Please note: Some of the links on this page may resolve to non-governmental agencies. The information on these pages is not controlled by the Office of the Secretary of State or the Commonwealth of Kentucky.
How many patents are filed with the County Court Order Series?
Who received the first County Court Order patent? Where is the land located?
Who received the latest County Court Order patent? Where is the land located?
Are patents awarded by county courts in Kentucky?
Has the federal government ever issued land patents in Kentucky?
What chapter of the Kentucky Revised Statutes describes the land patenting process?
Is there an overview of the land patenting process for the County Court Order Series?
How many acres of unappropriated land may be surveyed?
What is the difference between “unappropriated land” and “vacant land”?
I have found unappropriated land that is eligible for the patent process, but it is not vacant. Can I still apply for a patent so the land will be added to the tax rolls?
When does the patent recipient receive legal title to the land?
When did the requirement for filing applicant’s affidavits and surveyor’s affidavits begin?
Is there a method to stop a patent from issuing?
Are land office fees controlled by the Office of the Kentucky Secretary of State or by statute?
Is there a map that depicts the location of Kentucky land patents?
What Kentucky Revised Statute defines adverse possession?
Are County Court Order patents restricted to “white males over the age of 21”?
What is an “assign or assignee”?
What is a “walk-around survey”?
I have found an entry in a county surveyor’s book that isn’t listed in Jillson’s “Kentucky Land Grants” or on your database. Why?
After a grant is issued finalizing a patent, where are subsequent conveyances filed?
What agencies have County Court Order patent documents available for research?
Is the Office of the Kentucky Secretary of State scanning patent files for internet access?
Where can researchers study court cases involving land title and mineral rights?
How many Kentucky counties still have a county surveyor’s office?
Which Kentucky Statutes and Regulations pertain to surveyors and engineers?
Does Kentucky’s government retain surface or underground mineral rights when a patent is issued?
Where can we research maps and information regarding coal, oil and gas permits and leases?
My parents (now deceased) owned property in Kentucky years ago. As their heir, how do I research the disposition of my parents’ land and mineral rights?
What is the primary function of these agencies?
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How many patents are filed with the County Court Order Series?
This patent series is still active. To date, there have been 70,239 patents assigned to the County Court Order Series.
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Who received the first County Court Order patent? Where is the land located?
County Court Order Patent #1 was issued to Patrick Fitzimmons. He patented 202 acres in Shelby County on the northeast side of Mudlick Branch on the Franklin-Shelby county line. The survey was made November 9, 1835; the grant finalizing the patent was issued September 12, 1836.
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Who received the latest County Court Order patent? Where is the land located?
County Court Order Patent #70239 was issued to the Mt. Vernon Fleeting Service, Inc. The company patented 2.0632 acres in Henderson county. The survey was made September 7, 2000; the grant was issued October 17, 2000.
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Are patents awarded by county courts in Kentucky?
No. The process for distributing unappropriated land in the Commonwealth is determined by the Kentucky General Assembly. Although the county courts authorize warrants in the County Court Order Land Patent Series, the grants conveying title to unappropriated land are signed by the Governor of Kentucky.
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Has the federal government ever issued land patents in Kentucky?
No. Kentucky is not part of the federal public domain system. Kentucky is a state-land state, meaning Acts of the General Assembly decide land appropriation within our borders. Land patents in Kentucky prior to 1792 were issued by authorization of the Virginia General Assembly; grants finalizing the patents were signed by Virginia Governors. Land patents after June 1, 1792, have been authorized by legislation passed by the Kentucky General Assembly; grants finalizing the patents are signed by Kentucky Governors.
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What chapter of the Kentucky Revised Statutes describes the land patenting process?
KRS 56 describes the appropriation of Kentucky land. Land that has escheated to the state, or has been forfeited for failure to list it for taxation or for nonpayment of taxes, or has been legally and validly patented before, does not qualify for land patenting.
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Is there an overview of the land patenting process for the County Court Order Series?
There are four steps in obtaining a land patent:
(1) Warrant (also called a Court Order) authorizing the survey. In 1835, the Kentucky General Assembly approved legislation that allowed county courts to issue warrants for land within their county boundary. In 1978, the wording of KRS 56.210 was changed to reflect a restructure of Kentucky’s judicial system. Individuals now file an application for a court order authorizing an entry and survey with the county judge/executive of the county in which the land lies. The fiscal court sets the price for the court order. The minimum price per order is $5.00 per 100 acres; each order can be no more than 200 acres. The proceeds of the sale of the orders are paid into the county treasury. (KRS 56.210) Early legislation mandated the proceeds would be used to improve the local infrastructure, such as roads and bridges.
