DRAINAGE AND RECLAMATION ACT OF 1912

KRS tit. XXII, ch. 267

in effect

KRS 267.010 Definitions

267.010. Definitions As used in this chapter, unless the context otherwise requires: (1) "Board" means the county board of drainage commissioners, or, in counties having seventy-five (75) or more separate drainage districts, or in counties availing themselves of the provisions of KRS 267.390(3)(b) and 267.490 as provided in KRS 267.495, the drainage commissioner. (2) "District" means drainage or levee district. (3) "Improvement" means the construction, reconstruction, straightening, widening or deepening of any ditch, drain, canal, creek, levee or watercourse. (4) "Sheriff" includes any collecting officer. (5) "Viewers" means the board of viewers appointed by the county judge/executive. (6) The power to appoint includes the power to remove at any time. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 397, effective June 17, 1978. -- Amended 1956 Ky. Acts ch. 235, sec. 2, effective May 18, 1956. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-1, 2380-2, 2380-6, 2380-7, 2380-32, 2380-34, 2380-37, 2380c-1.

KRS 267.015 Compliance with KRS 65A.010 to 65A.090

267.015. Compliance with KRS 65A.010 to 65A.090 All boards 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. 76, effective March 21, 2013.

KRS 267.020 Creation of drainage district

267.020. Creation of drainage district A drainage district may be created in accordance with the procedures of KRS 65.810 for the purpose of draining or reclaiming low, swampy or overflowed land in the county, locate, establish and have constructed any levee, ditch, drain or canal, and have constructed, straightened, widened or deepened any ditch, drain, creek, or nonnavigable watercourse, and have reconstructed any ditch, drain, creek, levee or canal heretofore constructed under any drainage law. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 64, sec. 17, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 398, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-1.

KRS 267.030 Repealed, 1984

267.030. Repealed, 1984 Catchline at repeal: Petition for improvement -- Petitioners' bond. History: Repealed 1984 Ky. Acts ch. 64, sec. 19, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 399, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-2.

KRS 267.040 Repealed, 1984

267.040. Repealed, 1984 Catchline at repeal: Board of viewers -- Appointment -- Oath. History: Repealed 1984 Ky. Acts ch. 64, sec. 19, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 400, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-2, 2380-3.

KRS 267.050 Repealed, 1984

267.050. Repealed, 1984 Catchline at repeal: Examination and report of viewers -- Petition dismissed if report unfavorable. History: Repealed 1984 Ky. Acts ch. 64, sec. 19, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 401, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-3.

KRS 267.060 Repealed, 1984

267.060. Repealed, 1984 Catchline at repeal: Proceeding on favorable viewers' report. History: Repealed 1984 Ky. Acts ch. 64, sec. 19, effective July 13, 1984. -- Amended 1952 Ky. Acts ch. 84, sec. 63, effective July 1, 1953. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-3, 2380-4.

KRS 267.070 Repealed, 1984

KRS 267.080 Repealed, 1984

267.080. Repealed, 1984 Catchline at repeal: Confirmation of report -- Establishment of district. History: Repealed 1984 Ky. Acts ch. 64, sec. 19, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 403, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-6.

KRS 267.090 Drainage directors -- Election

267.090. Drainage directors -- Election (1) In every county where an improvement has been made under former laws or is made under this chapter, except those counties having seventy-five (75) or more separate drainage districts or those counties availing themselves of the provisions of KRS 267.390(3)(b) and 267.490 as provided in KRS 267.495, the county judge/executive shall annually call an election in each district, to be held in the courthouse at the county seat on some day in May designated by him. At this election the taxpayers of each district shall elect a director to represent the district on the board of drainage commissioners. The county judge/executive shall preside at the election of each district, which shall be by viva voce vote of each member present at the hour designated by the county judge/executive. The districts of the county shall be numbered by the county judge/executive, and the elections shall take place in the numerical order of the districts. If any district is not represented at the election, the county judge/executive shall appoint a taxpayer of that district as director to represent the district. The county judge/executive shall fill all vacancies by appointment. The call for election shall be made at least ten (10) days before the election by posting notice at the courthouse door and by publication pursuant to KRS Chapter 424. (2) If the county judge/executive fails to carry out any of the provisions of this section, any five (5) taxpayers in any drainage district coming under the provisions of this chapter may call an election, and shall upon the day of the election designate one of their number to act in place of the county judge/executive, with all the rights of the county judge/executive under this section. (3) In counties having seventy-five (75) or more separate drainage districts or in counties availing themselves of the provisions of KRS 267.390(3)(b) and 267.490 as provided in KRS 267.495, the provisions of KRS 267.010 and 267.490 shall be followed. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 404, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 180. -- Amended 1956 Ky. Acts ch. 235, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-7, 2380c-1.

KRS 267.100 Board of drainage commissioners created -- Powers

267.100. Board of drainage commissioners created -- Powers Except as provided in KRS 267.010, 267.090, and 267.490, the directors from the various districts of the county shall constitute the county board of drainage commissioners, with the right to acquire, hold, encumber, sell and convey any property necessary to the conduct of its affairs, with all the rights and powers of a corporation, and with all other rights and powers necessary to carry out its work under the provisions of this chapter, including the right of eminent domain. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-7.

KRS 267.110 Officers of board

267.110. Officers of board Within fifteen (15) days after the election of the directors they shall meet at the county seat and elect a president and treasurer from their number, and a secretary who need not be from their number. If no secretary is elected, the county clerk shall be the ex officio secretary of the board. The president and directors shall receive no compensation for their services as such. The treasurer may receive a salary determined by the board, and shall execute bond as the board directs. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-7.

KRS 267.120 Meetings -- Office -- Records -- Reports -- Expenses

267.120. Meetings -- Office -- Records -- Reports -- Expenses (1) The board shall meet when called by the president. The president shall call a meeting upon the written request of two (2) or more directors. The board shall have an office at the county seat, which shall be provided with all necessary furniture, stationery and records. The board shall keep complete records of its proceedings, which shall be at all times open to the inspection of the public. (2) By April 1 of each year the board shall make a complete report of its acts during the previous year, showing the amount of money received and from what source, and the amount paid out and for what purpose. The report shall be spread upon its records and be open for public inspection. By April 1 of each year the board shall publish pursuant to KRS Chapter 424 a financial statement of the previous year, showing the amounts received, the date of receipt and from what source, and the amounts paid out, the date of disbursement and for what purposes. (3) All expenses incurred by the board shall be taken out of drainage funds and not from any general funds of the county. Effective: June 16, 1966 History: Amended 1966 Ky. Acts ch. 239, sec. 181, effective June 16, 1966. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-7.

