total of 20 in 2009 and in 2010.

The number of petitions shot up to 66 in 2011 and 71 in 2012. There has also been a coinciding heroin epidemic to account for the upshot in petitions filed. For more information on how to use Casey’s Law to help your addicted loved one, please give us a call at 800-951-6135.

Is Casey’s Law in California?

Casey’s Law ( CA Assembly Bill 216 ) is named after Casey Godwin, a 20-year old student who was killed by an underage drunk driver.

Can I straight pipe my car in Kentucky?

Kentucky Statutes 189.140 – Mufflers — Noise regulation > > § 189.140 Current as of: 2022 | | (1) Every motor vehicle with an internal-combustion, steam or air motor shall be equipped with a suitable and efficient muffler. No person while on a highway shall operate a motor vehicle with the muffler cut out or removed. No cutout shall be so arranged or connected as to permit its operation or control by the driver of any motor vehicle while in position for driving.(2) No person shall modify the exhaust system of a motor vehicle or an off highway vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle. The original muffler shall comply with all of the noise requirements of and regulations promulgated pursuant thereto. No person shall operate a motor vehicle with an exhaust system so modified.

Does Ky have the stand your ground law?

Kentucky Law – Kentucky has enacted a stand your ground law which removes the duty to retreat before using deadly force.2 Kentucky law also makes it harder to properly investigate these cases by limiting law enforcement’s ability to arrest someone who claims to have acted in self defense.3 Our experts can speak to the full spectrum of gun violence prevention issues. What Is Casey

American Bar Association, “National Task Force on Stand Your Ground Laws: Report and Recommendations,” (September 2015): 1. Ky. Rev. Stat. Ann. §§ 503.050(4); 503.055(3), 503.070(3); 503.080(3). Ky. Rev. Stat. Ann. § 503.085(2).

Can you shoot someone trespassing on your property in Indiana?

Misconceptions About Self-Defense – Indiana’s states that a person is justified in using deadly force and does not have a duty to retreat if they reasonably believe that force is necessary to prevent or terminate another’s unlawful entry of their dwelling, curtilage, or occupied motor vehicle,

Things get a little fuzzy, though, when we’re talking about trespassers who aren’t breaking into anything. If there’s a kid cutting through your yard on their way to the playground, you’re probably not justified in pulling a gun on them. Make it angry adult and give them a weapon, and now it looks more like a situation where force might be justified.

Remember, though: If someone’s trespassing on your property and refuses to leave, going for your gun isn’t always your best option. Pointing a firearm at a nonviolent, nonthreatening trespasser might put you in legal jeopardy, and it also might escalate the situation into something deadly.

How do you involuntarily commit someone in Indiana?

A person can be held for 24 hours if a law enforcement officer has reasonable grounds to believe that the person is: Mentally ill, Dangerous to self or others or gravely disabled, and In immediate need of hospitalization and treatment.

Is there a law in Indiana where you can’t shower?

July 08, 2017 • Bathtub • Bathtub Laws • Clawfoot • Crazy Ever think you could be breaking a law by keeping a donkey in your bathtub? Check out these crazy bathtub laws. What Is Casey GEORGIA: In the state of Georgia, it is illegal to keep donkeys in bathtubs. ARIZONA: However, in Arizona it’s okay to let your donkey stand in the tub, but they cannot sleep in the bathtub. MASSACHUSETTS: It is against the law in the Bay State to go to bed without taking a bath first.

ARKANSAS: It is illegal to place alligators in bathtubs. CALIFORNIA: In the city of Los Angeles, bathing two babies in the same tub at the same time will earn the bather a fine. It is also illegal to eat an orange in your bath tub in California. INDIANA: In the Hoosier State, it is illegal to take a bath from October to March.

PENNSYLVANIA: Watch out shower singers, no arias in these bathtubs. You may not sing in the bathtub in the state of Pennsylvania. VERMONT: In the city of Barre, residents must bathe on Saturday nights. SOUTH CAROLINA: Horses may not be held in bathtubs.

