In order to establish or sustain defenses of abandonment, defendant must establish that fact by a preponderance of evidence. Royal Elkhorn Coal v C&ORR, 114 F Supp 341,(ED KY 1953)

The abandonment of property depends upon the intent to abandon and "there can be no abandonment without the intention to abandon " Roebuck v Mecasta County Rd. Comm., 229 NW2d 343, 345. (Mich App 1975 )

Time is not an element of abandonment and would only be applicable to establish presumed intent. Absent the intent no abandonment takes place. KRS 383.200 states that personal property may be stored for later recovery, or until (intent) abandonment. No charge may be assessed for storage unless an agreement exists for payment for said storage. OAG 82-553.

Agricultural Holding Act of 1986- follows Act of 1948 and Act of 1923.

p. 120 c.5 Agricullural Holdings Act 18 Mar 1986

PART II

OLD IMPROVEMENTS FOR WHICH COMPENSATION IS PAYABLE

• 1. Erection, alteration or enlargement of buildings.
• 2. Formation of silos.
• 3. Making and planting of osier beds.
• 4. Making of water meadows or works of irrigation.
• 5. Making of gardens.
• 6. Making or improvement of roads or bridges.
• 7. Making or improvement of watercourses, ponds, wells or reservoirs or of works for the application of water power or for supply of water for agricultural or domestic purposes.
• 8. Making or removal of permanent fences.
• 9. Planting of hops.
• 10. Planting of orchards or fruit bushes.
• 11. Reclaiming of waste land.
• 12. Warping or weiring of land.
• 13. Embankments and sluices against floods.
• 14. Erection of wirework in hop gardens.
• 15. Provision of permanent sheep-dipping accommodation.
• 16. Drainage.
• Sections 79 and 8O.

MARKET GARDEN IMPROVEMENTS

• 1. Planting of standard or other fruit trees permanently set out.
• 2. Planting of fruit bushes permanently set out.
• 3. Planting of strawberry plants.
• 4. Planting of asparagus, rhubarb and other vegetable crops which continue productive for two years or more.
• 5. Erection, alteration or enlargement of buildings for the purpose of the trade or business of a market gardner.

Schedule II

Arbitrations

Appointment and Remuneration of Arbitrator Section 84 and 94

KRS 222.270/280 - alcoholism records are confidential but available
KRS 194.060 - confidentiality of cabinet- exceptions
KRS 194.240 - dept of mental health goes to cabinet
KRS 422.330 - waiver of privelige of confidentiality
KRS 311.595 - (15) willfully violate a confidential communication clearly intended to repeal Common Law Rule - OAG 78-288.
KRS 319.111 - psychologist-previleged, may not be required to be disclose KRS 342.020 - waiver physicians patient
KRS 202a.991 - penalty for violations of confidentiality
KRS 202a.016 - discloure in court of evidence
KRS 202a.096 - no previleged communication may be disclosed
KRS 421.215 - physician may teminate confidentiality
KRS 421.215= previleged communications end at the desire of professional to incarcerate patient. . .
KRS 422A. Rule *25(4), (a),(b), Exceptions to attorney previlege
KRS 422A. Rule 506- confidentiality- exceptions- in court, relevant information, info needed, essential,
KRS 422A. Rule 502- person to whom disclosure is neither intended nor forseen who legally obtains communications may be compelled to testify. . Acts 1990 Ch 88 n 93 - at common law there is an established rule that confidential communications made to an attorney in his professional character are previleged; likewise previleged are confidential communications between husband and wife. These rules are codified in
KRS 421.210 (1), husband and wife, and
KRS 421.210 (4), attorney and client.In addition to the common law privilege rules the legilature has provided for the privilege as to clergyman-priest concerning information confidentially communicated in professional capacity under circumstances that disclosure would violate a sacred or moral trust,
KRS 421.210 (4), physician and patient,
KRS 213.200, and psychiatrist-patient,
KRS 421.215. 1) The communications must originate in a confidence that they will not be disclosed.
2) The element of confidentiality must be essential to the full and satisfactory maintenance of the relation between the parties.
3) The relation must be one which in the opinion of the community ought to be sedulously fostered.
4) The injury that would injure to the relationship by the disclosure of the communication must be greater than the benefit thereby gained for the correct disposal of litigation. We have held that attorney-client privilege is not absolute, that there are in special conditions limitations. . . Relationships end upon death of a party.

" What I'd like to see," Sup Ct Justice Brennan said, "is that [important cases] are covered from beginning to end, from before they get to the court to the final result. But what we get in most papers are a few lines about whether there was a reversal or an affirmation of a lower court decision." Playboy July 1991 p.121.

criticism of the judiciary is protected under the 1st and 14th Amendments, regardless of the actual content. NY Times v Sullivan, 376 US 255, (1964)

every freeman has an undoubted right to lay what sentiments he pleases before the public - to forbid that is to destroy the freedom of the press - Blackstone - Prior Restraint - Near v Minneapolis, 283 US 697, (1931)

since when have we Americans been expected to bow submissively to authority and speak with awe and reverence to those who represent us. Colten v KY, 407 US 104, (1972)Douglas J