KRS 267.130 Drainage engineer -- Powers -- Duties -- Assistants -- Survey -- Map -- Report

267.130. Drainage engineer -- Powers -- Duties -- Assistants -- Survey -- Map -- Report (1) When the court refers to it any proceeding to establish or construct any improvement, the board shall employ a competent drainage engineer, who shall be the chief engineer for the work. The board may prescribe the number of assistant engineers to be selected by the chief engineer. The chief engineer shall have control of the work until completed, or until his removal by the board, and may assign portions to each assistant. He may, with the consent of the board, consult any eminent engineer and obtain his opinion or advice concerning the drainage of the district. He may employ such assistants as are necessary to make a complete topographical survey of the district, and shall enter upon the ground and make a survey of the main drains and all the laterals. (2) The line of each ditch, drain or levee shall be plainly and substantially marked on the ground. The course and distance of each ditch, and width of right-of-way, shall be carefully noted and sufficient notes made so that it may be accurately plotted and mapped. A line of levels shall be run for the entire work and sufficient data secured from which accurate profiles and plans may be made. Frequent bench marks shall be established along the line, on permanent objects, and their elevation recorded in the field books. Other levels may be run to determine the fall from one part of the district to another. If an old watercourse, ditch or channel is being altered it shall be accurately cross sectioned, so as to compute the amount of cubic yards saved by the use of the old channel. If a private ditch is utilized, the saving by reason of its use shall be carefully computed and reported, with the name of the owner. A drainage map of the district shall then be completed, showing the location of every improvement and the boundary, as closely as may be reasonably determined, of the lands owned by each individual landowner within the district. The location of any railroad or public highway and the boundary of any incorporated city within the district shall be shown on the map. There shall be prepared to accompany the map a profile showing the surface of the ground, and the bottom or grade of the proposed improvement. (3) The engineer shall make an estimate of the cost of the work, and plans and specifications therefor, and file the same, together with all maps and profiles, with the county clerk, to be made a part of the record of the proceedings. All such maps, profiles, plans and specifications, together with the report of the engineer and all exhibits filed therewith, shall be made in duplicate, one to be marked original and the other duplicate. If lands in counties other than the one in which the proceeding is pending are affected, an additional copy of the maps and profiles shall be made and filed with the county clerk of the other counties. The original shall not be withdrawn from the custody of the clerk, but the duplicate may be withdrawn for use by the viewers, the board, or for use on the work by the engineer or contractor. This material shall be receipted for by the person withdrawing it, and returned promptly. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 44, sec. 31, effective June 27, 2019. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-8, 2380-17.

KRS 267.140 Conference as to place and method of crossing railroad right-of-way

267.140. Conference as to place and method of crossing railroad right-of-way Whenever the chief engineer makes a survey to locate a district or to change a natural watercourse that would cross the right-of-way of any railroad company the board shall serve written notice upon the local agent of the company, or its lessee or receiver, that the chief engineer or his assistant will meet the company at the place where the proposed improvement crosses the right-of-way of the company, at a time stated in the notice, at least ten (10) days after the service of the notice, to confer with the company concerning the place where and the manner in which the improvement shall cross the right-of-way. At this meeting, unless for good cause more time is agreed upon, the engineer and the railroad company shall agree, if possible, upon the place where and the manner and method in which the improvement shall cross the right-of-way. If the engineer and the railroad company cannot agree, or if the railroad company fails to confer with the engineer, he shall determine the place and manner of crossing the right-of-way, and shall specify the number and size of openings, and so state in his report. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-8.

KRS 267.150 Adoption of engineer's report -- Action of county judge/executive, clerk and viewers

267.150. Adoption of engineer's report -- Action of county judge/executive, clerk and viewers When the engineer's report is filed, the board shall meet and receive and adopt it, with any modifications that may be determined upon, and shall notify the county judge/executive of its action. Within ten (10) days thereafter, the county judge/executive shall enter an order referring the proceedings to the original viewers for the purpose of assessing damages, and making classification of the land for assessment. The county clerk shall notify the viewers of the county judge/executive's action, and set a day for them to meet at the county clerk's office of the county in which the proceeding is pending. Unless the time is extended the viewers shall file their report within sixty (60) days from the time the proceedings are referred to them. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 405, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-9.

KRS 267.160 Viewers' classification of land for assessment -- Rate of assessment

267.160. Viewers' classification of land for assessment -- Rate of assessment (1) The viewers shall meet on the day named in the notice provided by KRS 267.150, or as soon thereafter as practicable, and proceed with their work, for which the clerk shall furnish them with the duplicate plan of drainage adopted by the board. As soon after their first meeting as possible, the viewers shall examine the land in the district; the railroad property in the district; all other improvements, highways and bridges that may be affected by the proposed improvement; and all ditches, drains, ponds, lakes, creeks and watercourses in the district, or that are partly within and partly without the district. A majority of the viewers shall control and decide all questions. (2) The viewers shall classify the land in the district with reference to the benefit it will receive from the improvement. In the case of drainage, the degree of wetness of the land, its proximity to the ditch or a natural outlet and the fertility of the soil shall be considered in determining the amount of benefit it will receive by the construction of the ditch. Except as provided in subsection (3) of this section, the land benefited shall be separated into five classes. The land receiving the highest benefit shall be marked "Class A"; that receiving the next highest, "Class B"; that receiving the next highest, "Class C"; that receiving the next highest, "Class D"; and that receiving the smallest benefit, "Class E." The holding of any one landowner need not be all in one class, but the number of acres in each class shall be ascertained, though its boundary need not be separately marked on the ground nor shown on the map. The total number of acres owned by one (1) person in each class and the total number of acres benefited shall be determined. The total number of acres of each class in the entire district shall be determined and presented in tabulated form. The scale of assessment to be made by the board upon the several classes of land returned by the viewers shall be in the ratio of five (5), four (4), three (3), two (2) and one (1). Whenever five (5) mills per acre are assessed against the land in "Class A," four (4) mills per acre shall be assessed against the land in "Class B," three (3) mills per acre in "Class C," two (2) mills per acre in "Class D," and one (1) mill per acre in "Class E." This shall form the basis of the assessment of benefits to the land for drainage purposes, and in calculating the assessment against each landowner the board shall follow the classification. (3) If the viewers believe that existing conditions would cause substantial injustice to any landowner by strict conformity to the five-class rule, the classification may be changed by diminishing or increasing the number of classes to conform to such conditions, or the viewers may report the benefits they estimate will accrue to each tract of land without dividing the land into classes. If the classification is changed the viewers shall indicate to the board the ratio of assessment for such changed classification as compared with the five-class rule. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-10.

KRS 267.170 Report of viewers on classification -- Estimate of cost of improvement

267.170. Report of viewers on classification -- Estimate of cost of improvement The viewers shall keep an accurate account and report to the court the name of each person employed on the survey, the kind of work done, the number of days employed, any expenses that have been incurred in going to and from the work, and the cost of any supplies or material that have been used in making the survey. If the work is delayed by any good cause and the report is not completed at the time fixed by the court, the viewers shall appear before the court and state in writing the cause of such failure and ask for sufficient time to complete the work, whereupon the court shall set another date by which the report shall be completed and filed. The viewers shall not modify the adopted plan for drainage. The report shall contain a statement of the estimated cost of the works and improvements to be made in the district, a description of all the land in said district and the names of the owners thereof, and a general description of all the railroad rights-of- way, roadbeds and depot grounds, and the name of the corporation to which they belong at the date of the decree of the court organizing the district. The report shall also contain a statement of the estimated benefits per acre that will accrue to each class of land by reason of the proposed improvement, and each tract of land shall be assessed according to benefits as shown by the report. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-10.

KRS 267.180 Cost of construction and assessment of benefits when improvement crosses highway

267.180. Cost of construction and assessment of benefits when improvement crosses highway When any improvement crosses a public street or highway, the actual cost of constructing it across the street or highway, or removing old bridges or building new ones, shall be paid out of the fund of the drainage district. When any street or highway in the district is benefited by an improvement, the viewers shall assess and give in their report the amount of benefit to the street or highway, and process shall be issued against the county or city owning or controlling it. Such county or city shall have the right to appear before the court and file its exceptions the same as any landowner, and shall be liable for and shall pay the amount finally assessed against it, which may be recovered by suit in the name of the board. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-11.

