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220.537 Procedure for protest against proposed annexation.
Owners of real property in the territory proposed to be annexed who wish to object to
the annexation of the territory to the district shall, within thirty (30) days after the
giving of notice by the commissioner, file a petition, signed by twenty-five percent
(25%) of the freeholders in the territory proposed to be annexed, in the Circuit Court
of the county in which the larger part of the territory proposed to be annexed is
located, naming the commissioner, or in the case of annexation pursuant to KRS
220.536(4) naming the district, as defendant and setting out in the petition their
objections to the annexation of the territory. The commissioner or district shall be
represented in the Circuit Court by the county attorney and in the Court of Appeals
by the Attorney General, and he also may require his defense to be made by the
district. The issues may be made up and the case may be docketed for hearing as in
an action for a declaration of rights. The burden of proof shall be upon the plaintiffs
to show cause why the territory, or any portion of it, should not be annexed to the
district. If the court renders judgment against the commissioner or district, the
judgment shall point out the changes required for annexation of the territory, which, if
met by the commissioner or district, shall authorize annexation of the territory. If the
proposed changes are not met by the commissioner or district, the territory shall not
be annexed unless new proceedings are instituted in the manner prescribed by KRS
220.535 and 220.536, but such new proceedings shall not be instituted for a period
of six (6) months after the date of judgment. If the court gives judgment against the
plaintiffs, the board of directors may annex the territory. An appeal shall suspend the
judgment until the case has been passed upon by the Court of Appeals and final
judgment rendered. Either the plaintiffs or the commissioner or district may appeal
from the judgment of the Circuit Court to the Court of Appeals, but the commissioner
or district shall not be required to make any appeal bond. Except as otherwise
provided in this section, the pleading and practice shall be the same as in other suits
in equity.
Effective:July 15, 1988
History: Amended 1988 Ky. Acts ch. 330, sec. 4, effective July 15, 1988. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 211, effective January 2,
1978. -- Amended 1976 Ky. Acts ch. 62, sec. 105. -- Created 1954 Ky. Acts
ch. 1, sec. 3.
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