Cline v. Johnson County Board of Education

PALMORE, Justice.

The issue in this case is whether KRS 381.221(1) is constitutional. Enacted in 1960, it provided that every possibility of reverter and right of entry [upon breach of a condition subsequent] created prior to July 1, 1960, would cease to be valid or enforceable 30 years after its creation unless before July 1, 1965, a declaration of intent to preserve it were recorded. We are of the opinion that the judgment of the trial court holding it valid was correct.

There is no factual dispute, nor any necessity for summarizing the manner in which the issue was joined by the pleadings…