2014 Kentucky Revised Statutes CHAPTER 268 - DRAINAGE AND RECLAMATION ACT OF 1918 268.270 Appraisers' work and report on benefits and damages -- Cost of improvement.
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268.270 Appraisers' work and report on benefits and damages -- Cost of
improvement.
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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.
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.
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.
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.
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 $_______ Quantity of land to
be taken or used ____________ Value of land to be taken or used
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$____________ 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: _________________________"
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.
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.
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.
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