(2)Entry reserving the land for patenting. The party obtaining the order files an entry in the county surveyor’s book. The entry describes the land subject to patenting, the acreage, and the type of warrant being used to obtain the patent. “But no one person shall enter, survey or cause to be patented more than 200 acres of land in any one county.” (KRS 56.210) Note: The acreage limitation was added in later patent laws; there was no acreage limitation for early Kentucky patents authorized by Treasury Warrants.
(3)Survey plat and the Metes and Bounds Description. The surveyor shall survey the entries in the order in which they are made, bounding each entry by plainly marked trees, stones or stakes, noting where it binds on a watercourse or the marked line of another survey, and giving names. The survey shall be made in the presence of two disinterested housekeepers as chainmen, whose names shall be placed at the bottom of the plat and certificate. Each survey must be made within six months after the date of the entry. A plat and certificate of the survey shall be made out by the surveyor and recorded in his books, and the original thereof and a copy of the order of court under which it is made shall be filed in the Office of the Kentucky Secretary of State within six months after the survey is made. (KRS 56.230, Section 1) The applicant prepares a packet for mailing to the Kentucky Secretary of State’s Land Office. The packet includes: (1) a copy of the warrant(s) authorizing the survey; (2) proof the entry was recorded by the local surveyor; (3) proof the minimum price of $5.00 per 100 acres was paid to the fiscal court; (4) the field survey including the names of the disinterested chainmen; (5) affidavits by the County Surveyor and applicant stating the land is vacant and unappropriated, to their best knowledge and belief; and (6) the $2.50 filing fee.
(4)Governor’s Grant finalizing the patent. The packet is examined for statutory compliance by legal counsel in the Office of the Kentucky Secretary of State and the Office of the Kentucky Attorney General. If approved, the grant finalizing the patent is prepared by the Secretary of State and staff then submitted to the Governor for review and signature. If approved by the Governor, the documents are returned to the Kentucky Secretary of State and assigned a patent number. The Kentucky Secretary of State writes “satisfied” on the face of the warrant. The applicant receives the formal grant; a copy of the grant remains with the patent file in the Kentucky Secretary of State’s Land Office. The person receiving title to the land is encouraged to record the patent with the local Property Valuation Administrator’s office to ensure taxes are collected. Additionally, copies of grants are frequently recorded with the local County Clerk.
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How many acres of unappropriated land may be surveyed?
Our files include a number of early Kentucky land patents that were authorized by warrants for thousands of acres. We also have County Court Order patents authorized by multiple 200-acre warrants. On February 2, 1893, the Kentucky General Assembly passed legislation, indexed in 1893 as Chapter 136 and now codified as KRS 56.210, that states “no one person shall, under this chapter, enter, survey, or cause to be patented, more than two hundred acres of land in any one county.” KRS 56.270 requires the Kentucky Secretary of State to deliver to the owner any land warrant in his office that is partially appropriated, with an endorsement showing how much remains to be appropriated. The warrant may be resubmitted with another patent application, however the provisions of KRS 56.230 prevent the warrant from being assigned to another individual.
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What is the difference between “unappropriated land” and “vacant land”?
The term “unappropriated” applies to land that has never been patented; it belongs to the Commonwealth of Kentucky and is subject to the provisions of KRS 56. The term “vacant land” applies to land that does not appear to be occupied. That does not mean, however, that the land is not owned. Contact the local Property Valuation Administrator’s office to determine if taxes are being paid on properties that appear vacant. If not, the land may be subject to sale for back taxes or adverse possession claims. Click here for a directory of county property valuation administrators in Kentucky. http://revenue.state.ky.us/pdf/pvadir.pdf check this link!!! Or supply a table.
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I have found unappropriated land that is eligible for the patent process, but it is not vacant. Can I still apply for a patent so the land will be added to the tax rolls?
Under the provisions of KRS 56.200 an actual settler on any vacant and unappropriated land has a preemption right to any number of acres, not exceeding 100, to be laid off as nearly as possible in a square, his improvements in the center. Before any other person shall locate the same land, three months’ notice of intention to do so must be given to the actual settler, describing the land intended to be taken up or appropriated. If the actual settler does not within three months from the giving of such notice, have the land entered and surveyed preparatory to obtaining a patent for it, the person giving the notice may enter and survey the land and proceed to obtain the patent.
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When does the patent recipient receive legal title to the land?
