Download as PDF
262.110 Hearing on creation of district -- Matters to be considered.
(1)
(2)
(3)
Within thirty (30) days after a petition has been filed with the commission under
KRS 262.100, it shall cause due notice to be given of a proposed hearing upon
the questions of the desirability and necessity, in the interest of the public
health, safety and welfare, of the creation of the district; of the appropriate
boundaries to be assigned to the district; of the propriety of the petition and
other proceedings taken under this chapter, and upon all questions relevant to
such inquiries. All owners and occupiers of land within the limits of the territory
described in the petition and of lands within any territory considered for addition
to the described territory, and all other interested parties may attend the
hearing and be heard.
If it appears upon the hearing that it may be desirable to include within the
proposed district territory outside of the area within which due notice of the
hearing has been given, the hearing shall be adjourned, due notice of further
hearing shall be given throughout the entire area considered for inclusion in the
district and a further hearing shall be held. After that hearing, if the commission
determines, upon the facts presented at the hearing and upon other available
relevant information, that there is need, in the interest of the public health,
safety and welfare, for a district to function in the territory considered at the
hearing, it shall make and record the determination, and shall define, by metes
and bounds or by legal subdivisions, the boundaries of the district.
In making the determination and in defining the boundaries, the commission
shall give weight and consideration to the topography of the area considered
and that of the state; the composition of soils; the distribution of erosion; the
prevailing land-use practices; the desirability and necessity of including within
the boundaries the particular lands under consideration and the benefits those
lands may receive from being included within the boundaries; the relation of the
proposed area to existing watersheds and agricultural regions and to other
districts already organized or proposed for organization under this chapter; and
other relevant physical, geographical and economic factors, having regard to
the legislative determinations set forth in KRS 262.020. The territory to be
included within the boundaries need not be contiguous. If the commission
determines after the hearing, after consideration of the relevant facts, that there
is no need for a district to function in the territory considered at the hearing, it
shall make and record the determination and shall deny the petition.
Effective:October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 42i-5.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.