Any silly laws you would like to share? How do you think these laws came about? Please comment below! Sources: Image http://3.bp.blogspot.com/_nL0agH02SN4/Stq0xnwIz7I/AAAAAAAAASM/EfrLrUoAX3Q/s400/091026+donkey+tub.jpg Dumb State Laws and City Laws in America.” 2006. USAttorneyLegalServices.com,6 July 2010,

“List of Stupid Laws of America & Around the World.” 2006. USAttorneyLegalServices.com,6 July 2010 ← Older Post Newer Post →

What happens if you get caught with coke in California?

The Penalties for Possession of Cocaine under California Law – California Health and Safety Code 11350 HS prohibits the possession of controlled substances such as cocaine. Violating this statute is a felony involving a prison sentence between 16 months and 3 years along with a possible fine of up to $20,000.

If the authorities have evidence that you intended to sell or distribute the cocaine, you may face charges under California Health and Safety Code 11351 HS, which provides a punishment of 2 to 4 years in prison and a maximum fine of $20,000. For cocaine base, the prison sentence may increase to 5 years.

And when the amount of cocaine exceeds one kilogram, a judge can add 3 to 25 years to your sentence and the fines can reach up to $8,000,000. For cases involving the sale of cocaine, charges will be brought under Health and Safety Code 11352 HS, which prohibits the transport and sale of cocaine.

Can you refuse a drug test in California?

Can Employees be Forced to Take Drug Tests in California? – Federal, state, and private employers are legally allowed to subject potential or current employees to a drug test. Some local ordinances state that employers cannot force individuals to undergo a drug test.

However, that is not a statewide law. Check your local government’s website for where you work if you are unsure whether your workplace can require you to undergo a drug test. In general, any employer can force potential or current employees to undergo a drug test. As previously outlined, they may be subject to pre-employment and random testing.

Employers need to balance the drug test requirements with privacy rights, In some instances, courts have ruled that an employee overstepped their boundaries and violated an individual’s right to privacy. Employers need to ensure their requirements are reasonable and not overly invasive.

What is Bacon law in California?

Political Cartoons – What Is Casey The California Grocers Association, which sued along with other business groups, said Tuesday it was pleased by the decision. “The court’s decision to ensure regulations are finalized before the enforcement provisions of Proposition 12 take effect was the correct one,” the association said in a statement.

“California restaurants and families are already struggling with rising food costs and the haphazard implementation of Proposition 12 without any clear rules or certification process in place would have only made it worse.” The California Department of Food and Agriculture said Tuesday it and the attorney general’s office were evaluating the decision.

“It should be noted that the judge’s ruling is a narrow one that applies only to retailers, including grocers, and not to pork producers providing pork products to California,” the department said in a statement. Pork producers and suppliers remain subject to enforcement if they violate square-footage requirements that went into effect on Jan.1, the department said.

Rebecca Cary, senior staff attorney at the the Humane Society of the United States, which supported Proposition 12, decried business groups seeking to overturn or delay a law that prevents cruelty to animals. “This order means that pork producers who were hoping to continue to confine mother pigs in cages so small they’re unable even to turn and then sell meat from those animals in California have lost yet again,” Cary said in a statement Tuesday.

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The law requires that breeding pigs, egg-laying chickens and veal calves be given enough space to stand and turn around. For pigs, that means they no longer can be kept in narrow “gestation crates” and must have 24 square feet (2.23 square meters) of usable space.

Producers of eggs and veal appear able to meet the new law, but hog farmers argued the changes would be too expensive and couldn’t be carried out until the state approved final regulations for the new standards. An estimate last year from North Carolina State University found the new standard would cost about 15% more per animal for a farm with 1,000 breeding pigs.

Since voters approved Proposition 12 by a 2-to-1 ratio in November 2018, state officials missed deadlines for releasing specific regulations covering the humane treatment of animals that provide meat for the California market. While groups worked to delay the measure, the state eased the transition to the new system.

It allowed pork processed under the old rules and held in cold storage to be sold in California in 2022, which could prevent shortages for weeks or even months. California is the nation’s largest market for pork, and producers in major hog states like Iowa provide more than 80% of the roughly 255 million pounds (115 million kilograms) that California’s restaurants and groceries use each month, according to Rabobank, a global food and agriculture financial services company.

Joining the California Grocers Association in the lawsuit were the California Restaurant Association, California Hispanic Chambers of Commerce, California Retailers Association and Kruse & Sons, a meat processor. _ Associated Press journalists Robert Jablon in Los Angeles and Scott McFetridge in Des Moines, Iowa, contributed to this report.

