2014 Kentucky Revised Statutes
CHAPTER 262 - SOIL AND WATER CONSERVATION
262.140 Commission to determine feasibility of district when majority favor.
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<![CDATA[262.140 Commission to determine feasibility of district when majority favor.
(1)
(2)
The commission shall publish the result of the referendum held under KRS
262.120 and shall then determine whether the operation of the district within
the defined boundaries is administratively practicable and feasible. If the
commission determines that the operation of the district is not administratively
practicable and feasible, it shall record the determination and deny the petition.
If the commission determines that the operation of the district is
administratively practicable and feasible, it shall record the determination and
shall proceed with the organization of the district in the manner provided in
KRS 262.150. In making the determination the commission shall give regard
and weight to the attitudes of the owners and occupiers of lands lying within the
defined boundaries, the number of landowners eligible to vote in the
referendum who have voted, the proportion of the votes cast in the referendum
in favor of the creation of the district to the total number of votes cast, the
approximate wealth and income of the landowners and occupiers of the
proposed district, the probable expense of carrying on erosion-control
operations within the district, and such other economic and social factors as
may be relevant to the determination, having due regard to the legislative
determinations set forth in KRS 262.020.
The commission shall not determine that the operation of the proposed district
within the defined boundaries is administratively practicable and feasible
unless at least a majority of the votes cast in the referendum upon the
proposition of creation of the district have been cast in favor of creation of the
district.
Effective:October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 42i-5.
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