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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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