MISCELLANEOUS PROVISIONS AS TO DITCHES, DRAINAGE, AND RECLAMATION

KRS tit. XXII, ch. 269

in effect

KRS 269.005 Compliance with KRS 65A.010 to 65A.090

269.005. Compliance with KRS 65A.010 to 65A.090 Any board established under this chapter shall comply with the provisions of KRS 65A.010 to 65A.090. Effective: March 21, 2013 History: Created 2013 Ky. Acts ch. 40, sec. 79, effective March 21, 2013.

KRS 269.010 Issue of refunding bonds for drainage, levee, or reclamation district -- Maturity -- Interest rate -- Exchange of bonds or sale -- Use of proceeds

269.010. Issue of refunding bonds for drainage, levee, or reclamation district -- Maturity -- Interest rate -- Exchange of bonds or sale -- Use of proceeds (1) Whenever the board of drainage commissioners or other governing authority of any drainage, levee, or reclamation district organized under any law of this state finds and declares of record that it is advisable and for the best interests of the property owners of the district to refund any part of the bonded indebtedness of the district, it may issue refunding bonds, payable at any time within forty (40) years from their date as the board or governing authority may determine. The refunding bonds shall not exceed the amount of bonds refunded and interest accrued on the bonds to the date of the refunding bonds. They shall bear interest at a rate or rates or method of determining rates as the board determines and be payable at least annually. (2) When issued, refunding bonds may be exchanged for the outstanding bonds if the holders of the bonds agree, or the refunding bonds may be sold for not less than the par value and accrued interest. The proceeds of the sale of the bonds shall be used in the payment of the outstanding bonds and the cost incident to the issuing of the refunding bonds. No refunding bond shall become a valid obligation of the district until an equivalent amount of the bonds refunded have been surrendered and canceled. Until refunding bonds have been issued, the rate of tax or amount of assessment applicable to the bonds to be refunded shall not be reduced. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 274, sec. 61, effective July 15, 1996. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380d-1.

KRS 269.020 Payment of assessment and release from liability for refunding bonds

269.020. Payment of assessment and release from liability for refunding bonds (1) If provisions are made for the issuance of refunding bonds, any property owner may, at any time within two (2) weeks after the order providing for their issuance is made, pay the full amount of uncollected principal tax or assessment chargeable to his property for the payment of the bonds proposed to be refunded, and upon payment thereof his property shall be released from the tax or assessment for the payment of the refunding bonds, but shall remain subject to additional taxes levied by the district. (2) Any owner failing to avail himself of the privilege of paying in full the unpaid principal tax or assessment against his property, shall not be heard to complain of additional interest to be collected from his property for refunding bonds. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380d-1, 2380d-5.

KRS 269.030 Notice of intention to refund bonds -- Form -- Majority of owners may require abandonment of refunding

269.030. Notice of intention to refund bonds -- Form -- Majority of owners may require abandonment of refunding (1) Before issuing any refunding bonds the board of drainage commissioners or other governing authority shall set a date and place for a hearing, and give notice of the hearing to all persons owning any interest in any property assessed in the district of its intention to refund the bonds. This notice shall be published pursuant to KRS Chapter 424. The hearing shall be held by the board or governing authority at the place designated by it. (2) The notice will be sufficient if substantially in the following form: "All persons interested in property lying in _________ District, _________ County, Kentucky, take notice: "That _________ District, _________ County, Kentucky, desires to refund all (part) of its outstanding bonded indebtedness (and accrued interest) and that at _________ in the City of _________, on the _____ day of __________, 19____, at _____ o'clock ____ any person having an interest in any property in the district may appear before the board of drainage commissioners (other governing authority) of the district, and show any cause why the refunding should not be done, and taxes in addition to the assessed benefits levied, if necessary, for the purpose of paying interest on the refunding bonds. You are further notified that if a majority of the owners of land in the district, owning a majority of the acres of land therein, object, the refunding will be abandoned. You will further take notice that unless the refunding is abandoned, any owner may, at any time within two weeks after the making of the order to issue refunding bonds, pay the full amount of uncollected principal tax or assessment chargeable to his property for the payment of the bonds proposed to be refunded. Any tract on which the tax or assessment is paid will be released from any tax or assessment for the payment of the refunding bonds, but shall remain subject to any additional taxes that may be levied by the district. "Dated at __________, Kentucky, the _____day of _________, 19____ Board of Drainage Commissioners (other governing authority) of _________ County, Kentucky, by _________." (3) If, at or prior to the holding of the meeting and hearing, a majority of the owners in the district, owning a majority of the acres of land therein, file with the board or other governing authority written objections to the refunding of the outstanding bonds, the board or other governing authority shall enter an order reciting the fact that the objections have been filed and abandoning the refunding. Effective: October 1, 1942 History: Amended 1966 Ky. Acts ch. 239, sec. 194. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380d-2.