What car mods are illegal in Kentucky?

Engine – Kentucky does not require emissions testing and currently has no laws concerning engine modifications or swaps.

Is a muffler delete illegal in Kentucky?

189.140 Mufflers – Noise regulation. No person while on a highway shall operate a motor vehicle with the muffler cut out or removed. No cutout shall be so arranged or connected as to permit its operation or control by the driver of any motor vehicle while in position for driving.

Is a catalytic converter delete illegal in Kentucky?

Is it illegal to not have a catalytic converter in Kentucky? – Yes. Under federal law, catalytic converters may not be removed,

Do you have to give police your name in Kentucky?

If you are stopped on the street –

Do not ignore, walk away from, or make sudden moves around law enforcement officers even in instances where you feel they may be mistaken. Do not argue with the officer about the stated reason for approaching you. Follow officer instructions. You are not legally required to provide identification and answer questions, but failure to do so may cause the officer to become more suspicious of your activity and prolong the stop. Do not touch an officer. You may be asked to take your hands out of your pockets. This is for safety reasons. If you are carrying a firearm, inform the officer immediately and follow instructions. If an officer has a “reasonable suspicion” that you may be carrying a weapon, you may be subjected to a “pat-down” search. Inform him/her of any weapons or sharp objects they may encounter, but don’t reach for them. Remember, you are not required to give testimony against yourself. You have Fifth Amendment rights.

Do I own the creek on my property in KY?

In Kentucky, like most other states, courts have held that while landowners may own to the middle (‘the thread’) of a particular stream or title to adjacent lake shores, those riparian rights are subordinate to the public’s right to the use of navigable waters.

Can you put a fence on the property line in KY?

Can I put a fence on my side of the property line? – Yes! Fences in Kentucky may be between three to eight inches from the boundary line. Be sure to discuss the fence with your neighbor before you start building to avoid issues down the road.

Can I shoot a burglar in my house Indiana?

by James W. McNew May, 2012 The short answer is “Yes”, as Indiana is one of about thirty-one states that has legislation addressing this issue. Historically, laws of property protection were known as “Castle” laws, coming from the English common-law wherein every person’s home is his or her “Castle”.

Under English common law, an individual has a right to protect his or her property from harm from another person. The “Stand Your Ground” laws have expanded the “Castle” doctrine to include persons as well as property. The Trayvon Martin case has renewed focus and interest in the “Stand Your Ground” laws.

It has long been recognized that every person has a right to self defense and all states in one form or another recognize this basic principle. Most self defense statutes contain an obligation on the part of the person being threatened to retreat if that is reasonable.

However, in the states that have incorporated the “Stand Your Ground” laws, it appears that the requirement to retreat if practical may no longer exist. Some argue that a “Stand Your Ground” defense is a complete bar to prosecution. Indiana’s “Stand Your Ground” law provides, in part, that ” person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.” However, a person “is justified in using deadly force”, and does not have “a duty to retreat”, if the person “reasonably believes” that deadly force is “necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony.” This law makes it clear that “o person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.” The words “reasonably believes” and “reasonable” means that every case of self-defense is going to be fact sensitive, and many times only one person is left to give an account of the events that purportedly occurred.

The statutes also contain several exceptions, which muddies the water even more. However, the current Indiana “Stand Your Ground” law, when applicable, appears to make taking another’s life legal even if you do not believe you are under the threat of death from the other person.

  1. This is why there is so much controversy about the Trayvon Martin case and the “Stand Your Ground” law in Florida.
  2. Ultimately if charges are filed in a case it is up to the “fact finders” – the judge or the jury – to decide what really happened and how the law applies to these facts.
  3. The “Stand Your Ground” law was recently applicable in Indianapolis, when the manager of a Kroger grocery store shot and killed an armed robber.

The prosecutor decided that no charges would be filed. However, many questioned whether the manager acted appropriately in killing the would-be thief as the question was raised as to whether or not the manager actually felt threatened for his life. These are not easy questions nor are there any easy answers.