KRS 267.190 Railroad property benefited shall be assessed

267.190. Railroad property benefited shall be assessed The viewers shall assess the benefits that will accrue to the property of any railroad company by affording better drainage or a better outlet for drainage, but no benefits shall be assessed because of the increase in business that may come to any railroad company because of the improvement. The benefits shall be assessed at a fixed sum, determined solely by the physical benefit that its property will receive by the improvement. The viewers shall report it as a special assessment due personally from the railroad company. It may be collected like an ordinary debt. The county clerk shall issue process against the railroad company, and it shall have the same right to file exceptions and to appeal as individual landowners, but an appeal shall not delay or defeat the construction of the improvement. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-12.

KRS 267.200 Viewers shall assess damages

267.200. Viewers shall assess damages The viewers shall assess the damages claimed by anyone that is justly right and due to him for property taken, injured or destroyed because of an improvement, or for any other legal damages sustained, including the actual estimated amount saved on account of private ditches utilized. Such damage shall be considered separate from any benefit the land would receive because of the proposed work, and shall be paid by the board when funds come into its hands. If any person agrees to waive the damages, the agreement shall be written and filed by the viewers with their report. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-14.

KRS 267.210 Viewers' final report -- Notice -- Hearing

267.210. Viewers' final report -- Notice -- Hearing When the final report of the viewers is completed and filed, it shall be examined by the county judge/executive, and if it is found to be legal and in due form it shall be accepted, and if not it may be referred back to the viewers with instructions to secure further information, to be reported at a subsequent date fixed by the county judge/executive. The chief engineer shall examine the report, and may recommend any changes in the plan of drainage for final adoption by the board. Such changes, when adopted, shall become a part of the plan. When the report is completed and accepted by the county judge/executive, with any changes in the plan adopted by the board, a date not less than twenty (20) days thereafter shall be fixed by the county judge/executive for the final hearing upon the report, and notice shall be given by publication pursuant to KRS Chapter 424, and by posting a notice on the door of the courthouse in each county in which land affected is assessed, and at five (5) conspicuous places throughout the district. During this time a copy of the report shall be on file in the office of the county clerk in which the proceeding is pending, and shall be open to the inspection of any landowner or person interested within the district. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 406, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 182. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-15.

KRS 267.220 Court shall refer proceeding to board

267.220. Court shall refer proceeding to board When the district is declared established, and the final report of the viewers approved or confirmed, the court shall refer the whole proceeding to the board for further proceedings. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-18.

KRS 267.230 Drainage record -- Copy filed in any county affected

267.230. Drainage record -- Copy filed in any county affected The county clerk of each county shall provide a suitable record book to be known as the "drainage record," in which he shall enter or copy every order, report, judgment or finding concerning the district. When land in any other county is affected, copies of all such records shall be made by the clerk, and they, together with a copy of all maps and profiles, shall be certified by him to the county clerk of the other county, where they shall be recorded in like manner. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-17.

KRS 267.240 Construction contract -- Bond -- Board may construct

267.240. Construction contract -- Bond -- Board may construct (1) Upon final reference to it by the court of any drainage proceedings, the board shall give notice by publication pursuant to KRS Chapter 424 in the county in which the improvement is located, of the time and place of letting the work of construction and of the approximate amount of work to be done and the time fixed for its completion. On the date appointed for the letting the board, together with the chief engineer, shall convene and let the work to the lowest responsible bidder, either as a whole or in sections, as they may deem most advantageous for the district. No bid shall be entertained that exceeds the estimated cost unless for good reasons it is shown that the original estimate was erroneous. The board may reject all bids and advertise again, if it believes it will be in the interest of the district to do so. The board may employ persons and teams and lease, rent, hire or purchase machinery and equipment, and directly construct the improvement according to the plans and specifications, without letting a contract. The board may exercise the same power in cleaning out, straightening and reconstructing old public ditches, but the expense in any case shall not exceed the estimate of the drainage engineer for the work. (2) If the board accepts a bid, the successful bidder shall be required to enter into a contract with the board and to execute a bond for the faithful performance of such contract, with sufficient sureties, in favor of the board for the use and benefit of the district, in an amount equal to fifty percent (50%) of the estimated cost of the work awarded to him. The board may maintain action for breach of the contract against any contractor and the sureties on his bond, and in case of breach of the contract the work may be advertised and relet in the same manner as the original letting. Effective: June 21, 1974 History: Amended 1974 Ky. Acts ch. 386, sec. 53, effective June 21, 1974. -- Amended 1966 Ky. Acts ch. 239, sec. 183. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-26, 2380-28.

KRS 267.250 Payment for work in installments -- Warrants

267.250. Payment for work in installments -- Warrants The chief engineer in charge of construction shall make monthly estimates of the amount of work done, and furnish one (1) copy to the contractor and file the other with the secretary of the board. The board shall meet within five (5) days after the filing of such estimate, and if it approves the estimate it shall direct the secretary to draw a warrant in favor of the contractor for eighty percent (80%) of the work done, according to the specifications and contract. When the warrant, properly signed by the president and secretary, is presented to the treasurer of the drainage fund, he shall pay the amount due thereon out of any funds in his hands to the credit of that district. When the work is fully completed and accepted by the chief engineer, he shall make an estimate for the whole amount due, which shall then be paid from the drainage fund on warrants as above provided. If there are insufficient funds in the treasury to pay any warrant presented for payment, that fact shall be endorsed on the back of the warrant and the warrant shall thereafter draw interest at the rate of six percent (6%) per annum until there is money on hand sufficient to pay the warrant and accumulated interest. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-27, 2380-47.

KRS 267.260 Contractor's right of access -- Obstructions

267.260. Contractor's right of access -- Obstructions In the construction of the work the contractor may enter upon any land necessary for this purpose, and may remove any bridge or fence and cross private land in going to or from the work. If the right-of-way of the improvement is through timber, the owner may remove it before the work begins. If it is not removed by the landowner, it shall become the property of the contractor and may be removed by him. All logs, stumps and similar obstructions shall be cleared off the right-of-way for its full width by the contractor. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-29.

KRS 267.270 Method of construction when improvement crosses railroad property -- Cost

267.270. Method of construction when improvement crosses railroad property -- Cost (1) After the contract is let and the actual construction is commenced, if the work is being done with a floating dredge, the superintendent in charge of construction shall notify any railroad company of the probable time at which the contractor will be ready to enter upon its right-of-way and construct the work thereon. The railroad shall send a representative to view the ground with the superintendent of construction and arrange the exact time at which such work can most conveniently be done. At the agreed time the railroad company shall remove any obstructions necessary to permit the dredge to excavate the channel across its right-of-way. The work shall be so planned and conducted as to interfere in the least possible manner with the railroad's business. (2) Within thirty (30) days after the work is completed, an itemized bill for the actual expense incurred by the railroad company for opening its tracks shall be made and presented to the superintendent of construction. This bill shall not include the cost of putting in a new bridge or strengthening or enlarging an old one. The superintendent of construction shall audit this bill, and if found correct shall approve and file it with the secretary of the board. The board shall deduct the cost of the excavation done by the dredge on the right-of-way of the railroad company at the contract price, and pay any difference to the railroad. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-13.

KRS 267.280 Condemnation of land not affected by drainage

267.280. Condemnation of land not affected by drainage If it is necessary to acquire a right-of-way or any outlet over or through lands not affected by the drainage, and the same cannot be acquired by purchase, the same may be condemned by the board. The owners of the land sought to be condemned shall be made parties to the proceeding, and the procedure shall be substantially as provided in the Eminent Domain Act of Kentucky. The damages awarded shall be paid by the board out of the first funds available, before the land is taken, injured or destroyed, unless the party entitled thereto waives payment in advance. Effective: October 1, 1942 History: Amended 1976 Ky. Acts ch. 140, sec. 100. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-16.