KRS 269.040 Assessment installments and taxes to retire refunding bonds -- Certification to sheriff -- Apportionment and total allowed

269.040. Assessment installments and taxes to retire refunding bonds -- Certification to sheriff -- Apportionment and total allowed (1) Upon the issuance of the refunding bonds, all uncollected annual installments whether matured or not, shall be made payable in annual installments in amounts sufficient to provide for the payment of the refunding bonds at maturity. There shall also be levied from year to year taxes ratably allocable to such uncollected installments, sufficient to provide for the payment of the interest on the refunding bonds as it accrues. (2) Each year while any refunding bonds remain outstanding, the board or governing authority shall ascertain the amount of funds required for the payment of maturing bonds and accruing interest during the succeeding year, and make up, certify and transmit to the sheriff or other tax collector of each county containing any of the property in the district an annual tax book setting out the annual installments so ascertained. (3) The installments shall be apportioned to the property in the district in proportion to the unmatured annual installments or assessments. The total certification each year shall be sufficient to make ample provision for the payment of maturing principal and accruing interest on the refunding bonds, making due allowance for probable delinquencies in the payment of taxes and the costs of collection. The grand total of such annual installments imposed, exclusive of taxes levied for interest on refunding bonds, shall not exceed the benefits assessed, for any tract of land in the district. History through 1968: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380d-3.

KRS 269.050 Refunding taxes collected as are other district taxes -- Rights of bondholders

269.050. Refunding taxes collected as are other district taxes -- Rights of bondholders All taxes levied for the payment of refunding bonds shall be collected and collection enforced at the same time, in the same manner, and by the same means, and shall be secured by the same lien as is provided by law for other taxes levied by the district. The holder of any refunding bonds shall have the same rights as were possessed by the holders of the bonds refunded thereby. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380d-4, 2380d-6.

KRS 269.060 District may accept federal benefits

269.060. District may accept federal benefits Any drainage, levee or reclamation district may comply with or avail itself of the provisions of any legislation enacted by Congress to refund or extend the time of payment of the bonded indebtedness of any district or otherwise lighten the burden of taxation resting on the property in the district. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380d-8.

KRS 269.070 County may drain land -- Payment of cost -- Acquisition of necessary land

269.070. County may drain land -- Payment of cost -- Acquisition of necessary land Any county may remove any ponds, pools, or swamp marshes, or reclaim swamp land that may cause sickness in the county, by ditching, leveeing, or cleaning out logs and brush that may cause any creek to scatter or form pools of stagnant water. The cost shall be paid for out of the county levy or by taxation of the property in the county subject to taxation for state purposes. When the fiscal court undertakes such a project, it may acquire for the county by contract or condemnation any land necessary to carry out the project. If condemnation proceedings are necessary, they shall be conducted in the manner provided in the Eminent Domain Act of Kentucky. Effective: October 1, 1942 History: Amended 1976 Ky. Acts ch. 140, sec. 106. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2413.