As seen in the Trayvon Martin case and many others that are now coming to light, there is a belief that these “Stand Your Ground” laws are nothing more than a license to kill. On the opposite end of the spectrum are those that argue that every person when threatened has a right to protect themselves in whatever manner they deem appropriate.

These two positions cannot be reconciled easily and those that have these views are not likely to change them regardless of what the law says they may or may not do. It would seem prudent and healthy for the national dialogue now taking place be allowed to play itself out.

Our legislative leaders should carefully listen to arguments on both sides of this issue and then enact a law or set of laws that would give more guidance to citizens about what self-protection measures can and can’t be taken in any given circumstance. The debate currently taking place should be an informed discussion and not just an emotionally reactive expression of opinions in support of a particular position.

Only then will a consensus be possible that strikes a balanced approach to the issue of protecting one’s self from danger. This debate will not be resolved soon, and I fully expect to see some states that currently have “Stand Your Ground” laws repeal them, and conversely some states that do not have such laws will elect to enact them – which at the end of the day will leave us with no consistent answers to this vexing problem.

Can you land lock someone in Indiana?

What Is Casey The term “land locked” refers to a parcel of real estate that has no direct access to a public road or highway due to being surrounded by parcels owned by other landowners. This situation is not common but does occur within the State of Indiana as well as all other states within the Union.

Since the laws regarding property are specific to each state, this brief article will focus on the solutions to such problems under Indiana law. In a perfect world every conveyance of land would result in a parcel to a new owner with access to a public road. However, that most generally occurs when the conveyance is intentional, voluntary, and accommodating to the necessity for ingress and egress.

When a parcel is conveyed by other means, such as a tax sale deed, sheriff’s deed, or executor’s deed, access to public roads may not be assured. Imagine owning a parcel of land that you cannot walk to or drive to. The only way to get to or from the land-locked parcel is by air.

  • Such a limitation would render the property virtually useless to most people.
  • Fortunately, Indiana law does have a solution in many cases.
  • The owner of a land-locked property should contact the owners of the neighboring properties and attempt to negotiate an easement over their land that will allow access to the land-locked property.
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This might be handled directly, or with the aid of a real estate agent or real estate attorney. A formal document drawn up describing an easement in terms of scope of use, location and dimensions can be negotiated to accomplish this. The party seeking an easement over the neighbor’s land generally pays for that right, just as if they were buying a parcel of real estate.

If successful, the easement would be recorded in the county recorder’s office and referenced in all future deeds thereby giving notice to the world that a right of one landowner to cross the other landowners property in a designated spot is now permanent and will be conveyed to subsequent owners of both properties.

Neighboring landowners are not always willing to agree to such an arrangement, which almost always necessitates a lawsuit seeking the help of a Judge. Indiana law has given land-locked property owners the assistance they need for access to public roads by either declaring the existence of a public highway or an implied easement over the lands of a neighboring landowner. Indiana courts have given a broad definition to the term “public highway” in limited circumstances. Where evidence is produced to demonstrate a path of common travel has been used for a period of twenty years prior to 1988 (when Indiana codified a more restrictive definition of public highway) Indiana courts have declared such a path to be a public highway.

  1. So, the use of the path must be shown to have been in use by 1968 or earlier.
  2. This use has few if any restrictions.
  3. Evidence of this use need not show any number of users.
  4. It need not show the frequency of the travel or its particular use.
  5. It need not be defined by structures or gravel, pavement or any other material.

It also does not matter that the path terminates on the land-locked property or that the only people who used it were the people who either lived on the land-locked parcel or their guests. This remedy will be more difficult to prove as the years roll on, because much of the evidence necessary to demonstrate this use will die off with the people who would have personal knowledge of it.

More frequently, owners of land locked parcels seek to establish an implied easement, either by necessity or prior use. An easement by necessity can only be granted where the land-locked landowner can show that his or her access to a public road was cut off by a severance of a servant parcel. There must be evidence of “unity of title” showing the severed parcel was owned by the same owner immediately prior to severance.

There can be no gap in that ownership. A parcel is servant to another parcel where it must permit the other landowner to cross its property. The servant property must bow to the dominant parcel to allow for such ingress and egress. A similar remedy to the land-locked property owner is accomplished by establishing an easement by prior use.