KRS 267.290 Assessment roll and statement of cost -- What to include

267.290. Assessment roll and statement of cost -- What to include After the classification of the land and the ratio of assessment of the different classes has been confirmed by the county judge/executive, the board shall prepare an assessment roll or drainage tax duplicate, giving a description of all the land in the district, the name of the owner, so far as can be ascertained from the public records, and the amount of assessment against each tract of land. In preparing this assessment roll the board shall ascertain the total cost of the improvement, including the damages awarded to the owners of land and private ditches, the costs of the proceeding and all wages paid or to be paid, including the wages of the treasurer and employees of the board, and shall deduct any special assessment made against any railroad or highway. The remainder shall be the amount to be paid by the land benefited. This amount shall be assessed against the land according to the benefit received, as shown by the classification and ratio of assessment made by the viewers and confirmed by the court. Attached to this drainage assessment roll or filed with it shall be a statement of the cost of the work to be done, including the damages awarded to the owners of land and private ditches, the costs of the proceeding, all wages, salaries and fees, including fees to attorneys, engineers and other agents, and all other expenses, with five percent (5%) in addition to meet any unforeseen contingencies. This drainage tax roll and statement of cost shall be made in duplicate and signed by the president and secretary of the board. One (1) copy shall be filed with the secretary of the board and the other with the county clerk in the county in which the proceeding is pending. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 111, sec. 193, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 407, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380- 31.

KRS 267.300 Hearing on assessment roll and statement -- Notice -- Appeal -- Filing approved roll

267.300. Hearing on assessment roll and statement -- Notice -- Appeal -- Filing approved roll (1) When the copies of the assessment roll and statement of costs are filed with the county clerk, the clerk shall give notice, by publication pursuant to KRS Chapter 424 in the county, of the filing of the assessment roll and statement, and that they will be heard on a date specified, which shall be not less than fifteen (15) nor more than thirty (30) days after the date of filing. The clerk shall also cause notices to be posted on the front door of the courthouse and in five (5) public places in the district more than ten (10) days prior to the hearing. (2) The county judge/executive shall hear in a summary way any objections to the cost of the improvement and to the assessment of land, and shall enter an order confirming the assessment roll or directing the board to change it in accordance with the finding of the court. No question or objection that could have been raised to the final report of the viewers or at any time before the filing of the assessment roll or statement of cost can be raised by exceptions to the assessment roll or statement of costs. The order of the county judge/executive shall be final and may be appealed from in the same manner as from orders confirming a report of the viewers. (3) The order shall direct the county clerk to certify to the county treasurer a copy of the assessment roll as filed by the board or as changed by the court. One (1) copy of the assessment roll shall be retained by the clerk and recorded as part of the drainage record. If land in any other county is assessed, another copy of the assessment roll so far as it relates to land in that county shall be filed with the county clerk of that county. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 408, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 184. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-31.

KRS 267.310 Payment and collection of assessments when average below twenty-five cents ($0.25) per acre

267.310. Payment and collection of assessments when average below twenty-five cents ($0.25) per acre If the total assessment against the land is less than an average of twenty-five cents ($0.25) per acre, the assessments shall be collected in one (1) installment. In that case, after the assessment roll has been made out and one (1) copy delivered to the county treasurer, as provided in KRS 267.300, notice thereof shall be given by publication pursuant to KRS Chapter 424, and by posting one (1) notice at the courthouse door in each county in which land assessed is located. At any time within thirty (30) days thereafter, any landowner may pay the assessment against his land to the treasurer, who shall enter proper credit on the assessment roll. After said thirty (30) days the board shall recover the assessment roll from the treasurer and deliver it to the sheriff, accompanied by an order to collect the unpaid assessments. The sheriff shall proceed to collect the assessments. If land in any other county is assessed, a copy of the assessment roll, insofar as it relates to that land, shall be certified to the sheriff of that county. The roll, when placed in the hands of the sheriff, shall have the same effect as a tax against the land assessed, and shall be collected in the same manner as state and county taxes, except that the sheriff shall add to each assessment shown the amount of his commission. If not paid by December 1 following the date of certification or order to collect, a penalty of six percent (6%) shall be added. Effective: June 16, 1966 History: Amended 1966 Ky. Acts ch. 239, sec. 185, effective June 16, 1966. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-32.

KRS 267.320 Bonds authorized when average assessment exceeds twenty-five cents ($0.25) per acre -- Failure to pay assessment is consent to bonds

267.320. Bonds authorized when average assessment exceeds twenty-five cents ($0.25) per acre -- Failure to pay assessment is consent to bonds (1) If the total assessment exceeds the average of twenty-five cents ($0.25) per acre on all the land assessed, the board may give notice by publication pursuant to KRS Chapter 424, and by posting a notice at the door of the courthouse in each county in which land assessed is located, and at five (5) conspicuous places in the district, that it proposes to issue bonds for the construction of the improvement, giving the amount of bonds to be issued, the rate of interest they are to bear and the time when payable. Any landowner having land assessed in the district and not wanting to pay interest on the bonds may, within thirty (30) days after the publication of the notice, pay the county treasurer the full amount of his assessment and have his land released. If the landowner produces a treasurer's receipt showing such payment, the county clerk or the secretary of the board shall indorse the release upon the assessment roll, and report to the board all releases made by him. This report shall be recorded on the record or minutes of the board. When the board is satisfied that any assessment has been paid it may order a release made. (2) Each person owning land assessed in the district who fails to pay the full amount of his assessment within thirty (30) days after publication of the notice shall be deemed to consent to the issuing of bonds, and in consideration of the right to pay his assessment in installments he thereby waives his right to any defense against the collection of the assessment because of any irregularity, illegality or defect in the proceeding prior to that time, except in the case of an appeal, which is not affected by this waiver. Effective: June 16, 1966 History: Amended 1966 Ky. Acts ch. 239, sec. 186, effective June 16, 1966. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-32, 2380-33.

