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Form a Business

DRAINAGE AND RECLAMATION ACT OF 1918

KRS tit. XXII, ch. 268
in effect

KRS 268.010 Definitions

268.010. Definitions As used in this chapter unless the context otherwise requires: (1) "Appraisers" means the board of appraisers appointed by the court. (2) "Board" means the board of drainage commissioners of the district. (3) "District" or "drainage district" means any drainage, levee or reclamation district established under this chapter or under the control of the board. (4) "Drain" includes any ditch, canal, sewer, channel, watercourse, conduit, stream, creek, river, pond, lake, bayou, sluice, or excavation used for the drainage or reclamation of wet or swampy land. (5) "Improvement" means any drain or other work provided for in KRS 268.510, constructed or used for the purposes set out in this chapter. (6) "Owner" means any person owning a freehold estate in any property in the district or affected by it according to the report of the board of viewers, and shall not include trustees or mortgagees. (7) "Property" includes land, railroads, sewers, streets and public highways. (8) "Sheriff" means any collecting officer. (9) "Viewers" means the board of viewers appointed by the court. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-1, 2380b-3, 2380b-5, 2380b-6, 2380b-12, 2380b-18, 2380b-20, 2380b-28a, 2380b-32, 2380b-36, 2380b-40, 2380b-41, 2380b-43, 2380b-50, 2380b- 57, 2380b-58, 2380b-61.

KRS 268.015 Compliance with KRS 65A.010 to 65A.090

268.015. 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. 77, effective March 21, 2013.

KRS 268.020 County may establish district

268.020. County may establish district Any county may, in accordance with the procedures of KRS 65.182, establish, organize, and provide for the operation and maintenance of drainage, levee and reclamation districts. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 100, sec. 28, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 225, effective January 2, 1978. -- Amended 1960 Ky. Acts ch. 104, sec. 17, effective June 16, 1960. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b- 1, 2380b-2.

KRS 268.030 Repealed, 1984

268.030. Repealed, 1984 Catchline at repeal: Proceedings to establish district -- County that has jurisdiction. History: Repealed 1984 Ky. Acts ch. 100, sec. 30, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 226, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-3.

KRS 268.040 Repealed, 1984

268.040. Repealed, 1984 Catchline at repeal: Petition for improvement -- Bond. History: Repealed 1984 Ky. Acts ch. 100, sec. 30, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 227, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-3.

KRS 268.050 Repealed, 1978

268.050. Repealed, 1978 Catchline at repeal: Petition to refer to this chapter. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-3.

KRS 268.060 Repealed, 1984

268.060. Repealed, 1984 Catchline at repeal: Board of viewers -- Appointment -- Qualifications -- Oath. History: Repealed 1984 Ky. Acts ch. 100, sec. 30, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 228, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-4, 2380b-5.

KRS 268.070 Repealed, 1984

268.070. Repealed, 1984 Catchline at repeal: Examination and report of viewers. History: Repealed 1984 Ky. Acts ch. 100, sec. 30, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 141, sec. 80, effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 396, sec. 85, effective July 1, 1982. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-5. Note: 1980 Ky. Acts ch. 396, sec. 85 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1,1982.

KRS 268.080 Repealed, 1984

268.080. Repealed, 1984 Catchline at repeal: Notice of fiscal court proceeding. History: Repealed 1984 Ky. Acts ch. 100, sec. 30, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 229, effective January 2, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 189. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-6.

KRS 268.090 Repealed, 1984

268.090. Repealed, 1984 Catchline at repeal: Clerk's certificate of notice. History: Repealed 1984 Ky. Acts ch. 100, sec. 30, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 230, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-6.

KRS 268.100 Repealed, 1978

268.100. Repealed, 1978 Catchline at repeal: Proceeding on unfavorable viewers' report. History: Repealed 1976 Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-7.

KRS 268.110 Repealed, 1978

268.110. Repealed, 1978 Catchline at repeal: Clerk's certificate constitutes service on process--Jurisdiction of court. History: Repealed 1976 Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-8.

KRS 268.120 Repealed, 1978

268.120. Repealed, 1978 Catchline at repeal: No change of venue--Special judge shall act. History: Repealed 1976 Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-39.

KRS 268.130 Repealed, 1984

268.130. Repealed, 1984 Catchline at repeal: Hearing by court on exceptions to viewers' report -- Order to establish district. History: Repealed 1984 Ky. Acts ch. 100, sec. 30, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 231, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-9.

KRS 268.140 Repealed, 1984

268.140. Repealed, 1984 Catchline at repeal: Order establishes district -- Owners bound by order -- Fees of county officers -- Duties of clerk. History: Repealed 1984 Ky. Acts ch. 100, sec. 30, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 232, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-10, 2380b-40, 2380b-49.

KRS 268.150 Repealed, 1984

268.150. Repealed, 1984 Catchline at repeal: Orders referring district to board and continuing proceedings. History: Repealed 1984 Ky. Acts ch. 100, sec. 30, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 233, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-11.

KRS 268.160 Election of board -- Qualifications -- Bond -- Officers -- Powers

268.160. Election of board -- Qualifications -- Bond -- Officers -- Powers (1) The county judge/executive shall divide the district into three (3) precincts as nearly equal in area as practicable, following owners' property lines, and immediately upon such division he shall appoint a temporary secretary to act for the district board. The secretary for the board shall record the result of the division of the district into precincts in the drainage record. (2) The secretary shall give twenty (20) days' notice by posting three (3) notices in each precinct of the district and by publication pursuant to KRS Chapter 424, informing the owners of the district that they may vote for a drainage commissioner for each precinct and a secretary for the board and the district, within a stated time. The vote shall be taken by the owners filing a written designation of choice, together with the number of acres the voter owns in the district, or if benefits have been confirmed the amount of benefits assessed against the owner's land, with the county judge/executive. Each acre owned and assessed in the district shall count one (1) vote, or if benefits have been confirmed each one hundred dollars ($100) or fraction thereof in benefits assessed against the voter's land shall count one (1) vote for secretary and drainage commissioner. The votes of the owners, when cast and filed with the county judge/executive, shall be recorded by the secretary of the board in the drainage record immediately after the expiration of the time for casting the vote. Votes shall be filed with the county judge/executive by the first Monday in April for drainage commissioner and for secretary, for a term of one (1) year beginning on the first Monday of May following. If there is a tie vote in any contest the judge of the county where the district has been established shall cast the deciding vote. (3) The board shall consist of three (3) members, being the persons who have received the largest number of votes in each of the three (3) precincts. The secretary shall be the party who received the largest number of votes from the district at large for that office. The board shall elect some responsible resident of the district, who is not a member of or secretary to the board, as treasurer. The treasurer shall be paid whatever salary the board deems proper, and shall execute bond as the board directs. One (1) month after the advertised election is completed, or on the first Monday in May if not an advertised election, the elected officers shall take charge of the drainage record and all records, maps, papers and property belonging to the district, except money in the hands of the treasurer. (4) No one except an owner of land in the precinct for which he acts shall be eligible for drainage commissioner. Each commissioner shall be a freeholder and over twenty-one (21) years of age. The board shall have control of all improvements in the district, except as otherwise provided. Vacancies in the office of board member or secretary shall be filled by a special election after due advertising. Each drainage commissioner when elected shall execute bond for the faithful performance of his duties in the sum of $2,500 and shall be sworn to perform the duties of his office to the best of his ability. (5) Immediately upon election and qualification, the board shall become a body corporate, under the name and style of the "Board of Drainage Commissioners of .... District," with all the powers of a corporation or as necessary to carry on its work. It shall use a corporate seal which it may change at pleasure. The board shall elect from among its members a president, and a vice president. Effective: October 1, 1942 History: Amended 1966 Ky. Acts ch. 239, sec. 190. -- Amended 1944 Ky. Acts ch. 109, sec. 2. -- Amended 1942 Ky. Acts ch. 189, secs. 1, 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-12.

KRS 268.170 Office and meetings of the board -- Records -- Reports -- Expenses

268.170. Office and meetings of the board -- Records -- Reports -- Expenses (1) The board shall furnish its secretary with the necessary office room, furniture, fixtures, stationery, maps, plats, typewriter, and postage. The board shall meet as often as necessary for the proper discharge of duties at whatever places these duties require within the county in which any part of the district lies. The board shall keep complete records of its proceedings, which shall be at all times open to the inspection of the public. (2) The treasurer of the board shall, by May 1 of each year, make a complete and itemized report of its accounts and doings during the previous year, showing the amount of money received and from what source and the amount paid out and for what purposes. This report shall be spread upon the records and open for public inspection, and shall be submitted to the Department for Local Government as required by KRS 65A.020. (3) All expenses incurred by the board shall be taken out of drainage funds and not from any general funds of the county. The commissioners shall be paid not more than three dollars ($3) per day while actually engaged in the performance of their duties as well as all traveling expenses incurred in attending any meeting of the board or in the performance of their duties, to be paid out of the funds of the district. Effective: March 21, 2013 History: Amended 2013 Ky. Acts ch. 40, sec. 78, effective March 21, 2013. -- Amended 1966 Ky. Acts ch. 239, sec. 191. -- Amended 1942 Ky. Acts ch. 189, secs. 1, 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-12.

