Download as PDF
268.290 Determination of correctness of appraisers' report -- Proceeding to
abandon improvement -- Action of board -- Appeal.
(1)
(2)
(3)
(4)
(5)
When the hearing is completed, the board shall determine the correctness of
the classification and assessment of benefits to each piece of property
involved. If no objections are raised to the report of the appraisers, the report
shall be considered correct in all respects.
If it appears to the board, after having heard all objections, that the estimated
cost of the construction of the proposed improvement contemplated in the plan
of reclamation is less than the benefits properly assessed against the property,
the board shall then approve and confirm the report of the appraisers as to the
classification and assessment of benefits as amended or modified by the
board. If it appears to the board that the cost exceeds the benefit accruing to
the property in the district, the board shall abandon the proposed improvement.
The board shall state its findings and enter it along with an order approving or
disapproving the proposed improvement, and file the same with the secretary
of the board, who shall note upon the order the date of its filing.
After the report of the appraisers has been filed, if the owners of seventy-five
percent (75%) of the land in the district, or any part of it which is practically
separated from the rest, file a petition with the board stating that they desire to
abandon the proposed improvement, the board shall abandon it at the cost of
the landowners.
Any person may appeal to the Circuit Court within thirty (30) days from the
filing of the order of the board. The trial in Circuit Court shall be de novo.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 574, effective June 17, 1978. -Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 239, effective January 2,
1978 -- Amended 1976 Ky. Acts ch. 140, sec. 103. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2380b-18.
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.
