2006 Kentucky Revised Statutes - .320 Bonds authorized when average assessment exceeds twenty-five cents ($0.25) per acre -- Failure to pay assessment is consent to bonds.
.25) per acre -- Failure to pay assessment is consent to bonds.
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.25) per acre -- Failure to pay assessment is consent to bonds.
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267.320 Bonds authorized when average assessment exceeds
twenty-five cents($0.25) per acre -- Failure to pay
assessment is consent to bonds. (1) If the total assessment
exceeds the average of twenty-five cents ($0.25) per acre on all
the land assessed, the board may give notice by publication
pursuant to KRS Chapter 424, and by posting a notice at the door of
the courthouse in each county in which land assessed is located,
and at five (5) conspicuous places in the district, that it
proposes to issue bonds for the construction of the improvement,
giving the amount of bonds to be issued, the rate of interest they
are to bear and the time when payable. Any landowner having land
assessed in the district and not wanting to pay interest on the
bonds may, within thirty (30) days after the publication of the
notice, pay the county treasurer the full amount of his assessment
and have his land released. If the landowner produces a treasurer's
receipt showing such payment, the county clerk or the secretary of
the board shall indorse the release upon the assessment roll, and
report to the board all releases made by him. This report shall be
recorded on the record or minutes of the board. When the board is
satisfied that any assessment has been paid it may order a release
made. (2) Each person owning land assessed in the district who
fails to pay the full amount of his assessment within thirty (30)
days after publication of the notice shall be deemed to consent to
the issuing of bonds, and in consideration of the right to pay his
assessment in installments he thereby waives his right to any
defense against the collection of the assessment because of any
irregularity, illegality or defect in the proceeding prior to that
time, except in the case of an appeal, which is not affected by
this waiver. Effective: June 16, 1966 History:
Amended 1966 Ky. Acts ch. 239, sec. 186, effective June 16, 1966.
-- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 2380-32, 2380-33.
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