KRS 268.180 Board levies preliminary tax -- Purpose -- Collection -- Surplus to district fund

268.180. Board levies preliminary tax -- Purpose -- Collection -- Surplus to district fund (1) As soon as a district is referred to it by the court, the board shall levy a uniform tax of not more than fifty cents ($0.50) per acre upon each acre of land within the district, as shown by the viewers' report, to be used to pay the expenses incurred in establishing the district, or to be incurred in organizing the district, making surveys and assessing benefits and damages and to pay other expenses necessary to be incurred before the board may provide funds to pay the total cost of improvements of the district. If the boundaries of the district are extended so as to include property not described and contained in the report of the viewers approved by the court, the same uniform tax shall be made on such other property as soon as it is included in the district. (2) This tax shall be payable as soon as levied. If not paid by December 1 of the year in which it is levied, it shall become delinquent and be returned to the sheriff of the county in which the property is located by the board. It shall be collected by the sheriff in the same manner and bear the same penalty as general state and county taxes. This tax shall be a lien on the property against which it is levied from the time of the levy. (3) In case the sum received from the levy exceeds the total cost of items for which it has been levied, the surplus shall be placed in the general fund of the district and used to pay the cost of construction. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-13.

KRS 268.190 Attorney for board -- Duties -- Assistants

268.190. Attorney for board -- Duties -- Assistants Within thirty (30) days after any district has been organized and referred to it, the board shall employ an attorney to advise it and to act for the district. This attorney shall conduct all actions in court where the district is interested, and advise the board and its employees or agents, and generally attend to all matters of a legal nature for the board and district. The board may, with the advice of the attorney, employ other attorneys. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-33.

KRS 268.200 Superintendent of drainage -- Assistants -- Duties -- Bond -- Expenses

268.200. Superintendent of drainage -- Assistants -- Duties -- Bond -- Expenses The board may appoint a competent person as superintendent of drainage, who shall be subject to the orders of the board. He shall look after and keep clean, open and in good condition all public drains and other improvements under the charge of the board. The superintendent shall furnish bond to be approved by and in favor of the board, for the benefit of any party in interest. If no superintendent is appointed, the work provided for in this section may be done by the chief engineer, or other employees as the board may direct. The superintendent, with the approval of the board, may employ any help necessary to the performance of his duties. All expenses incurred shall be reported by the superintendent or other employee to the board, and the report shall show the improvement upon which the expense was incurred. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-51.

KRS 268.210 Compensation of officers and employees -- Selection of treasurer

268.210. Compensation of officers and employees -- Selection of treasurer (1) Attorneys selected by the petitioners to prepare and file ex parte petitions for the establishment of any district shall faithfully perform the duties of attorney in such proceedings, aid in the preparation of all reports of the viewers, and do any other work necessary until judgment is rendered on the exceptions to the viewers' preliminary report, establishing or refusing to establish the district, at which time their duties shall cease. If the district is established the court organizing it shall allow the attorney representing the petitioners a reasonable fee for the service actually rendered, to be taxed as a part of the cost of the proceeding, and paid by the board out of the funds belonging to the district when funds come into their hands. (2) The compensation of the engineer who is a member of the board of viewers shall be fixed by the fiscal court at or before the time of his appointment, by order entered of record. The other viewers and the members of the board of appraisers shall be paid five dollars ($5) per day for the time actually engaged in performing their duties. Rodmen, chain carriers and other laborers employed in the improvement shall receive three dollars ($3) per day for their services. (3) The secretary of the board shall receive three dollars ($3) per day for attending the meetings of the board and ten cents ($0.10) per one hundred (100) words for matter required to be written or recorded by him. (4) The treasurer shall receive not more than one percent (1%) for receiving and disbursing funds under the control of the board. If any bank or any qualified person will execute proper bond and serve as treasurer without remuneration or will pay the district a fee for being allowed to serve as treasurer with the privilege of selecting the depository of the funds, that bank or person may be appointed treasurer within the discretion of the board. The board shall receive bids or terms from all the banks of the city where its office is located that desire to act as treasurer, and select the bank or person that will best serve the interest of the district. (5) The board, except where otherwise provided, shall by resolution at the time of employing or appointing any person to render services, provide for reasonable compensation for the work done and necessary expenses. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 234, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-40.

KRS 268.220 Treasurer acts for all boards in county -- Bond -- Audit of books -- Statement of accounts -- Issue and form of warrant -- Interest on unpaid warrants

268.220. Treasurer acts for all boards in county -- Bond -- Audit of books -- Statement of accounts -- Issue and form of warrant -- Interest on unpaid warrants (1) The treasurer of the board in any county shall hold the office of treasurer of all districts organized in that county, and shall receive and receipt for all the drainage assessments collected by the sheriff. He shall give bond in the amount fixed by the board. This bond shall remain in the custody of the president of the board and be kept separate from all papers in the custody of the secretary or treasurer. The treasurer shall keep all funds deposited in some bank, to be designated by the board. All interest paid on the fund shall be credited to the district. The board shall have the books of the treasurer audited by a competent accountant appointed by it, as of December 31 in each year, and shall file a copy of the auditor's report with the clerk of the court where the district was organized, and publish a statement within thirty (30) days showing the amount of money received, the amount paid out during that year and the amount in the treasury at the beginning and end of the year. (2) The treasurer shall pay out funds of the district only on warrants issued by the board. Warrants shall be issued only on the order of the board at a regular meeting, of which a record shall be kept. Warrants shall be signed by the president of the board and attested by the secretary. All warrants shall be in substantially the following form: "$........................... fund .................. No. of warrant .............................. treasurer of district No. .................. of .................. County (or Counties), Kentucky. "Pay to ............. dollars out of the money in .................. fund of the district. For .................. By order of board of drainage commissioners of .................. County. This ............. day of .................., 19......... (Seal) President of board of drainage commissioners of ............. County Attest: ............. Secretary." (3) If any warrant is not paid when presented to the treasurer because of lack of funds in the treasury, that fact shall be endorsed on the back of the warrant, and it shall draw interest thereafter at the rate of six percent (6%) per annum, until there is money on hand to pay it with interest then accumulated. No interest shall be allowed on any warrant after that time. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-31, 2380b-38.

KRS 268.230 Record of proceedings of the board

268.230. Record of proceedings of the board The board shall keep a well-bound book entitled "Record of Board of Drainage Commissioners of .... County, Kentucky," in which shall be recorded the minutes of all meetings, proceedings, certificates, bonds given by all employees, accounts and expenditures allowed and orders paid and all corporate acts in reference to the district. This record shall be open at all times to the inspection of anyone interested. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-34.

KRS 268.240 Board to keep account of time and expenses -- Apportionment -- Annual report of officers

268.240. Board to keep account of time and expenses -- Apportionment -- Annual report of officers The board shall keep a correct account of the time spent by it, by the engineer, superintendent and all other employees, and of each item of expense incurred in connection with the district, and charge it to the district for which it was done. If the expense is upon more than one (1) district at the same time, it shall be apportioned between them. Every salary fixed by the board shall be apportioned by the board and paid out of the funds to the credit of the districts benefited. On the first Monday of December of each year all officers shall report in detail to the board. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-49.

KRS 268.250 Chief engineer -- Powers and duties -- Report -- Compensation of engineers

268.250. Chief engineer -- Powers and duties -- Report -- Compensation of engineers (1) When the board undertakes to establish or construct any improvement, it shall appoint a competent civil engineer as chief engineer, who may be an individual or a corporation, and who shall engage such assistants as the board approves. The chief engineer shall have control of the engineering work in the district. He may, with the consent of the board, consult any eminent engineer and obtain his opinion and advice concerning the plans for the district. He shall make all necessary surveys of the property within the district, and of any adjacent property that may be affected. (2) The engineer shall make a written report to the board, with maps and profiles of the surveys, containing a plan for draining, leveeing and reclaiming the property from overflow or damage by water. These maps and profiles shall also indicate, so far as necessary, the physical characteristics of the land and the location of any cities, public roads, streets, railroads, drains and other property located on the land. The report shall also contain an accurate description of each tract of land within the district, giving the name of the owner and his post office address, and a statement showing the quantity of land. The report shall also include a property map, showing the boundary of each tract of land, the quantity of land in each tract, the name of the owner, and all streams, roads, railroads, and the location of all proposed improvements. Everything filed by the engineer shall be made in triplicate by him, one (1) marked original and the others duplicates. The original shall not be withdrawn from the custody of the secretary of the board, but the duplicates may be withdrawn for use by the viewers, the board, or for use on the work by the engineer or contractor, receipted for by the person withdrawing it and returned in due time. (3) The compensation to engineers for making the preliminary survey and plan shall not exceed ten dollars ($10) per day and actual expenses. The compensation of any consulting engineer shall not exceed thirty dollars ($30) per day, nor shall a consulting engineer in any district be employed for more than ten (10) days. All engineering fees in the organization of a district under employment by the board shall not exceed five percent (5%) of the gross cost of the improvement made. When any fees are sought to be allowed in excess of the above schedule and entered into the total costs as the basis for making the levy of assessments, permission shall first be obtained from the fiscal court. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 235, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-14, 2380b-55.