KRS 267.330 Issuance and sale of bonds -- Collection of assessment installments

267.330. Issuance and sale of bonds -- Collection of assessment installments (1) At the expiration of thirty (30) days after publication of the notice required by KRS 267.320, the board may divide the unpaid assessments into annual installments, not less than two (2) nor more than thirty (30), which shall draw interest at the rate or rates or method of determining rates, payable at least annually, from thirty (30) days after the date of publication, and may issue bonds to anticipate their collection, which bonds shall mature in series to correspond with the installments into which the unpaid assessments are divided. The bonds shall draw interest at the rate or rates or method of determining rates, payable at least annually, as the board determines and be payable at some place designated by the board. The bonds shall be for the exclusive use and benefit of the district, and shall designate on their face the name of the district and the purpose for which they were issued. The board, in dividing the unpaid assessments into installments, shall fix the time for payment in each year so that each installment will be due at least one hundred and twenty days (120) before the bonds issued to anticipate the collection of that installment become due. Each landowner whose land is in lien for the payment of the bonds shall pay to the treasurer each installment due against his land, with all interest due at that time on that installment and deferred installments, on or before the time fixed by the board for the maturity of the installment. (2) On the first Monday after any installment is due, the board shall meet and ascertain the persons whose installments are in default, and shall, on that date, issue warrants to the sheriff directing him to collect those installments. The sheriff shall collect each installment with interest due on that and deferred installments, together with a penalty of six percent (6%), as state and county taxes are collected, and settle with the board within sixty (60) days from the date the installments were certified to him, and pay to the board the money collected. (3) All land upon which the money due on any installment has not been collected at the end of the said sixty (60) days shall be advertised and sold by the sheriff in the same manner as is provided in the case of state and county taxes. The sale shall be subject to the future installments of the assessments. At the expiration of ninety (90) days from the date of the original certification of the installment to the sheriff, he shall make final settlement with the board and pay to it all money in his hands. If he fails to do this the board may compel him to make settlement by rule against him issued by the court in which the proceeding is pending, after giving him five (5) days' notice in writing. If any land is not purchased at the sale, the sheriff shall purchase it for the district, and in his final settlement with the board shall take a credit. The sheriff shall certify each sale to the county clerk, as required in the sale of land for state and county taxes, and the clerk shall record the sale in the land sale book kept by him. For collecting the assessments certified to him the sheriff shall be paid by the board the same fees allowed him for collecting state and county taxes and in the same manner. For recording the certificate of sale the clerk shall be paid the same fees allowed him by law for similar work in reference to state and county taxes. The owner of the land, or his representatives, heirs or assigns, may redeem the land from the sale in the manner and within the time provided for the redemption of land sold for state and county taxes. Any sheriff who fails to settle and pay off any installment with interest within the proper time shall be liable to the board for the full amount certified to him, with interest. This may be collected from the sheriff by rule issued against him by the court in which the proceeding is pending on five (5) days' written notice. The sheriff shall be liable upon his bonds for his acts done and for the faithful performance of his duties under this section. (4) This section does not deprive the holder of any bond from having all rights by mandamus or otherwise against the board, the sheriff or any other officer or agent of the district having duties to perform under this section. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 274, sec. 59, effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 384, sec. 409, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-34.

KRS 267.340 Refunding bonds

267.340. Refunding bonds Refunding bonds may be issued and sold, and assessments may be levied and collected to retire the refunding bonds, in the manner provided in KRS 269.010 to 269.050. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-34.

KRS 267.350 Board or court may change assessment -- Relevy

267.350. Board or court may change assessment -- Relevy (1) When the county judge/executive has confirmed an assessment for any improvement and it has been modified by a court of superior jurisdiction, or for some unforeseen cause it cannot be collected, the board may change the original assessment to conform to the judgment of the court and to cover any deficit caused by the order of the county judge/executive, or unforeseen occurrence. (2) In any other case where, for any cause, it is ascertained that the amount assessed against the property in the district is not sufficient to complete the improvement provided for, and a petition is filed by the board, or any three (3) or more of the original petitioners, or by the board and three (3) or more of the petitioners, stating the amount of the deficit, the causes thereof and the amount necessary to be raised in order to complete the work, and asking an additional assessment and levy, the county judge/executive shall cause the county clerk to give notice of the filing and purpose of the petition, and shall fix a time between ten (10) and twenty (20) days from the giving of the notice when the petition will be acted upon, and exceptions, answers or objections received. The notice shall be published pursuant to KRS Chapter 424, and posted in at least three (3) public places in the district. Such publication shall be sufficient notice of the proceeding to all parties affected. Upon hearing, if the county judge/executive finds that the additional assessment and levy asked for in the petition are necessary and ought to be made in order to complete the work, he shall direct such assessment and relevy to be made by the board. (3) Any additional assessment and relevy made under this section shall be made in the same ratio on the land benefited as the original assessment, and shall be collected in the same way. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 410, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 187. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-35.

KRS 267.360 Liability of successor in title -- Contribution between several owners

267.360. Liability of successor in title -- Contribution between several owners Any person who acquires title to any land affected by any proceeding under this chapter after the preliminary report of the viewers is filed shall be deemed privy to the person owning or in possession under claim of ownership at the time the preliminary report is filed, and shall be bound to the same extent as the owner at that time would be bound if he had remained the owner. The land assessed shall be liable for the assessment against it, and each assessment or installment shall be paid by the owner in possession at the time it becomes due, but as between vendor and purchaser, and in the absence of any agreement to the contrary, the owner in possession at the time any assessment is certified by the board for collection shall be liable for the tax. Any land in which one person owns the life estate, with the remainder to another, shall be assessed and classified by the viewers as any other land, and the names of both life tenant and remainderman reported, if known, and both brought before the court. The tax shall be assessed against each such tract of land, and may be paid by either the life tenant or the remainderman. When so paid the one not paying shall be liable to the one who has paid for such proportion of the amount paid as his interest in the property bears to the total property assessed, according to the life tables at the time in use in this state. To secure contribution the person paying the assessment shall have, for his own benefit, the same lien that is provided for the original tax, which may be enforced by action in any court of competent jurisdiction. In like manner an owner of an undivided interest in land assessed may pay the whole assessment and be entitled to like contribution and substitution. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-42.

KRS 267.370 Lien of assessments -- Enforcement

267.370. Lien of assessments -- Enforcement (1) The assessment roll and each assessment installment shall be a paramount lien against the lands assessed, subject only to the lien for state and county taxes. (2) Any lien established under this chapter may be enforced by an action in the Circuit Court without regard to the amount of the claim, at any time after December 1 of the year for which the assessment was levied, at which time all unpaid assessments shall become delinquent. The suit shall be brought by the board against the property on which the assessment has not been paid. The suit shall be brought in the county in which the property lies, unless the property sued upon lies in more than one county, in which event the suit may be brought on the whole property in any county in which any part of it lies. In all other respects actions to enforce these liens shall be the same as actions for the enforcement of other liens, but the right to institute such actions shall not prevent sales by the sheriff as in cases of delinquent state and county revenue. The title acquired through any sale of land under this section shall be subject to the lien of all subsequent annual installments of assessments. In all suits for the collection of delinquent assessments the judgment shall include all costs of suit and a reasonable attorney's fee to be taxed by the court. The proceeds of sales made under this section shall be paid into the treasury of the district, and accounted for by the treasurer the same as the assessments. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-31, 2380-34, 2380-45.

KRS 267.380 Validity of proceeding -- Irregularities -- Remedies -- Releases

267.380. Validity of proceeding -- Irregularities -- Remedies -- Releases The assessment roll made up by the board shall be prima facie evidence in all courts that all steps necessary to be taken under this chapter have been properly taken, and that all proceedings are regular and valid. The collection of any assessment shall not be defeated, where the parties are properly before the court, on account of any irregularity in the proceeding that does not affect the substantial rights of the party complaining. Any party or his privies properly before the court under the Rules of Civil Procedure shall be deemed to be before the court for all purposes, and shall be bound by all orders, judgments and proceedings in the case not excepted to or appealed from, in the manner provided for in this chapter. The remedies provided for in this chapter are exclusive of all other remedies. If on appeal or otherwise, or for any cause, any person or property is released, or any assessment raised or lowered, it shall not affect the rights or liability of any other property or person. The failure to appeal within the time prescribed in this chapter shall be a waiver of any right to attack the proceedings. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-45, 2380-49.

