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267.470 Obstructions -- Landowner liable for damage caused by him.
(1)
(2)
If any obstruction exists in any natural drain, creek or nonnavigable stream that
constitutes an outlet for any public ditch, as provided in KRS 267.460, and the
board considers the removal of such obstruction necessary for the successful
operation of the public ditch or drain, the board may have such obstruction
removed, paying the cost thereof out of funds collected from any district, ditch or
drain for which it is an outlet. If it is an outlet for more than one (1), the expense
shall be prorated between them in such manner as the board considers equitable.
If any repairs to any improvement or to any natural drain, creek or nonnavigable
stream under the control of the board become necessary because of the act or
negligence of the owner of any land through which it passes, or his servants or
agents, or if the repairs are made necessary by any stock of the landowner, his
servants or agents, the repairs necessary to restore it to its previous condition shall
be made by such owner at his own expense. The superintendent of drainage shall
notify the owner of any such obstruction. If the owner fails to remove it within
thirty (30) days thereafter, the superintendent shall have it removed, paying the cost
in the same manner as provided in subsection (1) of this section. Any amount so
paid, with interest at the rate of six percent (6%) per annum, shall be charged to the
landowner in fault, and may be recovered by the board in any court of competent
jurisdiction, and shall constitute a lien upon the land that may be enforced as other
liens. Any amount so recovered shall be returned to the fund from which it was
paid.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 2380-41, 2380-43.
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