KRS 268.260 Plan for reclamation -- Board appoints appraisers -- Duties -- Oath -- Election of chairman

268.260. Plan for reclamation -- Board appoints appraisers -- Duties -- Oath -- Election of chairman (1) The report of the chief engineer shall be known as the "plan for reclamation." When it is filed, the board shall meet and receive and adopt it, with any modifications determined upon. After the plan has been adopted, the board shall refer the proceeding to a board of appraisers, to then be appointed by the board of drainage commissioners, consisting of three (3) resident freeholders of any county in which the district is located who are in no way interested in the proceedings and not of kin within the second degree of consanguinity to any person owning land in the proposed district. They shall appraise the property, assessing benefits and damages based on the doing of the work as described and set forth in the plan for reclamation approved by the board. The secretary of the board shall transmit to the appraisers a certified copy of the plan for reclamation which has been approved by the board. (2) Each appraiser, at a meeting to be held as soon as possible thereafter, shall take and subscribe to an oath that he will faithfully and impartially discharge his duties and make a true report of the work done by him. The appraisers shall, at the same meeting, organize by electing a chairman. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 236, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-15.

KRS 268.270 Appraisers' work and report on benefits and damages -- Cost of improvement

268.270. Appraisers' work and report on benefits and damages -- Cost of improvement (1) Within ten (10) days after being sworn as provided by KRS 268.260, the appraisers shall begin their duties. They may at any time call upon the attorney of the district for legal advice and information relative to their duties, and the chief engineer or one (1) of his assistants shall accompany them at all times and render his opinion in writing when called for. (2) The appraisers shall view the premises and determine the value of all property subject to assessment, or which is to be acquired or used as set out in the plan for reclamation. They shall appraise each tract of land separately, and assess the amount of benefits and damages that will accrue to each separate piece of property as a result of execution of the plan for reclamation as adopted by the board. (3) The appraisers, in assessing the benefits to property not traversed by the improvements as provided for in the plan for reclamation, shall not consider what benefits will be derived by such property after other improvements or plans have been constructed, but they shall assess only the benefits that will be derived from the construction of the improvements set out in the plan for reclamation, or as such improvements may afford an outlet for drainage or protection from overflow of that property. The appraisers shall give due consideration and credit to any other improvements or systems of reclamation that have already been constructed and that afford partial or complete protection to any property in the district. The property shall be assessed according to the increased physical efficiency and decreased annual average maintenance cost by reason of the protection to be derived from the proposed improvements capitalized upon a six percent (6%) basis. The appraisers shall not change or modify the plan for reclamation. (4) The appraisers shall prepare a written report of their findings, signed by at least two (2) of them. They shall make three (3) copies of the report, to be filed with the secretary of the board. This report shall contain a statement of their findings on the following facts: A description of each parcel of property, as described in the engineer's report containing the plan for reclamation; the name of the owner; the name of the county in which it is located; the present value of each separate tract of land per acre; the number of acres in each tract; the quantity of land in each tract to be taken or used; the value of the land to be taken or used; the consequential damage to any property that will result from making the improvement; the enhancement of value of each tract, by the acre, which will result from the improvement; the number of acres in each class of benefits as classified by them. (5) Each tract shall be reported separately. Substantially the following form shall be followed in this particular: "(Name of district) _____________ (drainage), (levee), (reclamation) District, located in the County of ____________, Kentucky. "Name of owner ______________ Post office address ______________ (Description of land). Located in ______________ County. Number of acres in tract _________ Present value of land per acre $_______ Quantity of land to be taken or used ____________ Value of land to be taken or used $____________ Consequential damages to adjacent lands ______________ Enhancement of value of land which will result from the improvement per acre $____________ No.of acres in tract in class A _____________________________ No.of acres in tract in class B _____________________________ No.of acres in tract in class C _____________________________ No.of acres in tract in class D _____________________________ No.of acres in tract in class E _____________________________ No.of acres in tract in class _______________________________ Remarks: _________________________" (6) If the appraisers find any property outside of the district that will be damaged by the proposed improvement, or that must be taken for any improvement set out in the plan for reclamation, they shall give the name of the owner and a description of the property separate from the regular report but attached to it. (7) They shall also, with the advice of the engineer, estimate and tabulate the cost of improvements set out in the plan for reclamation, to include cost of all property, damages, and the probable expenses of organization and administration estimated by the board. (8) The secretary of the board or his deputy shall accompany the appraisers while engaged in their duties, and shall perform all their clerical work. He shall also, under the supervision of the attorney for the district, prepare their report. The appraisers shall report to the board the number of days each was employed and the actual expenses incurred. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 237, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-16.

KRS 268.280 Notice of hearing on appraisers' report -- Form

268.280. Notice of hearing on appraisers' report -- Form (1) When the report of the appraisers is filed the secretary shall cause a notice to be sent to each landowner named in the report whose property is shown to be affected by the proposed improvement. (2) The notice given by the secretary shall be substantially as follows: "In re drainage district No. .... of .... County (or of .... Counties), Kentucky. "Notice is hereby given to all owners of property in (drainage), (levee), (reclamation) district known as (insert name of district), the boundaries of which district are as follows: (here insert boundary description and also a separate description of any property added by the appraisers, together with the name of the owner), and to all persons whose property may be affected, that the board of appraisers has filed in the office of the secretary of the board its report in which it states and shows the benefits, damages and the assessments of benefits made upon all property in the district, the classification thereof and an appraisal of the value of the property necessary to be taken or used, or which will be affected by the making of the improvement. This proceeding is set for hearing on the .... day of ...., 19... . The report is on file in my office and subject to inspection by any person. Any person desiring to file written objections thereto, must do so on or before the day set for the hearing. Upon your failure to appear or file written objections to the report by that date, it will be construed by the board that you have no reasons to offer why it should not be confirmed. "Done by me as secretary of the .... board on this the .... day of ...., 19... ............. Secretary." (3) The clerk shall also post a copy of the above notice at the front door of the courthouse of the county where the proceeding is pending, within five (5) days after the report is filed in his office, and shall cause it to be published pursuant to KRS Chapter 424. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 238, effective January 2, 1978; ch. 140, sec. 102. -- Amended 1976 Ky. Acts ch. 140, sec. 102. -- Amended 1966 Ky. Acts ch. 239, sec. 192. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-17.

KRS 268.290 Determination of correctness of appraisers' report -- Proceeding to abandon improvement -- Action of board -- Appeal

268.290. Determination of correctness of appraisers' report -- Proceeding to abandon improvement -- Action of board -- Appeal (1) When the hearing is completed, the board shall determine the correctness of the classification and assessment of benefits to each piece of property involved. If no objections are raised to the report of the appraisers, the report shall be considered correct in all respects. (2) If it appears to the board, after having heard all objections, that the estimated cost of the construction of the proposed improvement contemplated in the plan of reclamation is less than the benefits properly assessed against the property, the board shall then approve and confirm the report of the appraisers as to the classification and assessment of benefits as amended or modified by the board. If it appears to the board that the cost exceeds the benefit accruing to the property in the district, the board shall abandon the proposed improvement. (3) The board shall state its findings and enter it along with an order approving or disapproving the proposed improvement, and file the same with the secretary of the board, who shall note upon the order the date of its filing. (4) After the report of the appraisers has been filed, if the owners of seventy-five percent (75%) of the land in the district, or any part of it which is practically separated from the rest, file a petition with the board stating that they desire to abandon the proposed improvement, the board shall abandon it at the cost of the landowners. (5) Any person may appeal to the Circuit Court within thirty (30) days from the filing of the order of the board. The trial in Circuit Court shall be de novo. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 574, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 239, effective January 2, 1978 -- Amended 1976 Ky. Acts ch. 140, sec. 103. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-18.

KRS 268.300 Repealed, 1978

268.300. Repealed, 1978 Catchline at repeal: Form of judgment approving report of appraisers. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-18.

KRS 268.310 Repealed, 1978

268.310. Repealed, 1978 Catchline at repeal: Clerk to send corrected report and copy of judgment to secretary of board--Secretary to file--Compensation of clerk. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-19.

KRS 268.320 Benefits assessed to certain property -- Passage of title to district

268.320. Benefits assessed to certain property -- Passage of title to district (1) That portion of any piece of property not taken for use of the district shall be assessed for the benefits accruing thereto. (2) When any property is acquired by any district, and the price has been paid or secured to the owner or paid to the clerk of the court by the board, the title and all rights shall pass from the owner to the district. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 240, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-20.

KRS 268.330 Board may borrow money

268.330. Board may borrow money When the decision of the board becomes final, the board may borrow any money necessary to carry on the business and work of the district, not exceeding seventy-five percent (75%) of the aggregate assessed benefit as shown by the corrected report of the appraisers. To secure the payment of any loan, the board may pledge the faith and credit of the district. No money shall be borrowed for a longer period of time than the actual needs of the district require, and in no case for more than five (5) years. Every loan shall be repaid as soon as there are sufficient funds in the hands of the treasurer, collected from assessments or realized from a sale of district bonds. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 241, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-21.