KRS 267.390 Maintenance of improvements -- Maintenance assessments

267.390. Maintenance of improvements -- Maintenance assessments (1) Except as otherwise provided in this chapter, all improvements made under this chapter, as well as all public ditches or drains established or constructed under pre- existing laws, shall be under the control and supervision of the board having jurisdiction of the proceedings for the establishment and construction thereof. The board shall keep all such improvements open, free from obstruction and in good repair. For that purpose the board may employ persons and teams, and lease, rent, hire or purchase machinery. (2) For the purpose of providing funds to pay the compensation of the employees of the board, outside of that portion to be paid out of the original assessment on any district, and for the purpose of paying the expense of repairing, keeping open and looking after the various improvements under the charge of the board, the land in each district established under this chapter, as well as the land assessed for each public ditch or system of drainage established under pre-existing laws, shall be assessed in proportion to the original assessment made against the land for the original improvement, except that where a district has been established diverting the course of water, the board may, in order to relieve land taxed and from which water has been diverted, use funds of the district in maintaining the original watercourse. (3) (a) Except as provided in paragraph (b) of this subsection, no assessment in any one (1) year for the purposes prescribed in subsection (2) of this section shall exceed ten percent (10%) of the original assessment against the land, and no more than one (1) assessment shall be made in any one (1) year. (b) In counties having seventy-five (75) or more separate drainage districts or in counties availing themselves of the provisions of this subsection as provided in KRS 267.495, when a petition signed by a majority of the landowners in any drainage district is filed with and approved by the drainage commissioner, the latter may levy a maintenance assessment not exceeding thirty percent (30%) of the original assessment against the land. The number of assessments which may be levied shall be limited as follows: Where the assessment is ten percent (10%) but not over fifteen percent (15%) no more than one assessment may be levied during any eighteen (18) month period; where the assessment is sixteen percent (16%) but not over twenty percent (20%) no more than one assessment may be levied during any two (2) year period; where the assessment is twenty-one percent (21%) but not over twenty-five percent (25%) no more than one assessment may be levied during any two-and-one- half (2 1/2) year period; and where the assessment is thirty percent (30%) but not less than twenty-six percent (26%) no more than one assessment may be levied during any three (3) year period. (c) No assessment shall be made until the board has prepared an assessment roll, in duplicate, stating the name of the owners of the land to be affected, and the amount proposed to be assessed against each tract of land. Both the assessment roll and the duplicate shall be signed by the president and secretary of the board. The original shall be kept on file in the office of the board and the duplicate shall be filed with the collector of the assessment. These additional assessments shall have the same effect as original assessments and be collected in the same manner. They shall be kept separate and deposited with the treasurer, who shall keep the accounts for each district separate. Each warrant drawn shall specify out of which account it shall be paid. (4) The board may compromise and settle, upon such terms and conditions as it deems proper, any maintenance assessment made, levied or assessed prior to February 17, 1936, and may do everything necessary to release and discharge any claim, demand or lien upon land established, made or claimed prior to February 17, 1936, under or by reason of any such maintenance assessment. Effective: June 21, 1974 History: Amended 1974 Ky. Acts ch. 386, sec. 54, effective June 21, 1974. -- Amended 1956 Ky. Acts ch. 235, sec. 4, effective May 18, 1956. -- Amended 1944 Ky. Acts ch. 41, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-7, 2380-39.

KRS 267.400 Superintendent of drainage -- Duties -- Bond -- Compensation

267.400. Superintendent of drainage -- Duties -- Bond -- Compensation The board may employ a competent person as superintendent of drainage, for such time as it deems necessary. He shall be subject to the orders of the board, and shall look after all improvements under charge of the board and keep them clean, open and in good condition. The superintendent shall furnish bond for the faithful performance of his duties, to be approved by the board and to be in such penal sum as the board prescribes, in favor of the board and for the benefit of any party in interest. If no superintendent is appointed, his work may be done by the chief engineer or some other employee designated by the board. The superintendent, with the approval of the board, may employ any assistance necessary to the performance of his duties. All expenses incurred shall be reported by the superintendent to the board, showing the improvement upon which the work was done or expense incurred. The superintendent shall receive a salary fixed by the board, not to exceed five dollars ($5) per day. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-7, 2380-25.

KRS 267.410 Attorney for board -- Agreement -- Duties

267.410. Attorney for board -- Agreement -- Duties The board may employ an attorney. Such employment shall be evidenced by a written agreement which, as far as possible, shall specify the exact amount to be paid to the attorney for all services and expenses. The attorney shall conduct all legal actions in which the board is interested, and shall in all legal matters advise the board and its employees, and generally attend to all matters of a legal nature for the board and district. Where no attorney is employed, such legal services shall be performed by the county attorney. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-46.

KRS 267.420 Fees -- Costs -- Expenses -- Compensation of employees and viewers

267.420. Fees -- Costs -- Expenses -- Compensation of employees and viewers (1) The fees of officers for services rendered under this chapter shall be the same as fees allowed by law for similar services in other cases. Such fees shall be taxed as part of the costs. The county judge/executive shall also include as costs reasonable fees to the attorneys for the petitioners in the proceeding to establish the improvement. All costs shall be paid on the order of the county judge/executive out of the drainage fund. The compensation allowed for services of the engineers, viewers and for all other labor, unless paid out of funds deposited by the petitioners, shall be paid on the order of the county judge/executive out of the drainage fund. If any part of such expense has been paid by the petitioners, or any deposit for that purpose has been made by them, it shall be refunded to them, without interest, out of the drainage fund. If the improvement is not established, all such costs and expenses shall be paid by the petitioners, and they shall be liable for the same on their bond. (2) If any person, including any engineer or viewer, who has performed labor in connection with the improvement up to the time of final reference to the board, desires payment of the amount due up to that time, he may so inform the county judge/executive, which shall thereupon notify the petitioners or their attorneys of record of such fact in writing, stating the amount required, and call upon the petitioners to deposit with the county treasurer an amount sufficient to pay the same. The petitioners shall then deposit that amount within thirty (30) days from the date of receiving the notice. If they fail to pay it within that time, the proceeding may be dismissed at the cost of the petitioners. The treasurer shall pay out the money so deposited with him upon order or warrant of the board, if then appointed, and if not, on order of the county judge/executive. (3) The compensation of the engineer on the board of viewers shall be fixed by the county judge/executive at or before the time of his appointment, by order entered of record. The other viewers shall receive four dollars ($4) per day for the time actually engaged in performing their duties. Rodmen, chain carriers and other laborers employed in the work shall receive not exceeding two dollars ($2) per day for their services. Any fees or compensation not provided for in this chapter shall be fixed by the county judge/executive unless the person providing the services is employed by the board, in which case the board shall fix his fees or compensation. The treasurer shall only pay out money on order of the county judge/executive, or on warrants drawn by the board, signed by its president and countersigned by its secretary. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 411, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-36.

KRS 267.430 Expenses apportioned among districts

267.430. Expenses apportioned among districts The board shall keep a correct account of the time spent by it, and by each employee, and of each item of expense incurred in connection with any district, and shall charge such time or expense to the district for which it was done. Where the time or expense is applied to more than one district at the same time, it shall be apportioned between them. The compensation of any employee who is paid on a salary basis shall be apportioned by the board in such manner as seems equitable to it, and paid out of the funds to the credit of the several districts under the charge of the board. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-38.

KRS 267.440 County treasurer's duties as treasurer of district -- Compensation

267.440. County treasurer's duties as treasurer of district -- Compensation The treasurer of the county in which the district is established shall be treasurer of the district, and the treasurers of the counties other than that in which the proceeding is pending shall pay over to him any funds collected and paid over to them for the benefit of the district, and shall take his receipt therefor in duplicate, the original of which the treasurer paying the money shall keep for his own protection. The duplicate shall be filed in the office of the county clerk of the county of which the person receiving the money is treasurer. The treasurer of any district shall pay the money in his hands upon warrants signed by the president and attested by the secretary of the board, when presented for payment. In all cases where a county treasurer becomes treasurer of a district, he shall be liable upon his general bond as county treasurer to the extent of any funds of such district entrusted to him, but he shall give a supplementary bond in such additional sum as the board may require. As compensation for his services the treasurer shall receive an amount fixed by the board, but not to exceed one thousand dollars ($1,000) in any fiscal year. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-48.