Under the provisions of KRS 56.230, Section 2, legal title shall vest in the patentee as of the time the survey is made, unless the plat and certificate of survey are filed more than six months after the survey is made, in which case the legal title shall vest in the patentee as of the date of the patent. (Note: The provisions of this statute encourage applicants and surveyors to complete the patent process in a timely manner.)
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When did the requirement for filing applicant’s affidavits and surveyor’s affidavits begin?
Chapter 136, Section 4, of the “Acts of the Kentucky General Assembly”, approved February 2, 1893, and later codified as KRS 56.240, states: “Before the surveyor of any county in this Commonwealth shall permit the entry of any land for the purpose of obtaining a patent thereon, he shall require the party desiring such entry and survey made, to file with him an affidavit to the effect that said land or lands have not, to the applicant’s knowledge or belief, been previously entered, surveyed or patented, in whole or in part, and that the same are vacant and unappropriated lands. And said surveyor shall forward to the Register of the Land Office, with his plat and certificate of said lands, his own affidavit to the effect that the same have not, to the affiant’s knowledge or belief, been theretofore, in whole or in part, entered or surveyed for patent or patented.”
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Is there a method to stop a patent from issuing?
Yes. Under the provisions of KRS 56.245 if it appears a patent application has been filed for land to which another claims a better right, the landowner may enter a caveat with the Office of the Kentucky Secretary of State (as Register of the Land Office) to prevent the issuing of a grant until the right to issue the patent is determined. According to the statutes, the caveat must state the plaintiff’s claim and the reasons why the grant should not issue. It shall be verified by his affidavit, or by that of his agent, and declare that it is entered in good faith, with the intention of procuring the land for the plaintiff, and not for the benefit of the person against whom it is entered. A copy of the caveat, certified by the Kentucky Secretary of State shall, within sixty days from the time it is entered, be lodged with the clerk of the Circuit Court of the county where the land or the greater part thereof lies. Failure to lodge such copy is deemed an abandonment of the caveat; and it may be disregarded by the Kentucky Secretary of State upon the clerk’s certificate of no filing of the caveat. If the caveat is filed with the Circuit Court Clerk within sixty days, it is treated as a petition, and the proceedings upon it shall be the same, including an appeal to the Kentucky Court of Appeals, as those in ordinary action. If the summons is not returned in due time, or is returned not executed, the caveat is dismissed if it is shown the nonexecution or nonreturn was procured by the plaintiff or resulted from his neglect. A copy of the judgment, if in favor of the defendant, must be delivered into the land office within three months from the time it is rendered; or a new caveat may, for that cause, be entered against the grant. If the judgment be for the plaintiff, and a copy thereof be not delivered into the Land Office within six months from the time it was rendered, any other person may, for that cause, enter another caveat against the grant. No grant shall issue to the land in contest, to the plaintiff in the caveat, or to another for his use, until the caveat be dismissed or decided; and any such grant, to the extent of such land, shall be void. If the plaintiff does not prosecute his caveat as herein required, or of the same be dismissed or decided against him, neither he nor any other for his use shall have another caveat against the same grant. The court may require the plaintiff to give security for costs; and upon his failure to do so may dismiss the proceeding.
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Are land office fees controlled by the Office of the Kentucky Secretary of State or by statute?
The fees are controlled by statute. Under the provisions of KRS 56.300, the Kentucky Secretary of State collects the following fees for services in connection with the Land Office:
1. For filing of a caveat……………………………….$0.25
2. Judgment in cases of caveat, mandamus or other action affecting the Land Office or the Land Office duties of the Secretary of State, for filing copy of……………………………………………...$0.25
3. Official certificate with seal of office affixed, for each patent…………………………………… $5.00
4. Plat and certificate of survey, for filing and registering,
and issuing and recording patent thereon………….$2.50
5. Warrant, survey, grant, for copy of each……………$1.00
6. Copy of any other document (per page)…………….$0.50
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Is there a map that depicts the location of Kentucky land patents?
No. Patents are not mapped as they are issued. For that reason, there are overlaps on many lands claimed by patents. The fact that patents have been issued since 1779, and no patent map was kept by the Virginia Land Office from 1779 to 1792 or by the Kentucky Land Office since statehood, compounds the problem of identifying rightful owners under junior and senior patents.
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Is there a map that depicts the location of unappropriated land subject to patenting?
No. As the various laws establishing and regulating land patenting never required the mapping of patented tracts, it is impossible to determine what land is currently available.
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What Kentucky Revised Statute defines adverse possession?
KRS 413.060 entitled “Person holding land under adverse title for seven years and the Extension for Disability”.
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Are County Court Order patents restricted to “white males over the age of 21”?