KRS 268.340 Computation of minimum district assessment -- District interest assessment -- Maximum district assessment

268.340. Computation of minimum district assessment -- District interest assessment -- Maximum district assessment (1) Within thirty (30) days after the contract for the improvement is let for all the work provided for under the plan for reclamation, or, if the improvements are made directly by the board, as soon as the cost can be ascertained, the board shall ascertain the cost of doing all of the work, and add all expenses incurred in establishing and organizing the district, including all fees to attorneys, engineers, employees, court costs and the damages assessed against the district. To the total of these sums the board shall add ten percent (10%) of the total, to defray the future expenses of the district, including the salaries and fees for services to be thereafter rendered by the members of the board, their agents and employees, including engineers and attorneys, and any other necessary expenses which cannot be foreseen. This aggregate sum shall be called the minimum district assessment. If bonds are to be issued and sold for the district, the board shall then determine the length of time the bonds are to run, and calculate the total amount of interest that will accumulate upon the entire bond issue, the par value of which shall not exceed ninety percent (90%) of the total minimum district assessment. The total of the interest that will accumulate during the period the bonds are to run up till maturity shall be called the district interest assessment. The board shall then add together the two (2) sums, the minimum district assessment and the district interest assessment. The total shall be called amount of which two (2) sums shall constitute the maximum district assessment. (2) The board shall then ascertain what percent the minimum district assessment is of the total assessed benefits to all property in the district, as shown by the corrected appraisers' report. The board shall also ascertain what percent the total interest assessment is of the total assessed benefits to all such property. (3) The board shall then apportion the minimum district assessment to each separate piece of property, so that each shall bear its ratable part of the minimum district assessment. It shall then in like manner apportion the district interest assessment to each piece of property. The board shall then levy a drainage assessment upon the district for the amount of the minimum district assessment, also for the amount of the district interest assessment, and then prepare a drainage assessment record for the district, and as many copies as there are counties in which any part of the district is situated, plus two (2) additional copies, one (1) of which shall be for the board, and the other to remain permanently in the office of the county clerk in the county in which the district is organized. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 242, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-22.

KRS 268.350 Drainage assessment record form -- District assessment table

268.350. Drainage assessment record form -- District assessment table The drainage assessment record provided for in KRS 268.340 shall be in substantially the following form: "Drainage Assessment Record of ________ (drainage), (levee), (reclamation) district, located in the County of __________, Kentucky. The board of drainage commissioners of ___________ County has ascertained from an inspection of the report of the appraisers that the total aggregate of benefits to all of the property in the district is $_________, and that the cost of making the improvements provided for in the plan for reclamation and the cost of the proceedings in establishing and organizing the district up to this time are $________, to which sum we have, as provided by law, added ten percent for the purpose of defraying future expenses and to create an emergency fund, making the total minimum district assessment of $_________, which we now levy and assess against the district. It is ordered that a district bond issue be authorized of ninety percent of the minimum district assessment of $_________, to consist of fifteen series of equal amount, bearing six percent per annum interest payable semiannually. One-fifteenth of the total issue of bonds shall mature and be payable annually. The first series shall become payable five years from the date of issue, and the last series twenty years from the date of issue. "It is ascertained that the total amount of interest that will accumulate on the bonds from the date of issue until maturity will be $_________, and this board therefore orders that there be levied upon all property in the district an interest assessment amounting to $_________. "We do hereby apportion both the minimum district assessment and the district interest assessment to each piece of property located in the district, ratably according to the assessment of benefits as appears in the board of appraisers' assessment of benefits as amended, modified and corrected and shown in the following table: Table of District Assessments Name of (owner), (railroad), (public highway) ................................................................... Post office address ............................................................................................................ Number of (acres of land), (miles of road) assessed as benefited ........................................ In what county located ...................................................................................................... Total amount of benefits assessed ...................................................................... $_______ Total amount of minimum district assessment .................................................... $_______ Total amount of district interest assessment ....................................................... $_______ Total maximum assessment .............................................................................. $_______ "The board of drainage commissioners hereby submits the above as a true and correct assessment roll upon the lands, railroads, public highways and other property subject to assessment in the ___________ (drainage), (levee), (reclamation) district, and prays the county judge/executive to confirm it. Respectfully submitted. Board of drainage commissioners of ____________ County. By _____________, President. Attest: ____________, Secretary. (Space for correction by clerk upon order of court)______________________ The above is a correct assessment. Attest: _______________ Clerk." Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 243, effective January 2, 1978; and ch. 20, sec. 6, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-22.

KRS 268.360 Copies of assessment record filed with clerk -- Clerk's notice -- Determination of objection -- Final order

268.360. Copies of assessment record filed with clerk -- Clerk's notice -- Determination of objection -- Final order (1) As soon as the drainage assessment record is completed, the board shall deliver the copies to and file them with the county clerk in which county the district is organized. The clerk shall receive them, and, beginning within five (5) days, publish notice of such filing pursuant to KRS Chapter 424. The notice shall be in substantially the following form: "State of Kentucky. "County of ..... "In the matter of the .... (drainage), (levee), (reclamation) District. Notice is hereby given to all persons interested that the board of drainage commissioners of .... County did on the .... day of ...., 19.., file in my office .... copies of the drainage assessment record for the above district in which they show the aggregate costs of the improvements to be made according to the plan for reclamation, also the aggregate of all benefits to property and the minimum district assessment and the apportionment thereof to each piece of property, together with the total of such assessments which are to be paid for each separate piece of property. "All persons interested are hereby notified that they may inspect this record at any time, and are given until .... to file written objections to these final assessments. "Unless you file objections thereto by that date, it will be taken for granted that the assessments are correct, and correctly apportioned to each separate piece of property, and they will be confirmed, and become the fixed assessments upon each piece of property. "Given under my hand as county clerk on this the .... day of ...., 19... . ............................. Clerk." (2) If objections are filed, they shall be determined by the county judge/executive in a summary way. If errors are found, they shall be by proper orders corrected. The order of the county judge/executive shall direct the clerk to show such corrections on all the copies of the assessment record in red ink. When all errors in the assessment are ordered corrected by the county judge/executive, he shall approve the assessment record. (3) The final order of approval and confirmation by the county judge/executive shall be final and conclusive upon all property within the district. The assessment record, when corrected by the clerk under orders of the county judge/executive, shall be endorsed by the county judge/executive as the assessment record of the district, and thereafter no question may be raised concerning the correctness of any assessment shown in the record. (4) One (1) of the several copies of the assessment record, properly corrected and endorsed by the county judge/executive, shall remain in the office of the county clerk. The remaining copies shall be certified and delivered by the clerk to the secretary of the board of the county in which the district was organized. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, secs. 110 and 415, effective June 17, 1978. - - Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 244, effective January 2, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 193. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-23. Legislative Research Commission Note. This section was amended by two sections of Acts 1978, ch. 384, which do not appear to be in conflict and which have been compiled together.

KRS 268.370 Board may issue bonds -- Terms -- Use of proceeds -- Duties of treasurer -- Bond -- Duties of county clerk -- Warrants for payment

