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262.430 Board may file petition to compel observance of land-use
regulations.
(1)
(2)
Where a board finds that any of the provisions of land-use regulations are not
being observed on particular lands, and that the nonobservance tends to
increase erosion on those lands and is interfering with the prevention or control
of erosion on other lands within the district, the board may present to the
Circuit Court of the county in which the lands of the defendant lie a verified
petition setting forth the adoption of the ordinance prescribing land-use
regulations, the failure of the defendant landowner or occupier to observe the
regulations and to perform particular work, operations or avoidances as
required by the regulations, and that such nonobservance tends to increase
erosion on the lands and is interfering with the prevention or control of erosion
on other lands within the district. In all cases where the person in possession of
lands is not the owner, the owner of the lands shall be joined as party
defendant. The petition shall pray the court to require the defendant to perform
the work, operations or avoidances within a reasonable time and to order that if
the defendant fails to perform the board may go on the land, perform the work
or other operations, or otherwise bring the condition of the lands into conformity
with the regulations, and recover the costs and expenses thereof, with interest,
from the defendant.
Upon the presentation of the petition, the court shall cause process to be
issued against the defendant and shall hear the case. If it appears to the court
that testimony is necessary for the proper disposition of the matter, it may take
evidence or appoint a referee to take such evidence as it may direct, and report
the evidence to the court with his findings of fact and conclusions of law, which
shall constitute a part of the proceedings upon which the determination of the
court shall be made.
Effective:October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 42i-11.
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