The statutes defining the patenting process for the County Court Order Series do not list exclusions for age, race or gender. Survey names and grant names indicate women have received County Court Order patents as well as African-Americans before and after the Civil War. We cannot determine the number of Native Americans involved in the patent process as no application listing ethnic background is required to purchase a warrant in the County Court Order Series.
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What is an “assign or assignee”?
Early legislation permitted the sales of warrants and surveys before the land patenting process was complete. An individual could purchase a warrant from the county court then sell part or all of that warrant to another individual. The person buying the warrant was called an assign or assignee. The assignment process could then continue through the survey. For example, John Smith bought a warrant from the county court; he then sold the warrant to Bob Jones. A survey was made for Bob Jones, assignee of John Smith. Mr. Jones was offered a profit for the land so he sold the survey to Mary Roberts. Mary Roberts proceeded to file for a Governor’s Grant. Mary Roberts was the assignee of Bob Jones who was the assignee of John Smith. (Hint: the first person named in the grant is the person taking title to the land. The last person named in a series of assignments is usually the person who acquired the warrant.) If Mary Roberts sells the land she has patented, she will record the transaction with the County Clerk’s Office in the county in which the land is located. The conveyance is called a “deed”. County deeds are not collaterally filed with the Kentucky Secretary of State’s Land Office. Note: Under the provisions of Section 3, KRS 56.230, land warrants are no longer assignable. Plats and certificates of survey may be assigned.
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What is a “walk-around survey”?
Occasionally the surveyor opts to run a survey by walking a circle (or other similar shape) around the property being patented. In that instance, the surveyor will indicate there are other patented properties, or exclusions, inside the shape he has drawn for the plat. Some surveyors will list the names and acreages of other claims included in the drawing. For example, the drawing may appear to be 1,000 acres being patented, however, due to “prior claims” or “exclusions”, the actual patent may be 250 acres. (Check all the patent documents, including the grant, to determine how much land is actually being covered by the patent being issued.)
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I have found an entry in a county surveyor’s book that isn’t listed in Jillson’s “Kentucky Land Grants” or on your database. Why?
Under the County Court Order Series, patents begin in the county; they are finalized in Frankfort. Researchers studying county court records, such as entry books and county surveyors’ books, frequently find references to warrants being purchased and surveys being made for patent applications, but there is no record of that warrant or survey in Frankfort. There are a variety of explanations for this occurrence. Perhaps the patent process ended when fees weren’t paid or it was determined the land was not eligible for patenting. Patent files in the Office of the Kentucky Secretary of State—not local filings—were used by Willard R. Jillson to compile his publications; the same patent files are used to compile the databases for this website.
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After a grant is issued finalizing a patent, where are subsequent conveyances filed?
In Kentucky, land is transferred by deeds, wills, or court action, such as a Master Commissioner’s Sale. Those records are filed on the county level with the county clerk. There is no collateral filing with the Office of the Kentucky Secretary of State. If a deed or will is lost in a courthouse fire or other disaster, check with the Kentucky Department for Libraries & Archives, Coffee Tree Road, Frankfort, Kentucky, to determine if the records were previously microfilmed.
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What agencies have County Court Order patent documents available for research?
The Department for Libraries & Archives and the Kentucky History Center Library, both in Frankfort, Kentucky, have microfilm of the grants associated with the County Court Order Series. Complete patent files, including warrants, surveys, grants and miscellaneous affidavits, etc., are available from the Kentucky Secretary of State, Land Office Division, Capitol Building, Frankfort, Kentucky.
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Is the Office of the Kentucky Secretary of State scanning patent files for internet access?
Yes. We are currently color-scanning our land patent files. The Secretary of State is charged with the security and preservation of all land patent records. By color-scanning each document, front and back, we are capturing (and preserving) the record in its exact form. In June 2004, Kentucky Secretary of State Trey Grayson transferred scanned images of 8241 County Court Order Patent files (or 33,392 pages in black & white format) to the County Court Order website.
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Where can researchers study court cases involving land title and mineral rights?
Start on the local level with the Circuit Court files. As litigation proceeds through the court system, researchers will need to study court cases available from the Department for Libraries & Archives, Coffee Tree Road, Frankfort, Kentucky. Court cases are not filed with the Office of the Kentucky Secretary of State.
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How many Kentucky counties still have a county surveyor’s office?
