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104.480 Petition for district -- Signature requirements.
(1)
(2)
Before the secretary shall establish a flood control district, a petition shall be filed
with the secretary, containing valid signatures of seventy percent (70%) of those in
possession claiming as freeholders within the boundaries of the proposed flood
control district. Each joint owner of property shall be counted as a separate
freeholder.
In determining when seventy percent (70%) of the landowners have signed the
petition the secretary shall consult with the landowners whose names appear upon
the county tax duplicate, which for all purposes of KRS 104.450 to 104.680 shall be
prima facie evidence of such ownership. The secretary shall further require evidence
to determine the fact that all signatures on the petition are genuine, and a
notification by ordinary mail sent to the respective addresses shown on the petition
shall establish the genuineness of a signature if the petitioner so notified fails to
report in writing within ten (10) days that he did not sign the petition. When
authorized by ordinance, such a petition may be signed by a majority of the
governing body of any municipality lying wholly or partly within the proposed
district. When so signed by a majority of such governing body the petition shall fill
all requirements of representation on the part of the freeholders of the municipality
as they appear upon the assessment roll of the municipality, and individuals within
the municipality shall not sign the petition.
Effective: July 15, 1982
History:Amended 1982 Ky. Acts ch. 217, sec. 1, effective July 15, 1982. -- Created 1950
Ky. Acts ch. 42, sec. 4.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.
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