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262.748 Resolution for maintenance and operation of project -- Notice -Hearing -- Election -- Assessment.
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(2)
(3)
(4)
(5)
Upon determination by the board of directors of a watershed conservancy
district that the improvement, continuing operation, or maintenance of a
watershed project is necessary, the board of directors may adopt a resolution
which shall set out:
(a) A list of the benefited lands located in the flood plain, as determined by
the board of directors, giving the acreage of such lands and the names of
the owners thereof as defined by KRS 262.010(7) with a classification of
such lands or parts thereof into classes in order that assessments may be
made according to direct benefits; and
(b) The annual assessments to be levied upon the lands set out in the
resolution on the basis of a certain amount per acre according to benefits
received, not to exceed in any one (1) year a sum per acre specified in
the resolution.
The board of directors shall cause due notice of the resolution to be given to all
the owners of benefited lands, as determined by the board. Said notice shall
set out the time and place of a meeting of the board of directors of the
watershed conservancy district at which owners of benefited lands who may be
liable for the annual assessments may be heard.
At the hearing upon the resolution, owners of benefited lands may voice their
views concerning the proposal as to whether it should be undertaken, and the
scope thereof, or the degree of benefit received by their lands. The board shall
prepare a record summarizing the proceedings. If the board of directors
determines as a result of the hearing that the proposal should be carried out as
planned, it may make such changes or revisions in the resolution as it deems
proper and shall give due notice of an election to be held at which benefited
landowners may vote on the question of annual special assessments to defray
the cost. The notice of the election shall include the text of the resolution of the
board in its final form. The board of directors may give due notice as provided
in KRS 262.010(4).
The board of directors shall prepare the following question to be presented to
the voters: "Should the assessment for improvement, continuing operation, or
maintenance proposed by resolution of the........ Watershed Conservancy
District be adopted?" Voters shall be instructed to vote "yes" or "no" on the
proposition. Only owners of benefited land as set out in the resolution shall be
eligible to vote. The board of directors may provide for a meeting of the
landowners at which the vote may be cast, in which case qualified voters may
vote by absentee vote. The board shall appoint a polling superintendent and
other necessary election officers, giving representation to the opponents of the
question as well as to proponents.
If a majority of those voting upon the proposition favor the assessment the
board shall give due notice of the vote. Any owner of property to be benefited
by the project may, within forty (40) days after publication of such notice, file an
action in the Circuit Court of the county in which his lands are located seeking
relief by declaratory judgment or injunction. If a suit is filed, the county attorney
shall represent the board of directors in upholding the validity of the proposed
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assessment. After the lapse of time specified herein all actions by owners of
properties to be benefited shall be forever barred.
If no suit is filed and no injunction issued within the time allowed in subsection
(5) of this section, the board of directors shall levy annual assessments
effective only upon the benefited properties and based on the acreage thereof.
The annual assessment shall be made by the board of directors at the same
time and in the same manner as provided in KRS 262.765 for taxes generally
and shall be collected as provided in KRS 262.770. The assessments shall
constitute liens against the land benefited and shall attach to the land, taking
precedence over all other liens except state, county and municipal taxes and
prior improvement assessments.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 51, sec. 7, effective June 26, 2007. -Amended 1982 Ky. Acts ch. 360, sec. 82, effective July 15, 1982. -- Created
1978 Ky. Acts ch. 332, sec. 13, effective June 17, 1978.
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