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81A.425 Notice of proposed annexation to property owners -- Exception -Publication of annexation ordinance -- Action to void annexation.
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Notwithstanding the provisions of KRS 83A.060(7) and except as otherwise
provided in this section, a city which proposes to annex unincorporated territory
shall send notice of the proposed annexation to each property owner whose
property is proposed to be annexed into the city.
The notice shall be sent to each property owner listed on the records of the
county property valuation administrator as of January 1 of the year in which the
ordinance proposing to annex property is to be enacted.
The notice shall be sent by first-class mail no later than fourteen (14) days prior
to the meeting at which the ordinance proposing the annexation shall receive
its second reading. The city clerk shall certify the list of property owners to
whom the notice was sent and the certified list shall be made a part of the
official record of the meeting at which the ordinance proposing the annexation
receives its second reading.
The notice shall include the time, date, and location of the meeting at which the
proposed ordinance shall receive its second reading, and a copy of the
proposed ordinance.
The provisions of this section shall not apply in any case in which the property
owners of record have consented in writing to the proposed annexation as
provided in KRS 81A.412.
Notwithstanding the provisions of KRS 424.130, following the second reading
and enactment of an ordinance proposing to annex property, a city shall be
required to publish the ordinance only once in accordance with KRS
83A.060(9).
The ordinance which effectuates an annexation shall be voidable in an action
brought in the Circuit Court of competent jurisdiction, if the court determines
that the city failed to substantially comply with the requirements of this section,
and the failure resulted in material prejudice to the substantial rights of affected
property owners.
Effective:July 14, 1992
History: Created 1992 Ky. Acts ch. 418, sec. 1, effective July 14, 1992.
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