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268.290
Determination of correctness of appraisers' report -- Proceeding to
abandon improvement -- Action of board -- Appeal.
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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.
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