All 120 Kentucky counties may have a county surveyor; the constitutional office has not been abolished. Section 99 of the Kentucky Constitution states “at the regular election in 1998 and every four years thereafter, there shall be elected in each county a Judge of the County Court, a County Court Clerk, a County Attorney, Sheriff, Jailer, Coroner, Surveyor and Assessor, and in each Justice’s District one Justice of the Peace and one Constable, who shall enter upon the discharge of the duties of their offices on the first Monday in January after their election, and who shall hold their offices four years until the election and qualification of their successors.” Under the provisions of KRS 73.020 the county surveyor, before he enters on the duties of his office, shall file with the County Clerk a certificate from some college, or from the Circuit Judge of the judicial circuit of which the county is a part, stating he is competent to perform the duties of the County Surveyor’s office. Additionally, KRS 73.040 states the County Surveyor shall perform any business in the civil engineering profession that he is lawfully ordered to do by any court in his county. The County Surveyor may select chainmen and other necessary assistants to aid him in carrying out the orders of court. The fees of his assistants shall be taxed as costs.
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Which Kentucky Statutes and Regulations pertain to surveyors and engineers?
The requirements for licensure of engineers and land surveyors in Kentucky are listed in KRS 322. Additionally, Chapter 18 of the Kentucky Administrative Regulations defines the standards of practice and continuing education requirements set by the Board of Licensure for Professional Engineers and Land Surveyors.
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Does Kentucky’s government retain surface or underground mineral rights when a patent is issued?
When a grant is issued finalizing a patent, the Commonwealth conveys title to all facets of the property, including surface and underground. There are no exclusions retained by state government for timber or minerals such as coal, oil or gas.
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Where can we research maps and information regarding coal, oil and gas permits and leases?
Topographical maps for Kentucky are available from the Kentucky Geological Survey Office, University of Kentucky, 228 Mining and Minerals Resources Building, Lexington, Kentucky, 40506-0107, telephone 859-257-5500. For information on mine licensing, mine & safety analysis, miner training & certification, oil & gas permits, and maps, contact the Department of Mines & Minerals, 1025 Capital Center Drive, Suite 201, P.O. Box 2244, Frankfort, KY 40601, telephone 502-573-0140. The agency also has district offices in Barbourville, Harlan, Hazard, Madisonville, Martin, and Pikeville.
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My parents (now deceased) owned property in Kentucky years ago. As their heir, how do I research the disposition of my parents’ land and mineral rights?
Obtain a copy of their wills detailing property ownership and distribution. Wills are filed in the county of residence with the County Clerk. Contact the Circuit Court Clerk to determine if a settlement was filed by the executor of the estate. Subsequent deeds and sales or leases of mineral rights are filed with the County Clerk for the county in which the land is located. We also suggest the county Property Valuation Administrator be contacted to determine who is paying taxes on the property in question. There may be a need to pay back taxes before the property is sold by the Master Commissioner. The Office of the Kentucky Secretary of State does not have any information on deeds, wills, mineral leases, or impending sales by the Master Commissioner.
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What is the primary function of these agencies?
- Land Office – A division of the Office of the Kentucky Secretary of State. Receives, records and preserves documents relating to Kentucky land patents, including those issued by Virginia in Kentucky territory prior to 1792. Copies and certifies patent documents, i.e. warrants, surveys and grants, upon request.
-Kentucky Department for Surface Mining Reclamation & Enforcement -- A division of the Natural Resources & Environmental Protection Cabinet. Enforces mining, reclamation and abandoned mine land laws thereby protecting Kentucky’s citizens, environment and natural resources.
-Division of Abandoned Mine Lands -- Administered by the Department for Surface Mining Reclamation & Enforcement under the Natural Resources & Environmental Protection Cabinet. Works throughout the state’s coal fields to protect the public from health and safety problems that are the result of mining that occurred prior to 1982.
-Division of Local Valuation – Administered by the Kentucky Revenue Cabinet. Works with Property Valuation Administrators on the county level for the collection of taxes.
-Unclaimed Property Division -- Administered by the Office of the Kentucky State Treasurer. Oversees the distribution of unclaimed insurance proceeds, contents of abandoned safety deposit boxes, old bank accounts, etc.
-Department of Mines and Minerals -- A branch of the Public Protection & Regulation Cabinet. Ensures all Kentucky coal miners are provided with a safe working environment; provides effective education & training to coal miners; and ensures that statutes & regulations regarding coal mining, coal sales, storage and use of high explosives, and the production of oil & natural gas are enforced fairly and consistently throughout Kentucky.
-Kentucky State Board of Licensure for Professional Engineers and Land Surveyors -- The State Board licenses and monitors engineers and land surveyors to protect the public health, safety and welfare of Kentucky residents.