KRS 269.080 Election -- Limit of tax -- Issue of bonds -- Maturity

269.080. Election -- Limit of tax -- Issue of bonds -- Maturity If the probable cost of the improvement is more than the income and revenues of the county for the year in which it is to be constructed, the county judge/executive shall order an election to be held in the county to ascertain the will of the qualified voters. The election shall be held in conjunction with a regular election, and the proposition shall be filed with the county clerk not later than the second Tuesday in August preceding the regular election. The proposition to be submitted to the voters shall state the amount, and object for which it is to be expended. The amount shall not exceed two percent (2%) of the value of the taxable property for state purposes, ascertained by the assessment next before the last assessment for state purposes. The proposed debt shall be made payable so as not to require a tax rate of more than fifty cents ($0.50) on each one hundred dollars ($100) in value of property subject to taxation for state purposes. If two-thirds (2/3) of those voting on the proposition vote for it, that fact shall be noted of record in the order book of the county judge/executive. The county judge/executive shall then have semiannual coupon bonds of the county prepared, to be made payable not later than forty (40) years after date, but payable at the option of the county at any time after two (2) years after date. The bonds shall be signed by the county judge/executive and countersigned by the county clerk. The coupons may be signed by the county clerk only. The bonds, when signed, shall be turned over to the fiscal court of the county. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 195, sec. 68, effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 384, sec. 420, effective June 17, 1978. -- Amended 1976 (1st Extra Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2414.

KRS 269.090 Contract for work -- Commissioner appointed if bonds are sold -- Tax levy for redemption of bonds

269.090. Contract for work -- Commissioner appointed if bonds are sold -- Tax levy for redemption of bonds The fiscal court may contract with any individual or corporation to do all work and to furnish all material in the execution of any such improvement voted for in the county, and may contract to pay in bonds, or may sell the bonds and pay for the improvement out of the proceeds. If bonds are sold to pay for the improvement, one (1) or more commissioners shall be appointed by the county judge/executive, who shall give bond, with good and sufficient security, to sell the bonds and receive and pay out the money. The fiscal court shall levy taxes on the taxable property of the county sufficient to pay the interest on the bonds and pay off enough bonds each year to discharge them all within the time they are payable. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 421, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2415.

KRS 269.100 Establishment of taxing district for drainage of part of county -- Election -- Issue of bonds

269.100. Establishment of taxing district for drainage of part of county -- Election -- Issue of bonds If any pond, marsh or swamp land exists in a small part of any county, and the voters thereof desire to improve that part, and the cost of the improvement amounts to more than the revenue and income of the county for that year, the county judge/executive may lay off such part of the county into a taxing district to tax the property thereof subject to taxation for state purposes to make the improvement. The county judge/executive may submit the proposition to the taxing district in the same way provided for submitting the proposition to the whole county. The election shall be held in conjunction with a regular election, and the proposition shall be filed with the county clerk not later than the second Tuesday in August preceding the regular election. If two-thirds (2/3) of the voters voting on the proposition vote for it, that fact shall be entered on the order book of the county and semiannual coupon bonds of the county shall be prepared, delivered and managed as in KRS 269.090, to be paid by taxation of the property in the district subject to taxation for state purposes. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 195, sec. 69, effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 384, sec. 422, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2416.

KRS 269.110 Continuation of drainage corporations -- To have benefit of this law

269.110. Continuation of drainage corporations -- To have benefit of this law Any corporation heretofore existing for the purpose of improving the public health by draining swamp land or lands which need drainage to make them more suitable for cultivation, shall be continued in force for those objects and purposes and shall have the benefit of KRS 269.120 to 269.230. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417a-1.

KRS 269.120 Appointment of commissioners by county judge/executive -- Qualifications -- Compensation

269.120. Appointment of commissioners by county judge/executive -- Qualifications -- Compensation Upon written petition signed by more than one-half (1/2) of the landowners residing within the boundary of the district of the corporation, or their agents, guardians or personal representatives, the county judge/executive of any county in which the corporation exists shall appoint a board of commissioners consisting of three (3) landowners over twenty-five (25) years of age, residing in that county, not interested in the corporation and not owning any land within its district. Each commissioner shall be paid out of the treasury of the corporation not exceeding five dollars ($5) for each day's service. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 423, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2417a-2, 2417a-14.

