2014 Kentucky Revised Statutes CHAPTER 269 - MISCELLANEOUS PROVISIONS AS TO DITCHES, DRAINAGE, AND RECLAMATION 269.260 Withdrawal of land from drainage district.
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269.260 Withdrawal of land from drainage district.
(1)
(2)
If at any time any person or persons owning lands within any drainage district
desires to withdraw his lands in whole or in part from the drainage district, such
person or persons upon the approval of a majority of the qualified members of
the drainage board may petition the county judge/executive for a withdrawal of
his or their lands from the district. The county judge/executive shall set a date
for a hearing on the petition not less than fifteen (15) nor more than thirty (30)
days after the petition is filed and issue and cause to be served upon the
drainage board notice of the hearing. Upon proper showing that the lands
should be withdrawn from the drainage district, and if no valid reason is shown
against the withdrawal of the lands from the drainage district, the county
judge/executive shall enter an order withdrawing the lands. After the order of
withdrawal is entered, the lands shall cease to be within the drainage district,
but an appeal may be taken from the order to the Circuit Court, and from the
Circuit Court to the Court of Appeals. All costs in any action filed are to be paid
by the petitioner or petitioners regardless of the result of the action.
The withdrawal of lands from a drainage district as provided for in subsection
(1) of this section shall not relieve land already within a drainage district from
the payment of its proportionate part of any bonds or other outstanding
indebtedness which were issued or incurred in the district, but shall only relieve
the land from the payment of maintenance assessments on the ditches.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 429, effective June 17, 1978. -Created 1942 Ky. Acts ch. 45, secs. 1 and 2.
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