2013 Kentucky Revised Statutes CHAPTER 353 - MINERAL CONSERVATION AND DEVELOPMENT 353.260 Petition for court approval -- Affidavits -- Guardian ad litem -- Order of approval.
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353.260 Petition for court approval -- Affidavits -- Guardian ad litem -- Order
of approval.
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Upon the execution of such a consolidation agreement, the guardian shall file
with the clerk of the Circuit Court in the county in which the land covered by the
lease to be consolidated hereunder, or the greater portion thereof, lies a
petition for an order approving such consolidation agreement setting forth a
copy of the consolidation agreement and a statement of facts constituting the
grounds relied upon to secure the approval of such agreement, and shall
submit with the petition the affidavits of not less than three (3) disinterested
owners of real estate in the county wherein the proceedings hereunder are
brought, as to whether such agreement will be advantageous or beneficial to
the minor or minors for whom such guardian is acting, which affidavits shall be
filed and preserved as records of the Circuit Court.
No agreement permitted by KRS 353.240 to 353.260 shall be valid or effective
until the judge of said court appoints a guardian ad litem to represent the minor
or minors whose interests are sought to be consolidated hereunder. The
guardian ad litem shall file an answer and the affidavits of at least three (3)
witnesses, proving the advantages or disadvantages of such agreement, and
shall make such recommendation to the judge relating to the agreement as he
believes to be most beneficial to the persons on whose behalf he is acting. He
shall receive for his services a reasonable compensation, to be allowed by the
judge and taxed as costs.
The judge shall proceed in a summary manner to approve or disapprove the
consolidation agreement, and if he approves it he shall endorse his approval
thereon. The order of the judge approving such agreement shall be entered on
the civil order book of the circuit clerk's office of the county in which the
proceedings hereunder are brought.
Effective:January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 283, effective
January 2, 1978. -- Created 1944 Ky. Acts ch. 72, sec. 3.
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