KRS 269.130 Oath of commissioners -- Filling of vacancy -- Quorum -- Removal

269.130. Oath of commissioners -- Filling of vacancy -- Quorum -- Removal (1) Before entering upon the duties of his office, each member of the board of commissioners shall take the following oath before the clerk of the Circuit Court: "I, .... do solemnly swear that I will faithfully perform the duties of commissioner to assess, apportion and rate taxes under KRS 269.120 to 269.230; that I will impartially perform the duties of my office; that I am in no way interested in the company, nor holder or owner of any land within its boundary; and that I am a landowner and resident of .... County, Kentucky, and over twenty-five years of age." Any vacancy on the board of commissioners shall be filled by the county judge/executive, but the failure of the county judge/executive to appoint a person to fill the vacancy shall not invalidate the proceedings of the board of commissioners or prevent it from acting. Two (2) members shall constitute a quorum. (2) A member of the board of commissioners may be removed pursuant to KRS 65.007. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 136, sec. 5, effective July 15, 1996. Amended 1978 Ky. Acts ch. 384, sec. 424, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417a-7.

KRS 269.140 Commissioners shall assess land -- File report -- Contents of report -- Error not to invalidate assessment -- Subsequent assessments

269.140. Commissioners shall assess land -- File report -- Contents of report -- Error not to invalidate assessment -- Subsequent assessments (1) The board of commissioners shall, as of July 1 succeeding its appointment, assess and apportion upon the land within the boundary of the district of the corporation a tax of not more than twenty-five cents ($0.25) and not less than ten cents ($0.10) per acre per year for a period of ten (10) years in proportion to the benefits conferred. It shall file a written report of the assessment and apportionment with the county clerk, who shall not copy it in his records but file a certified copy in the Circuit Court of the county, or in the chancery branch thereof if there be one. (2) The commissioners shall enter in the assessment the names of all persons who, at the time of the assessment, are the owners or holders of land liable to be assessed. Opposite the name of the owner or holder they shall enter the tract owned or held, the number of acres as nearly as practicable, the name of the nearest resident, the rate of taxation per acre and the aggregate tax upon each tract for each of the ten (10) years. (3) No error or informality in the assessment, description or location of the property, or in the name of the party assessed, shall invalidate the assessment if the property can with reasonable certainty be located from the description given, nor shall any irregularity or informality in the execution of the duties of the commissioners or any failure of duty on their part render any assessment invalid. (4) After ten (10) years another assessment for ten (10) years may be in a like manner initiated and established, on the petition of the owners of more than one-half (1/2) of all the land within the boundary of the district of the corporation at that time. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2417a-3, 2417a-4.

KRS 269.150 Tax notice -- Form -- Complaint -- Hearing on assessment

269.150. Tax notice -- Form -- Complaint -- Hearing on assessment (1) The board of commissioners shall cause to be published pursuant to KRS Chapter 424, a notice substantially as follows: "The .... company's tax notice. "All holders and persons interested in land within the boundary of the .... company are hereby notified that the board of commissioners appointed by the county judge/executive under KRS 269.120 has reported an assessment and apportionment upon the land, and on the .... day of .... (insert date) it was filed with the clerk of the Circuit Court. Any person having any complaint to make of excessive or unjust assessment or apportionments shall file such complaint in writing with the clerk of the Circuit Court within thirty days after the filing of said report. As soon as practicable after the expiration of such thirty days, the clerk will set it to a day for hearing. Signed (insert name). Signed (insert name). Signed (insert name). Board of Commissioners." The board of commissioners shall also post copies of the notice at six (6) prominent places within the boundary, within seven (7) days after the filing of the report. (2) Any person interested, including the corporation, may, within thirty (30) days from the filing of the report, file a complaint in writing with the clerk of the Circuit Court, specifying the parcel of land and alleged deficiency or partiality. The clerk shall assign the hearing of the complaints to the first day convenient to the Circuit Court at which the corporation and complainants may be heard. The court may pass upon the justice and fairness of the complaint summarily, and receive evidence if necessary, orally or in writing. (3) The Circuit Court shall approve, reduce or increase the assessment, within the limits fixed by law. As to those lands with reference to which no complaint has been filed within thirty (30) days, the court shall confirm and approve the report. When all complaints have been determined, the court shall order the report as a whole approved and confirmed, and the assessments and apportionments shall be deemed conclusive and binding upon all parties. The court may correct any error in the report, or, if necessary, recommit it, or any part of it, to the board of commissioners at any time before confirmation. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 425, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 195. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417a-5.