268.370. Board may issue bonds -- Terms -- Use of proceeds -- Duties of treasurer -- Bond -- Duties of county clerk -- Warrants for payment (1) The board of drainage commissioners may, if in their judgment it seems best, issue bonds on behalf of any district under their control, not to exceed ninety percent (90%) of the total amount of the minimum district assessments levied upon the property of the district approved by the county judge/executive. The bonds shall be in denominations of not less than one hundred dollars ($100), bearing interest payable at least annually from the date of issue, to mature at annual or more frequent intervals within thirty (30) years, commencing after a period of years not later than five (5) years, to be determined by the board. Both principal and interest shall be payable at some convenient bank or trust company's office, to be named in the bonds. The bonds shall be signed by the president of the board, attested with the seal of the board, and the signature of the secretary and countersigned by the county clerk of the county in which the district is organized. All bonds shall be executed and delivered to the treasurer of the district, who shall sell them in quantities and at dates as the board considers necessary. The funds derived from the sale of bonds shall be used only to pay the cost of improvements and the expenses, fees, and salaries authorized by law. The secretary of the board shall certify to the county clerk in which the district was organized a copy of the resolution authorizing and directing the issuance of the bonds, which shall contain a list of the bonds, their dates of maturity, and amounts. The clerk shall record this resolution in the lis pendens record in his office. The bonds shall show on their face the purpose for which they are issued. (2) The bonds shall be payable out of money derived from the assessments upon property, and a sufficient amount of the drainage assessment shall be appropriated by the board to pay the principal and interest. This sum shall be preserved in a separate fund for that purpose. All bonds and coupons not paid at maturity shall bear interest from maturity until paid, or until sufficient funds for their payment have been deposited at the place of payment, and this interest shall be appropriated by the board out of the penalties and interest collected on assessments or any other available funds of the district. The board, in making the annual levy of assessments, shall take into account the maturing bonds and interest on all bonds and make ample provisions in advance for their payment. If the proceeds of the original levy of assessments are not sufficient to pay the principal and interest of all bonds issued, the board shall make any additional levy upon benefits assessed necessary for this purpose. However, no levy of assessments shall be made in excess of the benefits to the property as shown by the report of the appraisers, as corrected, that will in any manner impair the security of bonds or the fund available for the payment of the principal or interest. (3) When he receives the bonds the treasurer shall execute and deliver to the president of the board a bond with good and sufficient sureties, to be approved by the board, conditioned that he shall account for and pay over as required by law and as ordered to do by the board all money received by him on the sale of any bonds, and that he will only sell and deliver the bonds to the purchaser of the bonds according to the terms of this section, and that he will return, duly canceled, any bonds not sold to the board when ordered by it to do so. This bond shall remain in the custody of the president of the board, who shall produce it for inspection or as evidence whenever legally required to do so. The bond of the treasurer may, if the board directs, be signed by a surety or bonding company, which may be approved by the board. The successor in office of any treasurer shall comply with all provisions applicable to his predecessor before receiving bonds or their proceeds. The treasurer shall promptly report all sales of bonds to the board. (4) The board shall, at reasonable times, prepare and issue warrants for the payment of the maturing bonds sold and the interest payments coming due on all bonds sold. Each warrant shall specify what bonds and accruing interest it is to pay, and the treasurer shall place sufficient funds at the place of payment to pay the maturing bonds and coupons when due, as well as a reasonable compensation to the bank or trust company for paying them, not to exceed two dollars and fifty cents ($2.50) for each one thousand dollars ($1,000) par value of bonds or coupons paid. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 274, sec. 60, effective July 15, 1996. -- Amended 1978 Ky. Acts ch. 384, secs. 416 and 578, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 245, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b- 42.

KRS 268.380 Cost of improvements not to include interest charges -- Assessed enhanced value conclusive as to benefits

268.380. Cost of improvements not to include interest charges -- Assessed enhanced value conclusive as to benefits (1) If bonds are issued or money borrowed, the interest charges thereon shall not be considered a part of the cost of improvement in determining whether or not the cost of improvement is equal to or more than the benefit to the property in the district. (2) The assessed enhancement of value shall be conclusive as to the benefit that will inure to the property in the district. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 246, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-24.

KRS 268.390 Seal of board on assessment record -- Notice and payment of assessments -- Determination as to bond issue

268.390. Seal of board on assessment record -- Notice and payment of assessments -- Determination as to bond issue (1) When the secretary of the board receives from the clerk the copies of the assessment record, corrected by the county judge/executive and certified by the clerk, he shall notify the board which shall then meet and impress its seal on each page of each copy of the assessment record. (2) The secretary shall then give notice that the corrected assessment record is in his hands, and that all persons whose property has been assessed may by a day certain to be stated in the notice, which shall be not less than thirty (30) nor more than sixty (60) days, pay to the treasurer of the board the minimum assessment levied against his property and have the lien upon the property released. Any person, on or before the day fixed in the notice, may pay to the treasurer the minimum assessment against any property, and take his receipt therefor showing the amount paid. A canceled check shall be the equivalent of a receipt. The treasurer shall indorse below the notation of that assessment on each copy of the assessment record in his hands in red ink the words "paid in full by .........," giving the date, and sign his name. (3) Immediately after the date fixed in the notice on which payments of assessments may be made, the board shall meet and adopt a resolution which shall be spread upon the records of the board, stating the total amount of bonds to be issued for the district and fixing the number of series, the time of payment of each series and the denominations. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 247, effective January 2, 1978; and ch. 20, sec. 6, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-25.

KRS 268.400 District assessment register -- Preparation by secretary -- Sheriff receipts register -- Copies to counties in district

268.400. District assessment register -- Preparation by secretary -- Sheriff receipts register -- Copies to counties in district (1) As soon as the board has adopted the resolution relative to the issue of bonds, the secretary shall prepare a district assessment register in a well-bound book and as many copies thereof as there are counties in which any part of the district is located. This register shall contain the name of the owner of each piece of property found in the report of the appraisers in the assessment of benefits, a description of the property assessed, as modified, the minimum district assessment, the interest district assessment and the annual installment to be paid each year for the time the bonds are to run, except when the minimum district assessment has been previously paid. (2) The district assessment register shall be in substantially the following form: "The district assessment register of __________ district, in the County (Counties) of __________, Kentucky. Whereas the __________ district, located in the County (Counties) of __________ in the State of Kentucky, was duly established by the orders of the __________ County, and thereafter the plan for reclamation of the district and the report of the appraisers, containing the assessment of benefits and damages, were approved, and the proceedings referred to the board of __________ County, to cause such improvements to be made, and to levy an assessment upon the property in that district to pay for them, to issue bonds and cause the assessment to be collected, and whereas said board after ascertaining the cost of the improvements, did levy a district minimum assessment and a district interest assessment, and apportion them to the property in the district according to the ratio of benefits, which was also corrected and approved, the board now certifies that the following is a true and correct table of assessments so levied upon, and to be paid on each piece of property, together with the annual installments thereof, which shall become due and payable at the same time and place, and collectible by the same person and in the same manner that state and county taxes are payable and collected. This district assessment register is the authority of the tax collector of each county in which any part of the __________ district is located for demanding and collecting the assessments. Name of owner___________________________________________________________ Post office address________________________________________________________ Description of property assessed______________________________________________ Description______________________________________________________________ In what county located_____________________________________________________ No. of acres________ Amount of assessed benefits................................................................................. $_______ Total amount of minimum district assessment....................................................... $______ Total amount of district interest assessment.......................................................... $______ Total maximum assessment.................................................................................. $_______ Amount to be collected for the year 19___ 19_____, ...................................................................................................... $______ Paid by_________________________________________________________Collector. Amount to be collected for the year 19_____....................................................................... 19____......................................................................................................$_________ Paid by_________________________________________________________Collector. Amount to be collected for the year 19_____ 19_____, ...................................................................................................$________, Paid by__________________________________________________________Collector. The collector of taxes in the County of ____________ is hereby ordered to collect the above assessment and pay same to the treasurer at the time required by law each year. Done by order of the board of drainage commissioners of ___________ County, Kentucky, on this the _________ day of ____________, 19____. Attest: __________________________________________________________Secretary ________________________________________________________________President (Seal)" (3) Each assessment shall be on a separate sheet, and there shall be as many spaces prepared for the sheriff to sign as there are annual payments to be made. Each sheet shall be signed by the president and attested by the secretary, and the official seal of the board shall be attached at the bottom of each page. When the sheriff collects any annual installment of the assessment he shall give the payer a receipt and indorse it paid on the blank space on the assessment sheet. (4) When the district assessment register has been completed the secretary shall deliver a copy to the county clerk in each county where any part of the district is located and take his receipt therefor. The clerk shall file and keep it in his office as a permanent record. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 248, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-26.

KRS 268.410 Board certifies to sheriff amount of installment due -- Form of certificate -- Collector's drainage assessment book

268.410. Board certifies to sheriff amount of installment due -- Form of certificate -- Collector's drainage assessment book (1) In December of each year the board shall certify to the sheriff of each county in which any part of the district is located the annual installment of the assessments to become due and be collected during the succeeding year. This installment shall be collected at the same time as state and county taxes. (2) The certificate of the installment of assessment shall be in substantially the following form: "Commonwealth of Kentucky. County of ________________ To the sheriff of _______________ County: "This is to certify that the board of drainage commissioners of _________ County, Kentucky, on behalf of drainage district No. ____ of __________ County (Counties), Kentucky, has levied the sum of $_________ as the annual installment of assessments for the year 19___, of the total assessment levied and certified to the county clerk of your county. The board, on behalf of the drainage district, also levies $________ as a maintenance assessment for that year, both of which are set out in the following table, in which are: First, the names of the owners of property as they appear on the district assessment register; second, the amount of the installment of the assessment levied on that property due and collectible for the year 19___; third, the amount of maintenance assessment levied against it. The assessment shall be payable at the same time as state and county taxes and you are ordered to demand and collect the assessments at the same time you demand and collect the state and county taxes due on the same property. This certificate shall be your warrant and authority for making such demand and collection." (3) A table or schedule shall follow, showing in properly ruled columns: First, the names of the owners as they appeared in the district assessment register; second, a brief description of the property opposite the names of the owners; third, the amount of the annual installment of assessment on each piece of property; fourth, the amount of maintenance assessment; fifth, a blank column in which the collector shall record the amounts collected by him; sixth, a blank column in which the collector shall record the date of payment of each sum; seventh, a blank column in which the collector shall record the name of the person paying each sum. The columns in which the annual installment and the maintenance assessment appear shall be totaled. The total amount shall correspond to the amount set out in the certificate. (4) The certificate and table shall be prepared in the form of a well-bound book, indorsed and named "Collector's drainage assessment book, drainage district No. ____ of ________________ County (Counties), Kentucky, for the year 19____" This indorsement shall also be printed on the top of each page. At the end of the table of assessments shall be these words: "Done by order of the board of drainage commissioners of _____________ County on this ______ day of _____________, 19____ . Attest: _____________________________________________________ Secretary _____________________________________________________ President (Seal)" Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 417, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-28.