KRS 267.450 Landowner's right to use improvement as an outlet

267.450. Landowner's right to use improvement as an outlet The owner of any land that has been assessed for the cost of any improvement may use the improvement as an outlet for lateral drains from his land. If the land is separated from the improvement by the land of another, and the owners are unable to agree as to the terms on which the one may enter the land of the other and construct the drain or ditch, he may file his ancillary petition in the pending proceeding, and have the same condemned in the same manner as provided in the Eminent Domain Act of Kentucky. When the ditch is constructed it shall become a part of the drainage system and be under the control of, and kept in repair by, the board. Effective: June 19, 1976 History: Amended 1976 Ky. Acts ch. 140, sec. 101, effective June 19, 1976. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-30.

KRS 267.460 Natural drain may become public ditch

267.460. Natural drain may become public ditch Whenever any public ditch or drain established and constructed under this chapter or any pre-existing law empties into a natural drain, creek or nonnavigable watercourse, such natural drain, creek or watercourse from the mouth of the public ditch or drain to the mouth of the natural drain, creek or watercourse shall be a public ditch, and subject in the same manner as other public ditches to the supervision and control of the board. If such natural drain, creek or watercourse below the mouth of the public ditch extends into any other county, the supervision and control of the board of the county in which the public ditch is located shall not extend into the other county beyond the mouth of the public ditch in that county. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-40.

KRS 267.470 Obstructions -- Landowner liable for damage caused by him

267.470. Obstructions -- Landowner liable for damage caused by him (1) If any obstruction exists in any natural drain, creek or nonnavigable stream that constitutes an outlet for any public ditch, as provided in KRS 267.460, and the board considers the removal of such obstruction necessary for the successful operation of the public ditch or drain, the board may have such obstruction removed, paying the cost thereof out of funds collected from any district, ditch or drain for which it is an outlet. If it is an outlet for more than one (1), the expense shall be prorated between them in such manner as the board considers equitable. (2) If any repairs to any improvement or to any natural drain, creek or nonnavigable stream under the control of the board become necessary because of the act or negligence of the owner of any land through which it passes, or his servants or agents, or if the repairs are made necessary by any stock of the landowner, his servants or agents, the repairs necessary to restore it to its previous condition shall be made by such owner at his own expense. The superintendent of drainage shall notify the owner of any such obstruction. If the owner fails to remove it within thirty (30) days thereafter, the superintendent shall have it removed, paying the cost in the same manner as provided in subsection (1) of this section. Any amount so paid, with interest at the rate of six percent (6%) per annum, shall be charged to the landowner in fault, and may be recovered by the board in any court of competent jurisdiction, and shall constitute a lien upon the land that may be enforced as other liens. Any amount so recovered shall be returned to the fund from which it was paid. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380-41, 2380-43.

KRS 267.480 Damage or obstruction of improvement

267.480. Damage or obstruction of improvement No person shall damage or obstruct any improvement or waterway under the control of the board. No person shall place any floodgate, bridge or fence across the same, unless the right so to do is first obtained from the board by order entered upon its record specifying the kind of floodgate, bridge or fence, and the same shall be erected only in accordance with that order. The superintendent of drainage shall see that this section and KRS 267.470 are enforced. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-43.

KRS 267.490 Drainage commissioner and board of supervisors in counties having seventy-five or more districts or operating under KRS 267.495

267.490. Drainage commissioner and board of supervisors in counties having seventy-five or more districts or operating under KRS 267.495 (1) In all counties having seventy-five (75) or more drainage districts or in all counties availing themselves of the provisions of this section as provided in KRS 267.495, a drainage commissioner shall be appointed as provided in subsection (5) of this section who shall have and exercise all of the powers and duties vested in directors and boards of drainage commissioners elected under the provisions of KRS 267.090 and 267.100. The person so appointed shall hold office for a term of one (1) year and until his successor shall be appointed and qualify. He shall execute bond for the faithful performance of his duties in the penal sum of five thousand dollars ($5,000) and shall be sworn to faithfully perform the duties of his position to the best of his ability. Any vacancy in said office shall be filled by the board of supervisors. (2) The commissioner may acquire, hold, encumber, sell and convey any property necessary to the conduct of his affairs as commissioner, may sue and be sued, contract and be contracted with, and shall possess any other powers and rights necessary for carrying on his work under the provisions of this chapter. No sale or conveyance of real property shall be made by the commissioner without the written consent of the board of supervisors duly entered in the minutes of the board. (3) The commissioner shall be paid as full compensation for his services an amount fixed by the board of supervisors at the time of his appointment as reasonable, provided the amount is within available funds and not inconsistent with legal limitations on salaries. In addition, the commissioner shall be reimbursed for all traveling expenses incurred in the performance of his duties which, with the salary, shall be paid out of the drainage funds. (4) With the approval of the board of supervisors, the commissioner may appoint a secretary-treasurer and fix his compensation. The secretary-treasurer shall collect and receive all moneys due to the drainage commissioner by reason of assessments and otherwise, and shall disburse the same as directed by the drainage commissioner. The secretary-treasurer shall execute bond to the Commonwealth of Kentucky for the use and benefit of the drainage districts in the county, in a penal sum to be fixed by the county judge/executive, and shall make an annual report to the board of supervisors of all collections and disbursements. The commissioner shall submit an audit of the drainage funds biennially to the board of supervisors. (5) A board of five (5) supervisors shall be established as provided in this subsection. The county judge/executive shall call a general meeting during the month of May wherein owners of lands included in established drainage districts shall be eligible voters. In a general way, the judge shall indicate, at such meeting, five (5) divisions of the total drainage district areas that will be somewhat equal in terms of area of land. Landholders in each division so defined by the county judge/executive shall elect by vote one (1) of their number. The judge may hold elections for all such divisions on a given day or designate two (2) or more days for such elections. The term of office will be four (4) years, except that after the first election the five (5) supervisors shall cast lots by which two (2) shall be selected for two (2) year terms and three (3) for four (4) year terms. Thereafter similar elections shall be held biennially and for four (4) year terms. The supervisors within two (2) weeks following their election shall elect from their number a chairman and vice chairman. A secretary-treasurer shall be elected who may or may not be of their number. At this meeting the supervisors shall fix the number, time and place of regular meetings. Special meetings of supervisors may be on call of the chairman. The board of supervisors shall have the authority to fix salaries as provided above, to determine qualification standards for a drainage commissioner, secure and appoint such commissioner, to counsel and advise with the commissioner for the purpose of effecting the greatest good to the greatest number of land owners within the district, and shall receive and record reports of progress from the commissioner. Any vacancies in the board of supervisors due to death, resignation, or incapacity to serve shall be filled by appointment made by the county judge/executive. (6) The board of supervisors shall have the power and authority to equalize assessments of all lands of like classification for, and only for, the purpose of providing funds to purchase machinery and equipment necessary in carrying out the work of the commissioner. Effective: May 18, 1956 History: Amended 1956 Ky. Acts ch. 235, sec. 5, effective May 18, 1956. -- Amended 1950 Ky. Acts ch. 160, sec. 1. -- Amended 1942 Ky. Acts ch. 33, secs. 1 and 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380c-1, 2380c-2.

KRS 267.495 Board may elect for county to be subject to provisions of KRS 267.390(3)(b) and 267.490

267.495. Board may elect for county to be subject to provisions of KRS 267.390(3)(b) and 267.490 The board of drainage commissioners of any county, regardless of the number of drainage districts contained therein, may by resolution of the said board certified to the county judge/executive, elect for such county to be subject to the provisions of KRS 267.390(3)(b) and 267.490. Effective: May 18, 1956 History: Created 1956 Ky. Acts ch. 235, sec. 1, effective May 18, 1956.

