2013 Kentucky Revised Statutes CHAPTER 267 - DRAINAGE AND RECLAMATION ACT OF 1912 267.160 Viewers' classification of land for assessment -- Rate of assessment.
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267.160 Viewers' classification of land for assessment -- Rate of assessment.
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(2)
(3)
The viewers shall meet on the day named in the notice provided by KRS
267.150, or as soon thereafter as practicable, and proceed with their work, for
which the clerk shall furnish them with the duplicate plan of drainage adopted
by the board. As soon after their first meeting as possible, the viewers shall
examine the land in the district; the railroad property in the district; all other
improvements, highways and bridges that may be affected by the proposed
improvement; and all ditches, drains, ponds, lakes, creeks and watercourses in
the district, or that are partly within and partly without the district. A majority of
the viewers shall control and decide all questions.
The viewers shall classify the land in the district with reference to the benefit it
will receive from the improvement. In the case of drainage, the degree of
wetness of the land, its proximity to the ditch or a natural outlet and the fertility
of the soil shall be considered in determining the amount of benefit it will
receive by the construction of the ditch. Except as provided in subsection (3) of
this section, the land benefited shall be separated into five classes. The land
receiving the highest benefit shall be marked "Class A"; that receiving the next
highest, "Class B"; that receiving the next highest, "Class C"; that receiving the
next highest, "Class D"; and that receiving the smallest benefit, "Class E." The
holding of any one landowner need not be all in one class, but the number of
acres in each class shall be ascertained, though its boundary need not be
separately marked on the ground nor shown on the map. The total number of
acres owned by one (1) person in each class and the total number of acres
benefited shall be determined. The total number of acres of each class in the
entire district shall be determined and presented in tabulated form. The scale of
assessment to be made by the board upon the several classes of land returned
by the viewers shall be in the ratio of five (5), four (4), three (3), two (2) and
one (1). Whenever five (5) mills per acre are assessed against the land in
"Class A," four (4) mills per acre shall be assessed against the land in "Class
B," three (3) mills per acre in "Class C," two (2) mills per acre in "Class D," and
one (1) mill per acre in "Class E." This shall form the basis of the assessment
of benefits to the land for drainage purposes, and in calculating the
assessment against each landowner the board shall follow the classification.
If the viewers believe that existing conditions would cause substantial injustice
to any landowner by strict conformity to the five-class rule, the classification
may be changed by diminishing or increasing the number of classes to conform
to such conditions, or the viewers may report the benefits they estimate will
accrue to each tract of land without dividing the land into classes. If the
classification is changed the viewers shall indicate to the board the ratio of
assessment for such changed classification as compared with the five-class
rule.
Effective:October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 2380-10.
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