KRS 268.420 Collection of assessments by sheriff -- Fee -- Returns to treasurer -- Delinquency penalty -- Sale of assessment lien claims

268.420. Collection of assessments by sheriff -- Fee -- Returns to treasurer -- Delinquency penalty -- Sale of assessment lien claims (1) The sheriff of each county of the district shall receive the collector's drainage assessment book each year. He shall promptly and faithfully demand and collect the assessments at the same time that he demands and collects the state and county taxes due on the same property. If any property has been divided or transferred, the sheriff shall receive payment of assessments on any part charged with the assessments and give his receipt accordingly, and show therein upon what part of the property the assessment has been paid. The collector's drainage assessment book shall be the warrant and authority of the sheriff for making demand and collection of drainage assessments. The fee of the sheriff for collecting drainage assessments shall be four percent (4%), which shall be added to the regular assessment. The sheriff shall return all collector's drainage assessment books each year to the secretary of the board, and shall pay over and account to the treasurer of the district for all money collected thereon each year at the same time he pays over state and county taxes. (2) If the assessment has not been paid to the sheriff or collector on any parcel of land or property described in the assessment register certified to him during the year for which said assessment was levied or on or before the last day of February of the year immediately following the year for which said assessment was levied and became due, a penalty of six percent (6%) shall automatically attach thereto on and after said date, which shall be added to the assessment against such parcel or parcels of land on which the assessment has not been paid, to be collected in the same manner that the assessment is collected; and unless so paid the sheriff or collector shall advertise and offer for sale the assessment lien claim of said district in the same manner as state and county tax claims are required to be sold, which sale shall be for the assessments, penalties, costs and expenses of making sale in the same manner and with the same force and effect as sales of tax claims for state and county taxes, and subject to redemption by the owner within the time, on the terms, upon the penalties and upon the same conditions that are now and may hereafter be provided by general law for the redemption of land or other property sold by the sheriff for state or county taxes. (3) When an assessment lien claim is sold for the assessment herein provided for, if no one will bid for and purchase and pay for such claim so offered for sale, the amount of the assessment, penalty, interest and costs, including the costs for advertising such sale, it shall be the duty of the sheriff making such sale to purchase same for the board of drainage commissioners to which such assessment is due and owing, and he shall make report of such fact to the county clerk of the county in which such land or property is located, as required by law under sales to the state and county for state and county taxes. He shall also certify such facts in like manner to the secretary of the board of drainage commissioners, which report shall be received and kept by the secretary of such board and recorded by him in the general drainage record book kept by him. (4) The purchaser of any such lands pursuant to a proceeding in enforcement of said assessment lien claim shall take said property subject to the future assessments to be levied against said property for making the improvement, including all such assessments becoming delinquent after the sale of the assessment lien claim thus enforced. The purchaser of such assessment lien claims shall have the same estate, right, title, and interest in the delinquent property that purchasers of certificates of delinquency acquire at sales of tax claims for state and county taxes, subject alone to the provisions of this section. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 418, effective June 17, 1978. -- Amended 1944 Ky. Acts ch. 165, sec. 1. -- Amended 1942 Ky. Acts ch. 158, sec. 1. - - Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-28a, 2380b-30.

KRS 268.430 Treasurer may receive payment of assessments -- Certification of unpaid assessments -- Collection not defeated by irregularity

268.430. Treasurer may receive payment of assessments -- Certification of unpaid assessments -- Collection not defeated by irregularity (1) When ordered by the board the treasurer shall receive the annual payment of drainage assessments directly from any owner, and shall give a proper receipt. On December 1 of each year the treasurer shall certify to the sheriff a list of all property on which drainage assessments for that year have not been paid to the treasurer. Any assessments not paid to the treasurer or sheriff shall be treated by the sheriff as delinquent drainage taxes. This section shall not relieve the board or sheriff of any duty. (2) No collection of assessments shall be defeated because of any irregularity in the proceedings which did not affect the substantial rights of the party complaining. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 249, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-28a, 2380b-56.

KRS 268.440 Payment in advance of full assessment levied

268.440. Payment in advance of full assessment levied (1) At any time prior to the issuance of the bonds, any person may pay in one lump sum the full amount of the assessment levied against his property, less the amount added thereto to meet interest. The secretary of the board shall then enter upon the district assessment record opposite each tract for which payment is made the words "paid in full" and such assessment shall be deemed satisfied. The secretary shall also make the same entry opposite each tract for which payment is made in the table included in the certificate filed in the office of the county clerk. However, this payment shall not prevent the levying of additional or maintenance assessments against the property. (2) At any time after the issuance of the bonds, the board may receive from any owner payment in full of the unpaid portion of the minimum district assessment against his property, if arrangements can be made with the bondowners for the surrender and retirement of an amount of bonds, with coupons attached, equal in principal to the amount of the lump payment, and if the transaction will cause no present or future shortage of funds for payment of coupons and the retiring of maturing bonds. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-45, 2380b-45a.

KRS 268.450 Board may defer payment of assessment -- Interest installments to cover cost of bonds

268.450. Board may defer payment of assessment -- Interest installments to cover cost of bonds If the board believes the interest and welfare of the owners will be best served by not requiring any part of the minimum district assessment to be collected for not more than five (5) years from the time the minimum and interest assessments are confirmed by the county judge/executive, it shall by resolution fix the time when the first annual assessment shall become payable. However, sufficient annual assessments shall be levied and collected each year till the year the first installment of the minimum and interest assessments are due to pay the interest on the bonds, plus the cost of levying and collecting them. The annual interest installments shall be levied on all property in the exact ratio of the assessments confirmed by the county judge/executive. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 250, effective January 2, 1978; and ch. 20, sec. 6, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-27.

KRS 268.460 Board may abate change in date of collecting assessment

268.460. Board may abate change in date of collecting assessment If the date of collecting drainage assessments and applying the penalty for delinquency is changed by law after the issuance of any obligations for a district, and interferes with the proper discharge of the obligations, the board may, by written notice to the sheriff, require payment according to the law in effect at the time the obligations were issued. Nothing in this section shall be construed to invalidate the provisions of KRS 268.430. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-30a.

KRS 268.470 Board may levy maintenance assessment -- Terms -- Purpose -- How recorded -- Collection

268.470. Board may levy maintenance assessment -- Terms -- Purpose -- How recorded -- Collection (1) To maintain and preserve any improvement and to defray the current expenses of the district, the board may, upon the completion of any improvement and on the first Monday in December in each year thereafter, levy an assessment upon each piece of property within the district, to be known as a maintenance assessment. This maintenance assessment, apportioned upon the basis of benefits assessed on account of original construction, shall not exceed ten percent (10%) thereof in any one (1) year, and shall be certified to the sheriff of each county in which property of the district lies as the annual installment of assessment is certified, and recorded in the same book, but in a separate column under the heading "maintenance assessment." This assessment shall not in any one (1) year exceed two percent (2%) of the original cost of construction, unless consent is first obtained in writing from the owners of two-thirds (2/3) of the property affected. (2) The sheriff shall demand and collect the maintenance assessment, make return, receive the same compensation and be liable for the same penalties for failure or neglect as is provided in KRS 268.420 for the annual installments of assessments. The maintenance assessment shall be payable and shall be collected at the same time each year that the other assessments of the district due that year are payable, shall bear the same penalties and shall be enforced in the same manner. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-28a, 2380b-43.

KRS 268.480 Owners may maintain improvements -- Credit slip for work done -- Terms -- Use

268.480. Owners may maintain improvements -- Credit slip for work done -- Terms -- Use (1) Owners in a district may be employed on maintenance work and their work credited against their maintenance assessments, within the discretion of the board or the drainage commissioners. In part or full payment for the work, printed credit slips shall be issued by the president of the board, the drainage commissioner and the treasurer of the district, each slip showing to whom issued, the date and hours of work, whether day labor, teams or otherwise, materials supplied, location of work and any other information the board considers proper. Before becoming valid, the credit slips shall be approved by the board and made a part of its records. Rates of pay shall not be greater than current for similar work in the locality. The work shall be distributed among the landowners as equitably as is economically possible, but economy shall be the first consideration, and only satisfactory workers shall be employed. (2) At least twenty (20) days before the maintenance assessments are due all credit slips shall be sent to the treasurer and proper deductions made for them from the maintenance assessments. The board shall report to the sheriff the deductions to be made, and a copy of the report shall be retained in the minutes. The board may authorize the treasurer to receive money payments to make up the balance due on maintenance assessments. The sheriff shall collect the remainder of the assessments in the regular way. The board may, at its discretion, permit transfer of credit slips from one (1) owner to another, and the use of credit slips in other than the year in which the work was done. Otherwise the credit slips shall be valid only in the year in which the work is done. Credit slips shall not be used in payment of other than maintenance assessments. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-43a.

