There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 262 SOIL AND WATER CONSERVATION
262.430 Board may file petition to compel observance of land-use regulations.
Download pdfon those lands and is interfering with the prevention or control of erosion on other
lands within the district, the board may present to the Circuit Court of the county in
which the lands of the defendant lie a verified petition setting forth the adoption of
the ordinance prescribing land-use regulations, the failure of the defendant
landowner or occupier to observe the regulations and to perform particular work,
operations or avoidances as required by the regulations, and that such
nonobservance tends to increase erosion on the lands and is interfering with the
prevention or control of erosion on other lands within the district. In all cases where
the person in possession of lands is not the owner, the owner of the lands shall be
joined as party defendant. The petition shall pray the court to require the defendant
to perform the work, operations or avoidances within a reasonable time and to order
that if the defendant fails to perform the board may go on the land, perform the
work or other operations, or otherwise bring the condition of the lands into
conformity with the regulations, and recover the costs and expenses thereof, with
interest, from the defendant. (2) Upon the presentation of the petition, the court shall cause process to be issued against the defendant and shall hear the case. If it appears to the court that testimony
is necessary for the proper disposition of the matter, it may take evidence or appoint
a referee to take such evidence as it may direct, and report the evidence to the court
with his findings of fact and conclusions of law, which shall constitute a part of the
proceedings upon which the determination of the court shall be made. Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 42i-11.
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