KRS 269.160 Circuit Court's determination of whether assessment was properly made -- Court order conclusive

269.160. Circuit Court's determination of whether assessment was properly made -- Court order conclusive The Circuit Court may cause proof to be taken as to whether the notice required by KRS 269.150 was given by the board of commissioners, and may, in its final judgment confirming the report, determine this fact and any other fact necessary to establish a binding assessment. The court may enter an order that all such steps have been properly taken, which order shall be prima facie evidence of the facts therein recited and conclusive upon all parties thereto. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417a-8.

KRS 269.170 Taxes -- When assessed -- When payable -- Discount -- Interest -- Office for collection

269.170. Taxes -- When assessed -- When payable -- Discount -- Interest -- Office for collection The taxes shall be assessed as of July 1, and payable to the corporation on or after October 1 of the year for which assessed, and shall become due on December 1 of that year. On all taxes paid during October before maturity, there shall be a discount of three percent (3%). On all taxes paid during November there shall be a discount of two percent (2%). After January 1 following maturity, all unpaid taxes shall bear interest at the rate of one-half percent (0.5%) a month or fraction thereof until paid. The corporation shall keep an office where taxes are payable and the address of the office shall be lodged with the county clerk and enrolled in a book kept in his office. Any subsequent changes in the address of the office of the company shall be enrolled in the same book. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417a-9.

KRS 269.180 Corporation's lien for taxes -- Recording -- Limitation -- Procedure when tax is paid -- Use of taxes

269.180. Corporation's lien for taxes -- Recording -- Limitation -- Procedure when tax is paid -- Use of taxes The corporation shall have a lien for all taxes upon the land assessed and upon all personal property of the owners found upon the premises not exempt from execution, attachment, or distraint. This lien shall not be defeated by any means. It is a general lien such as arises for state and county taxes, and is superior to all other claims and liens except state and county taxes. For questions of limitation or apportionment as between vendor and vendee, it dates as of July 1 of each year. Unless suit is commenced or proceedings had within ten (10) years from July 1 of any particular year, the lien for that year's taxes shall be lost. After the action of the Circuit Court of the county upon the assessment and apportionment, the clerk shall certify a copy of it to the county clerk, who shall record it in his office, together with a map showing the boundary of the corporation, and index the liens in real estate indexes in the name of the owner as grantor and the corporation as grantee. This record shall be notice to all persons of the taxes and any interest and costs thereon, and of the lien retained upon the land. When any tax has been paid, the president or treasurer of the corporation shall enter the word "paid" upon the record in the proper column, and enter the amount so paid and subscribe thereto the name of the corporation by him. The taxes shall be used by the corporation to maintain its system of ditches, and adding any necessary ditches and extensions, and for the general drainage purposes of the corporation. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 426, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417a-10.

KRS 269.190 Collection of taxes by rule -- Enforcement of lien

269.190. Collection of taxes by rule -- Enforcement of lien After December 1 of any year for which taxes are due, the corporation may file in the Circuit Court, in the proceedings in which the report has already been confirmed, the affidavit of one of its officers stating that the taxes are due upon a certain tract of land and the amount thereof, and giving a sufficient description of the land, together with the name of the owner or holder and alleging that the land is included in the assessment. The court shall then issue a rule against the owner or holder to show cause why he should not be compelled to pay the tax. The proceedings shall be had as upon rules issuing from the Circuit Court, and the court may render a personal judgment for the tax, interest and costs against the person owing the tax, and may render a judgment enforcing the lien for taxes and ordering a sale of the property described in the affidavit, and payment of taxes, interest and costs out of the proceeds. Sales shall be conducted in the Circuit Court for foreclosure of liens. Costs shall be paid by the losing party. Effective: October 1,1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417a-11.