KRS 268.490 Lien for assessments -- Rank

268.490. Lien for assessments -- Rank All drainage assessments provided for in this chapter together with all penalties for default in payment and all costs of collection shall, from the date of filing the district assessment register in the office of the county clerk until paid, constitute a lien superior to all other liens except the lien for state, county, city, school and road taxes. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-23, 2380b-29.

KRS 268.500 Subsequent owner's privity -- Apportionment of assessment

268.500. Subsequent owner's privity -- Apportionment of assessment (1) Any person who acquires title to any property affected by any proceeding under this chapter, after the filing of the petition for establishment of any district and the giving of notice thereof by the clerk of the court, shall be deemed privy to the person owning or in possession under claim of ownership at the time of filing the petition, and shall be bound by all subsequent proceedings as the owner at that time would have been bound if he had remained owner of the property. The property assessed shall in each instance be liable for the assessment against it, and each installment of any assessment shall be paid by the owner in possession at the time any installment becomes due. (2) Any land assessed for benefits in which one or more persons own the life estate with the remainder to some other person, shall be assessed as any other land by the appraisers, and the name of the life tenant and the remainderman reported if known, but the remainderman or reversioner need not be brought in the proceedings before his interest becomes vested. The assessment may be paid by either the life tenant or the remainderman, and when so paid the owner not paying shall be liable to the one who pays the assessment 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. The person who pays shall have, for his own benefit, the same lien provided for the original assessment, which may be enforced by action in any court of competent jurisdiction. An owner of any undivided interest in lands may pay the whole assessment and be entitled to like contribution and substitution. Effective: January 2, 1978 History: Amended 1976 (1st. Extra. Sess.) Ky. Acts ch. 14, sec. 251, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-41, 2380b-52.

KRS 268.510 Board may make improvements, control water power -- Condemn property

268.510. Board may make improvements, control water power -- Condemn property (1) In order to effect the drainage, protection and reclamation of the land and other property in any district organized under this chapter subject to assessment, to protect cities from overflow, and to promote the public health or general welfare of the community, the board acting for the district may clean out, alter, construct or maintain any drain in or out of the district, and construct and maintain any levees, dikes, dams, revetments, reservoirs, holding basins, floodways, pumping stations, syphons and any other work and improvements deemed necessary to preserve and maintain the works or prevent overflow of land or protect any city or parts thereof in or out of the district. The board may construct or enlarge any bridge needed in or out of the district across any drain or other improvement or any public highway, railroad right-of-way, track, grade, fill or cut, subject to the provisions of KRS 268.530; construct roadways upon, along and over levees and embankments; remove any fence, building or improvement in or out of the district. (2) The board may hold, control and acquire by donation or purchase, or, if need be, condemn any land, easement, railroad right-of-way, sluice, conduit, sewer, holding basin or franchise in or out of the district for any purpose provided for in this chapter. (a) The board may also condemn, pursuant to the Eminent Domain Act of Kentucky, for the use of the district any property within or without the district not acquired or condemned by the board on the report of the appraisers. (3) The board may control all water power created by the construction of improvements in the district, and construct and maintain any hydroelectric power plants to develop such power for the use of the district and use any funds in the treasury of the district not otherwise appropriated for the construction and maintenance of such plants. The board may lease any power in excess of that required for the use of the district. The proceeds of such lease shall be turned in to the treasury of the district. (4) However, the construction or maintenance of any improvement shall not impair navigation upon any navigable stream in this state. Effective: January 2, 1978 History: Amended 1976 (1st. Extra. Sess.) Ky. Acts ch. 14, sec. 252, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 140, sec. 104. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-2, 2380b-32.

KRS 268.515 Power of condemnation

268.515. Power of condemnation Whenever any property is going to be taken or damaged by the board pursuant to this chapter, the board may effect an agreement with the owner for compensation therefor. If no agreement is reached, the board may condemn the property pursuant to the Eminent Domain Act of Kentucky. Effective: January 2, 1978 History: Created 1976 (1st. Extra. Sess.) Ky. Acts ch. 14, sec. 224, effective January 2, 1978.

KRS 268.520 Board may construct or let contract for improvement -- Bond -- Supervision by chief engineer

268.520. Board may construct or let contract for improvement -- Bond -- Supervision by chief engineer (1) The board may construct any improvement needed to carry out the plan for reclamation. To accomplish that end the board may employ men and teams and lease, rent, hire or purchase machinery, and directly construct any improvement, by the use of other and more efficient means than provided for in the plans adopted. (2) The board may, in its discretion, let the contract for the improvement, either as a whole or in sections, but before letting any contract the board shall advertise for bids in the manner which it may by resolution determine will be for the best interest of the district. When such contract is let, it shall be let to the lowest and best bidder, who shall give a good approved bond with ample security, conditioned that he will well and promptly carry out the contract to construct the improvement. The contract shall be in writing, and prepared by the attorney for the district. Before the work is commenced it shall be approved by the board and signed by the president and secretary of the board and the contractor, and shall be executed in duplicate. Complete plans and specifications of the work to be done and the improvements to be made under it shall be prepared by the chief engineer, and attached to and made a part of the contract. The board may require a certified check payable to it to accompany any bid, as a guarantee of good faith to be forfeited as liquidated damages upon the failure of the bidder to execute bond with the approved surety if the contract for the work is awarded to such bidder. (3) The chief engineer shall be the superintendent of all improvements, and shall, whenever required, and at least once each month, make a full written report to the board of all work done and improvements made and any suggestions and recommendations to the board that he deems proper. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-21.

KRS 268.530 Board to build bridges and culverts -- May charge cost to corporation acting under franchise or cause corporation to construct

268.530. Board to build bridges and culverts -- May charge cost to corporation acting under franchise or cause corporation to construct (1) The board shall make all necessary bridges and culverts along or across any public highway or railroad which may be deemed necessary for the use or the protection of the work of reclamation in the district, except as provided in this section and in KRS 268.550. (2) If any bridge or culvert of any railroad or other corporation carrying on its business under a franchise is across any natural watercourse, drain or depression which is being improved by any district, and it is necessary to do any work under that bridge or culvert, or if a wider or larger bridge or culvert is needed there, the board shall give the corporation notice by delivering to its agent or officer in any county where any part of the district is situated a copy of the order of the board declaring the necessity of removing, constructing or enlarging the bridge or culvert. (3) The corporation shall then remove, construct or enlarge the bridge or culvert within the time specified in the order and notice, which shall be not more than thirty (30) days. The bridge or culvert shall be constructed so as not to interfere with the free flow of water through the drains of the district. (4) Should any corporation, after first being notified to remove, construct or enlarge any bridge or culvert, refuse or neglect to do so, then the board shall, unless it elects to compel the corporation to do the work as provided in subsection (6) of this section, have the work done. The board shall let the work according to plans and specifications to be provided at the expense of the corporation. The board shall first advertise that the work will be let to the lowest bidder by posting notices at three (3) or more public and conspicuous places in the vicinity where the bridge or culvert is to be removed, built or enlarged, for at least ten (10) days just before the letting of the work. This notice shall state the time, place and character of the work to be done. (5) If the board has the work done, it shall pay for the removal, construction or enlargement of the bridge or culvert, but shall then recover the cost and expenses in any court having jurisdiction from the corporation whose duty it was to do the work. Both the board and the corporation shall have the same right of appeal from any judgment rendered in any action as provided for individual landowners. (6) The board's right to remove, construct or enlarge the bridge or culvert shall not deprive the board from compelling the corporation to do it by proper proceedings. Mandamus may be issued for this purpose. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-35.

KRS 268.540 Construction -- Payment of cost and maintenance of bridge over drain crossing right-of-way of railroad or other franchise corporation

268.540. Construction -- Payment of cost and maintenance of bridge over drain crossing right-of-way of railroad or other franchise corporation If any drain is constructed in any district which crosses the right-of-way of a railroad or any corporation operating under a franchise, at any place other than at a natural depression in the earth or a watercourse, the railroad or corporation shall construct the bridge or culvert at the point where required. The expense shall be borne by the district, to be paid as part of the damages for the right-of-way in going across the railroad or corporation right-of-way and to be included in the judgment entered therefor. The railroad company or the corporation shall thereafter maintain the bridge or culvert and make any necessary changes. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-37.

KRS 268.550 Drain crossing public highway -- When county constructs bridge or culvert

268.550. Drain crossing public highway -- When county constructs bridge or culvert (1) If a drain improving any channel or watercourse in a district is on the line of any natural depression or watercourse which crosses any public highway where there is no bridge or culvert or opening in the highway sufficient to allow the flow of water in the drain as improved, the board shall give notice to the road commissioners or road engineer to construct or enlarge the bridge, culvert or opening to meet the improvement, stating the dimensions required. The road commissioners or engineer shall, within thirty (30) days from the time notice is served, make the improvement required. (2) If they fail or refuse to do so, then the board shall construct or enlarge the bridge, culvert or opening at the expense of the county, and the fiscal court shall reimburse the board for the cost of the work. If the fiscal court refuses to reimburse the board, it may enforce their right of reimbursement in any court having jurisdiction. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-36.

