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220.553 Construction subdistrict established -- Petition -- Procedure -- Judicial
review.
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The district may establish a construction subdistrict when twenty-five percent (25%)
or more of the freeholders of land sought to be included in the construction
subdistrict file their petition with the district. The petition shall describe the territory
intended to be included in the construction subdistrict and the sewer and drainage
conditions and facilities existing in this territory. The territory of the construction
subdistrict may be noncontiguous to other territory of the district. Tenants in
common, joint tenants with or without right of survivorship, and tenants by the
entireties shall be deemed one (1) freeholder or property owner.
When the petition is filed with the district, said district shall give notice of the filing
by publication pursuant to KRS Chapter 424. Within thirty (30) days after the
publication, any resident or freeholder of the proposed construction subdistrict may
file objections and the district shall set the case for hearing within thirty (30) days.
If the district finds that the establishment of the construction subdistrict is
reasonably necessary for the public health, convenience and comfort of the residents
of the subdistrict, it shall make an order establishing the construction subdistrict,
and designating it by name and number.
If the district finds that the construction subdistrict is not necessary, it may dismiss
the petition. If the district finds that any part of the proposed territory will not be
benefited, it may strike such part. If the district strikes a certain portion of the area,
the signature of the freeholders of that portion shall not be counted in determining
whether the necessary twenty-five percent (25%) have petitioned for the creation of
the subdistrict. A copy of the order of the board establishing a construction
subdistrict shall be published in accordance with KRS Chapter 424.
An order of the district rejecting or dismissing the petition shall be deemed a final
order of the district appealable to the Circuit Court under the procedure set forth in
KRS 220.563 within sixty (60) days. Appeals to the Circuit Court from the order
establishing a construction subdistrict or striking or refusing to strike any territory
from a construction subdistrict shall be made only as provided in KRS 220.563, and
only after following the procedures required in KRS 220.563.
History: Created 1966 Ky. Acts ch. 92, sec. 3.
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