KRS 269.200 Collection of taxes by suit -- Rights of corporation -- Form of action

269.200. Collection of taxes by suit -- Rights of corporation -- Form of action (1) Taxes shall be collectible either by rule as provided in KRS 269.190, or by action, equitable or ordinary, in any appropriate court. Suits for taxes shall be in the name of the corporation. The plaintiff shall have all the rights of other plaintiffs in courts of law and equity, and obtain a personal judgment against the owner for the amount of the tax, with interest and costs, as well as the enforcement of the lien. (2) The equitable actions shall be conducted like suits upon liens arising out of contracts. The Circuit Court shall have jurisdiction of all amounts of ten dollars ($10) and over, exclusive of interest. The taxes due for earlier and later years may be included in the petition and judgment. Suits against different persons owing taxes may be joined in one action, and all persons interested in the question raised in the pleadings or claiming an interest in the land sought to be sold may be joined as plaintiffs or defendants. Proof in the action may be read for or against any party properly before the court. Effective: October 1,1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2417a-12, 2417a-13.

KRS 269.210 Powers of corporation as to ditches -- Condemnation of property

269.210. Powers of corporation as to ditches -- Condemnation of property The corporation may extend its ditches, make other ditches, connect with any creek or stream and straighten or cut across any curve to facilitate drainage, and, when necessary, take the lands of private persons. The corporation is vested with the right and power of eminent domain for the condemnation of land that may be necessary, which remedy shall be pursued as provided by the Eminent Domain Act of Kentucky, the proceedings to be brought by the corporation in the Circuit Court, providing due compensation to the owners of land. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 258, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 107. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417a-14.

KRS 269.220 Extension of district by the county judge/executive -- Hearing -- Appeals -- Assessments

269.220. Extension of district by the county judge/executive -- Hearing -- Appeals -- Assessments Upon the petition of the corporation desiring an extension or addition to the boundaries of its drainage district, the petition to be accompanied by a map showing the desired extension or addition, the county judge/executive shall cause summons to be issued against the owners of lands within the proposed extension or added territory calling upon them to show cause why the extension or addition should not be made. If a numerical majority of the persons owning land within the proposed extension or addition consent of record to it, the county judge/executive shall enter an order establishing the extension or additional boundary. Appeal shall lie for sixty (60) days to the Circuit Court, and if the order is affirmed or reversed, then to the Court of Appeals. The county judge/executive and Circuit Court shall certify to the county clerk their orders and judgments, which shall be recorded in the book showing the assessment and taxes. The extension or added territory shall be subject to the same provisions as the original district, and an assessment may be initiated by the corporation and by the owners of more than half the land within the extension or addition. The assessment shall be for the remaining years of the ten (10) year term as provided for other property in the district, and steps to perfect the assessment with respect to added or extended territory shall be had in accordance with the provisions for the original district. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 427, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417a-15.

KRS 269.230 Fees collected by circuit and county clerks -- Annual financial statement of directors of corporation

269.230. Fees collected by circuit and county clerks -- Annual financial statement of directors of corporation (1) The clerk of the Circuit Court shall receive from the corporation not more than ten cents ($0.10) for each parcel of land assessed, and shall deposit such sums in the manner provided for in KRS 30A.120. The county clerk shall receive a fee pursuant to KRS 64.012 for recording the assessment in his office. (2) The board of directors of the corporation shall annually, in January, file with the county clerk a detailed statement of all money received by it, from whom received and how spent. Effective: January 1, 2007 History: Amended 2006 Ky. Acts ch. 255, sec. 21, effective January 1, 2007. -- Amended 1978 Ky. Acts ch. 384, sec. 428, effective June 17, 1978. -- Amended 1976 (1st Extra Sess.) Ky. Acts ch. 21, sec. 23, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417a-14.