KRS 268.560 Natural drain into which public drain empties to be under board -- Removal of obstructions in public drain

268.560. Natural drain into which public drain empties to be under board -- Removal of obstructions in public drain (1) Whenever any public drain, established and constructed under this chapter or under any statute in force prior to June 18, 1918, empties into a natural drain, the natural drain, from the mouth of the public drain to the mouth of the natural drain, shall become to all intents and purposes a public drain, and subject to the supervision and control of the board. (2) Whenever any obstruction exists in any natural drain which is an outlet for any public drain, as provided in subsection (1) of this section, and the removal of the obstruction is necessary, in the opinion of the board, for the successful operation of the public drain, the board may remove the obstruction, paying the cost out of funds collected from any district for which it is an outlet. If there is more than one (1), the expenses shall be prorated between them as the board considers equitable. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-58, 2380b-59.

KRS 268.570 Owner may use drain as outlet -- May condemn intervening land

268.570. Owner may use drain as outlet -- May condemn intervening land Any owner may use the drain as an outlet for lateral ditches from his land. If his land is separated from the drain by the land of another and they are unable to agree as to the conditions on which one may enter another's land and construct the ditch, he may file his ancillary petition in the pending proceeding to the court, and secure condemnation as provided for in the Eminent Domain Act of Kentucky. When the ditch is constructed, it shall become a part of the drainage system and shall be under the control of the board and kept in repair by it. Effective: June 19, 1976 History: Amended 1976 Ky. Acts ch. 140, sec. 105, effective June 19, 1976. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-48.

KRS 268.580 Owner to pay for damage to improvement caused by him -- No person to obstruct improvement

268.580. Owner to pay for damage to improvement caused by him -- No person to obstruct improvement (1) If repairs to any improvement become necessary by reason of the act or negligence of any owner or his servant, agent, or stock, by which the improvement is obstructed, any repairs necessary to restore it to its previous condition shall be made by the owner at his own expense. Upon his failure to make the repairs within thirty (30) days after being notified by the board, he shall be deemed guilty of a misdemeanor. (2) The board may have the obstruction removed, paying the cost out of funds collected from any district for which it is an outlet or of which it is a part, and if there is more than one the expense shall be prorated between them. All amounts so paid with interest at the rate of six percent (6%) per annum shall be charged to the owner in fault, and may be recovered by the board in any court of competent jurisdiction, and shall constitute a lien upon the land of such owner. When any such amount is recovered it shall be returned to the fund from which it was paid. (3) No person shall damage or in any way obstruct any drain, levee or other improvement, or place any flood gate, bridge or fence across it without consent of the board, by order entered upon its record, in which shall be specified the kind of flood gate, bridge or fence, and it shall be erected in accordance with the order. (4) The board shall enforce the provisions of this section. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-53.

KRS 268.590 Board may amend plan for reclamation so as to provide for additional improvements -- May levy additional assessments

268.590. Board may amend plan for reclamation so as to provide for additional improvements -- May levy additional assessments (1) If the work set out in the plan for reclamation of any district is found insufficient to reclaim all of the property of the district, the board may formulate new or amended plans containing new improvements or providing for the enlargement of existing improvements. Additional assessments may be made in proportion to the increased benefits accruing to the property because of the additional improvements. (2) If it is found at any time that the amount of total assessments is insufficient to pay the cost of improvements in the plan for reclamation, or additional work done under the provisions of this section, the board of drainage commissioners may make additional levies to provide funds to complete the work. (3) The total of all levies of assessments shall not exceed the total amount of benefits assessed. Effective: January 2, 1978. History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 253, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-44.

KRS 268.600 Court, upon petition, may extend district -- Amend plan for reclamation -- Appoint appraisers -- Notice

268.600. Court, upon petition, may extend district -- Amend plan for reclamation -- Appoint appraisers -- Notice (1) The board, or the owners of property adjacent to the district who desire to have their property made a part of the district, may file a petition with the clerk of the fiscal court organizing the district praying the court to amend its former order organizing the district, by correcting the plan, striking out or adding the names of owners or property, or by any other means. If the petition asks permission to change the plan for reclamation or that the boundary lines be changed, it shall also ask for three (3) appraisers to be appointed as provided in KRS 268.260 for the original proceedings. (2) As soon as the petition is filed, the clerk of the fiscal court shall give notice as other notice is given, and substantially in the following form: ".........................................................................Court. Commonwealth of Kentucky. To ....................................., Greeting: "(Name of owner of land) "To the owners and all persons interested in the property in and adjacent to (drainage), (levee), (reclamation) district No. ................. of .................. County (Counties), Kentucky. "(Here insert the names of all persons who are shown in the petition to own land sought to be annexed to the district). "You are hereby notified that (here state by whom petition was filed) has filed in the office of the clerk of the ............................. court a petition praying the court for permission to (here insert the prayer of the said petition) (and if it contains a prayer to annex land, describe the land), and unless you show cause to the contrary on or before the ........ day of .................., 19......, the prayer of this petition may be granted. "This............ day of..............., 19........ .........................................................Clerk." Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 254, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-46.

KRS 268.610 Hearing on petition to amend plan -- Duties of clerk after judgment -- Compensation -- Order of appraisal -- Costs

268.610. Hearing on petition to amend plan -- Duties of clerk after judgment -- Compensation -- Order of appraisal -- Costs Any owner who will be affected by the proposed changes, amendments and corrections enumerated in the petition provided for in KRS 268.600, may file objections to the granting of the prayer of the petition by the date named in the notice. The fiscal court will hear such petition and all objections filed against it in a summary manner and enter its order. The clerk of the court shall within fifteen (15) days after the entering of the order, transmit a certified copy of the order and a copy of the petition to the secretary of the board, who shall transmit a copy to the county clerk of each county in which any property in the district is located. The clerk shall file and preserve these copies in his office, for which he shall receive a fee of one dollar ($1). If the order of the court provides that the plan for reclamation be changed or the boundary lines of the district extended, the board shall direct the appraisers to appraise the property to be taken, assess benefits and damages and estimate the cost of the improvements as in KRS 268.260 and 268.270. The appraisers' report shall be treated in the same manner as is now provided for in the original formation of districts. If the petition is dismissed the party filing it shall pay the costs, but if it is sustained in whole or in part the objectors shall pay the costs. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 419, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 255, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-47.

KRS 268.620 Use of other improvements or property in plan to prevent overflow

268.620. Use of other improvements or property in plan to prevent overflow If the plan for reclamation in any district relates in part to the drainage of the lands and in part to the prevention of overflowing of lands within the district from any stream or body of water coming from without the district, any stream, drain, cut or depression, or any fill, levee or embankment may be used as part of the reclamation system by changing it in any way, if the efficiency thereof to the owner is not impaired. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-50.

KRS 268.630 Improvements of other authorities not affected -- Joint use -- Appropriations by county or city to aid district

268.630. Improvements of other authorities not affected -- Joint use -- Appropriations by county or city to aid district (1) Nothing in this chapter shall be construed to deprive the fiscal court or other governing authority of any county or city of its jurisdiction and control over any levee or drain established or constructed under its authority. However, any such improvement may be used as an outlet for any drain established under this chapter, and the governing authority of the county or city may, in its discretion, delegate to the board jurisdiction and control or a joint use and control over the improvement upon any conditions agreed upon between them. This agreement shall be written, approved by the parties to it, and recorded upon the minutes of the proceedings of both bodies. (2) The fiscal court or other governing authority of the county or city may, when in its judgment the public interests and welfare justify it, make appropriations to aid any district in constructing or maintaining any improvement provided for in this chapter or under the control of the board. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-57.

KRS 268.640 Distribution of funds on dissolution of district

268.640. Distribution of funds on dissolution of district If upon the dissolution of any district organized under this chapter any money is in the hands of the treasurer, after all liabilities of the district are satisfied, it shall be prorated to the several pieces of property according to the assessed benefits in the organization of the district. The prorata share shall be paid to the then owner of the property. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 256, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-61.

KRS 268.650 Discontinuance of improvement

268.650. Discontinuance of improvement In counties containing not more than one (1) drainage district established under Chapter 268 of the Kentucky Revised Statutes, or under the Act of 1918 from which it came, twenty-five percent (25%) of the landowners, or the owners of twenty-five percent (25%) of the land, may, at any time petition the fiscal court for a discontinuation 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 court shall conduct a hearing on the matter, and shall issue notices thereof at least fifteen (15) days before the hearing and cause them to be served upon all parties interested, notifying them that the court will consider them at the hearing. If no valid reason is shown against the discontinuance of the improvement, the court 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: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 257, effective January 2, 1978. -- Created 1944 Ky. Acts ch. 109, sec. 1.

KRS 268.990 Penalties

268.990. Penalties Any person who violates any of the provisions of KRS 268.580 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100). Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 100, sec. 29, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2380b-49, 2380b-53.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38511Fetched: 10/20/2026

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