However, proof of the prior use relieves the plaintiff of the need to prove absolute necessity in the need to access a public road. A recent appeal by an Indiana court described the difference between easement by necessity and prior use as “An easement of necessity will be implied only when there has been a severance of the unity of ownership of a tract of land in such a way as to leave one part without any access to a public road.

On the other hand, an easement of prior use will be implied where, during the unity of title, an owner imposes an apparently permanent and obvious servitude on one part of the land in favor of another part and the servitude is in use when the parts are severed,

If the servitude is reasonably necessary for the fair enjoyment of the part benefited. Unlike a landowner requesting an easement by necessity, a landowner requesting an easement by prior use does not need to show absolute necessity. The focus of a claim for an easement by prior use is the intention for continuous use, while the focus of a claim for an easement by necessity is the fact of absolute necessity.” Collins v.

Metro Real Estate Services LLC, 72 N.E.3d 1007, (Ind.App.2017). If you have land-locked property and unsympathetic neighbors, you are going to need to hire a real estate attorney and seek the court’s assistance in securing a court ordered access.

Is Indiana a stand your ground state?

Under Indiana law, you may also use deadly force to prevent the commission of a forcible felony – one that involves the use of physical force or violence against any individual resulting in great bodily harm or permanent disability. These laws are sometimes known as Stand Your Ground Laws or the Castle Doctrine.

Does Ky have the buyers remorse law?

There is NO statutory right to cancel the sale, even if done immediately. Likewise, there is NO used car lemon law. You can file a complaint with this office and with the Kentucky Motor Vehicle Commission in Frankfort.

What is Tim’s law in Kentucky?

NAMI Kentucky works to improve lives of the seriously mentally ill KENTUCKY — Since 2017, Kentucky, along with 47 other states, has offered court-ordered assisted outpatient treatment. This method of court-ordered mental health care ensures that individuals with severe mental illness get the treatment they need, when they are not capable of seeking it out on their own.

This program is named Tim’s Law, which is named for Tim Morton, a Lexington man who was committed to psychiatric hospitals 37 times before he died, the measure is designed to stop the revolving door of jails, hospitals and homelessness with little benefit for such individuals.T.J. Litafik is a lobbyist with NAMI Kentucky, which is the state chapter for the National Alliance on Mental Illness and also is the owner/principal with Solon Strategies, LLC.

During this In Focus Kentucky segment, Litafik explains how Tim’s Law actually works, who qualifies for the service and the importance of providing expanding treatment options for people dealing with mental illness. “Tim’s Law allows for loved ones of people suffering from mental illness to go to district court to begin a process a legal process of filing a petition that will mandate that they get the treatment that they need to protect themselves and protect others,” explains Litafik.

  • With comprehensive, thought-out treatment, people with the most severe symptoms of mental illness can access outpatient mental health services instead of constantly being hospitalized.
  • The idea of Tim’s Law is that it’s it’s a process that an individual’s family or loved ones can initiate and then the treatment comes when the process is started.

And then the individual is, is is brought into a treatment based situation,” adds Litafik. You can watch the full In Focus segment in the player above. : NAMI Kentucky works to improve lives of the seriously mentally ill

Is Kentucky a zero tolerance state?

KY’s Zero Tolerance Policy for Marijuana – Though alcohol has a minimum blood alcohol content (BAC) level, in Kentucky, under the Kentucky Revised Statutes 189A.010 (1)(c)(d), there is no minimum level of marijuana metabolites in the suspect’s bloodstream.

What is Casey’s return policy?

Return and Refund Policy Returns You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging.

Your item needs to have the receipt or proof purchase. Refunds Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment).

Your will receive the credit within a certain amount of days, depending on your card issuer’s policies. Shipping You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Contact Us If you have any questions on how to return your item to us, contact us. Return and Refund Policy Returns You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging.

Your item needs to have the receipt or proof purchase. Refunds Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.

  1. If your return is approved, we will initiate a refund to your credit card (or original method of payment).
  2. Your will receive the credit within a certain amount of days, depending on your card issuer’s policies.
  3. Shipping You will be responsible for paying for your own shipping costs for returning your item.

Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Contact Us If you have any questions on how to return your item to us, contact us. Copyright © Casey EMI. All rights reserved. Verified Secure SSL Site