KRS 269.240 Removal of obstructions from nonnavigable streams or drains by owner in counties of over 250,000 -- Inspection and notice by county engineer

269.240. Removal of obstructions from nonnavigable streams or drains by owner in counties of over 250,000 -- Inspection and notice by county engineer (1) The owner of land in any county containing more than 250,000 population through which a nonnavigable stream has its natural outlet, or through which ditches or drains have been constructed and other ditches have their outlet, shall keep the same free from driftwood, trash or any obstruction which would stop the free flow of water. (2) The county engineer shall inspect such streams, ditches and drains and see that they are free from obstructions. If he finds any obstruction, he, or one of his deputies or ditch inspectors, shall notify the owner of the land abutting on the stream, ditch or drain in writing to remove the obstruction. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2417b-1, 2417b-2.

KRS 269.250 County engineer to remove obstructions not removed by owner -- Lien for and payment of cost

269.250. County engineer to remove obstructions not removed by owner -- Lien for and payment of cost The county engineer shall remove any obstruction not removed by the property owner within sixty (60) days after having been notified. The county engineer shall do this work in the same manner as road work is done in the county. He or his deputies shall keep an accurate account of the cost of the work and charge it against the property owner whose duty it was to do it. This cost shall be a lien upon the land and shall be added to the tax bill next due to the county. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2417b-3.

KRS 269.260 Withdrawal of land from drainage district

269.260. Withdrawal of land from drainage district (1) If at any time any person or persons owning lands within any drainage district desires to withdraw his lands in whole or in part from the drainage district, such person or persons upon the approval of a majority of the qualified members of the drainage board may petition the county judge/executive for a withdrawal of his or their lands from the district. The county judge/executive shall set a date for a hearing on the petition not less than fifteen (15) nor more than thirty (30) days after the petition is filed and issue and cause to be served upon the drainage board notice of the hearing. Upon proper showing that the lands should be withdrawn from the drainage district, and if no valid reason is shown against the withdrawal of the lands from the drainage district, the county judge/executive shall enter an order withdrawing the lands. After the order of withdrawal is entered, the lands shall cease to be within the drainage district, but an appeal may be taken from the order to the Circuit Court, and from the Circuit Court to the Court of Appeals. All costs in any action filed are to be paid by the petitioner or petitioners regardless of the result of the action. (2) The withdrawal of lands from a drainage district as provided for in subsection (1) of this section shall not relieve land already within a drainage district from the payment of its proportionate part of any bonds or other outstanding indebtedness which were issued or incurred in the district, but shall only relieve the land from the payment of maintenance assessments on the ditches. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 429, effective June 17, 1978. -- Created 1942 Ky. Acts ch. 45, secs. 1 and 2.

KRS 269.270 County surface water drainage districts

269.270. County surface water drainage districts (1) The county judge/executive in each county of this Commonwealth, wherein the fiscal court has requested it, is hereby authorized to establish a countywide surface water drainage district for the entire county including all municipalities. The cost of procuring the necessary rights-of-way and the construction and maintenance of such countywide drainage district shall be paid by the fiscal court out of the annual levy for county taxes. When the fiscal court undertakes such a project it may acquire for the county by contract or condemnation any land necessary to carry out the project. If condemnation proceedings are necessary they shall be conducted in the manner provided in the Eminent Domain Act of Kentucky. (2) The administration of this district shall be exclusively by or within the fiscal court of said county, and the fiscal court is hereby authorized and empowered to employ such assistants, including commissioners or superintendent, and other employees as may be necessary for the construction, maintenance and continued operation of said system, and shall fix the salaries of all employees to be paid as other county employees are paid. (3) In the construction and maintenance of such drainage system the fiscal court is authorized and empowered, as a part of the cost of construction and maintenance of said system, to build or construct such bridges and culverts over and across the ditches or canals of this system as in the opinion of the fiscal court are necessary. (4) Nothing herein contained shall authorize or empower the construction or maintenance of a sanitary sewer system or sanitary sewers. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 430, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 108. -- Created 1954 Ky. Acts ch. 45, secs. 1, 2, 3, and 4, effective June 17, 1954.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38512Fetched: 10/20/2026