KRS 267.500 Repealed, 1984

267.500. Repealed, 1984 Catchline at repeal: Establishment of separate districts. History: Repealed 1984 Ky. Acts ch. 64, sec. 19, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380- 19.

KRS 267.510 Board for separate district -- Election -- Term -- Vacancies

267.510. Board for separate district -- Election -- Term -- Vacancies (1) As soon as practicable after the judgment establishing a separate drainage district becomes final, the county judge/executive shall, with the advice and assistance of the engineer, enter an order dividing the district into three (3) precincts, as near equal in area of lands reported as benefited as is practicable, and calling a meeting of the landowners affected, to be had at some public place in the county in which the proceeding is pending, at a day and hour fixed in the order. The date for the meeting shall be not less than twenty (20) days from the entry of the order calling it. The county clerk shall give notice of the meeting by publication pursuant to KRS Chapter 424, and by posting not less than five (5) posters in different public places in the district at least fifteen (15) days before the date set. The landowners, when assembled, shall organize by the election of a chairman and secretary of the meeting, who shall conduct the election. At this election each acre of land, as near as may be arrived at by estimate or from the evidence heard before the county judge/executive on the cross-petition, shall represent one (1) share, and each owner shall be entitled to one (1) vote for each share estimated to be owned by him in the district. The name of at least one (1) person shall be put in nomination for the office of district commissioner from each of the three (3) precincts. The one (1) person from each of the three (3) precincts receiving the highest number of votes shall be declared elected as district commissioner. The district commissioner shall immediately by lot determine the terms of their office, which shall be, respectively, one (1), two (2) and three (3) years, and shall serve until their successors are elected and qualified. (2) Each year after the election of the first district board, at such time and place in the district as the district board designates, and after notice, as above provided, the landowners in the district shall meet and elect one (1) district commissioner, who shall be an owner of land in the same precinct as that in which the district commissioner whose term is about to expire owns land, and who shall hold office for three (3) years and until his successor is elected and qualified. In case of a vacancy in any office of district commissioner, the remaining district commissioners may fill the vacancy, with some person having the precinct qualification, until the next annual election, when a successor shall be elected for the unexpired term. A district commissioner whose term is expiring shall be eligible for reelection. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 412, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 188. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-20.

KRS 267.520 Powers and duties of district board

267.520. Powers and duties of district board The persons elected on the district board shall qualify and organize in the same manner as the county board, and shall thereupon be a body corporate with like powers, duties and responsibilities, within their respective districts, as is conferred upon the county board, and with full jurisdiction and control over the work provided for and established under the proceeding in which their election was provided for, or connected therewith. The district board shall continue in existence only so long as necessary to complete the work in the proceeding in which it was elected, and to pay off all bonds that have been issued. When the work is completed and paid for, and the bonds issued by the district have been fully paid off and satisfied, the improvement of the district, established and constructed by the district board, shall be turned over to the county board, and the district board shall then cease to exist, the district to continue by the same name or number under the jurisdiction and control of the county board. Until all bonds issued by the district board are paid off and the work turned over to the county board, the district board shall have the same authority as the county board to levy maintenance assessments to keep the improvements in repair, and to do anything in connection with the district that the county board could do. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-21.

KRS 267.530 Amendment of order establishing district

267.530. Amendment of order establishing district The order of the court by which any district is organized under this chapter may be amended at any time by adding, omitting or correcting the name of any landowner, and by adding, omitting or correcting the description of any land within or alleged to be within the district, or by amending the decree of incorporation in any manner necessary to better fulfill the object of the district. When any such amendment is desired, the board shall present a supplemental petition to the court, setting forth the amendment desired, with the name of the owner and a description of the land affected by the proposed amendment. If the owner of the land is not a party to the original proceeding, he shall be brought before the court in the same manner and with the same rights as an original party to the proceeding. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-22.

KRS 267.540 Enlargement of district

267.540. Enlargement of district Any drainage district organized under the provisions of this chapter may be enlarged and the boundaries extended so as to include other contiguous land, in the manner set forth in this section. The board may present a petition to the county judge/executive who organized the district, asking that the boundaries of the district be extended and such outlying land be included in the district, particularly describing the land and giving the name of the owner. When such petition is filed, the owner of any land to be included in the district shall be brought before the county judge/executive in the same manner as an original party to the proceeding, with the same right to protest against the proposed action or file exceptions thereto. If no objection is made to the petition, the county judge/executive shall order the land included and the boundaries enlarged or extended as prayed. If any objection is made, the county judge/executive shall hear the objection and shall order all or any part of the land included as appears just, and the boundaries shall be ordered changed accordingly. The land so included shall be subject to all dues, assessments and liabilities and entitled to all the benefits and privileges of the district the same as the land originally incorporated. The owner of any land contiguous to any such district may by petition to the county judge/executive and with the consent of the board have his land annexed to the district on such terms as the county judge/executive may deem just, and thereafter his land shall be part of the district the same as the other land in the district. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 413, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-23.

KRS 267.550 Fiscal court to control improvements made by general taxation -- Use

267.550. Fiscal court to control improvements made by general taxation -- Use Nothing in this chapter shall deprive any fiscal court of its jurisdiction and control over any levee, ditch or drain established or constructed by authority of the fiscal court, payment for which was or is made by general taxation or out of the public revenue of the county. Any such drain may be utilized as an outlet for any improvement established under this chapter. The fiscal court may delegate to the board of drainage commissioners control over any levee, ditch or drain so established by it, upon such terms and conditions as may be agreed upon between them. The agreement shall be written, approved by the fiscal court and the board of drainage commissioners, and recorded upon the minutes of the proceedings of both bodies. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-24.

KRS 267.560 Appropriations to aid district

267.560. Appropriations to aid district The fiscal court of any county may, when in its judgment the public interests and welfare justify it, make appropriations to aid any drainage district of the county in making or maintaining any improvement. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-24.

KRS 267.570 Discontinuance of improvements

267.570. Discontinuance of improvements At any time a majority in number and amount of those assessed for the maintenance of any improvement may petition the county judge/executive for a discontinuance of the improvement. The petition shall give the names of all persons interested in the maintenance of the improvement and owning land in the district. The county judge/executive shall set a hearing date not less than fifteen (15) days after the filing of the petition, and shall issue notices and cause them to be served upon all parties interested, notifying them of the date that the county judge/executive will consider the petition. If no valid reason is shown against the discontinuance of the improvement, the county judge/executive shall enter an order discontinuing it, after which it shall cease to be a public improvement. An appeal may be had from the order to the Circuit Court, as provided in the establishment of improvements. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 414, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-49a.

KRS 267.990 Penalties

267.990. Penalties (1) Any railroad company that fails to remove obstructions and allow construction on its right-of-way as required by KRS 267.270 shall be subject to a penalty of fifty dollars ($50) per day for each day of delay, to be collected by the board for the benefit of the district in any court having jurisdiction. (2) Any landowner who fails to remove any obstruction or make any repairs as required by subsection (2) of KRS 267.470, within thirty (30) days after being notified by the superintendent of drainage, shall be fined not less than ten ($10) nor more than one hundred dollars ($100). (3) Any person who violates any of the provisions of KRS 267.480 shall be fined not less than ten ($10) nor more than one hundred dollars ($100). Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380-13, 2380-43.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38510Fetched: 10/20/2026