220.553 Construction subdistrict established -- Petition -- Procedure -- Judicial

375 words·~2 min read·/ky/220-553

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review.

(1)The district may establish a construction subdistrict when twenty-five percent (25%)

or more of the freeholders of land sought to be included in the construction

subdistrict file their petition with the district. The petition shall describe the territory

intended to be included in the construction subdistrict and the sewer and drainage

conditions and facilities existing in this territory. The territory of the construction

subdistrict may be noncontiguous to other territory of the district. Tenants in

common, joint tenants with or without right of survivorship, and tenants by the

entireties shall be deemed one

(1)freeholder or property owner.

(2)When the petition is filed with the district, said district shall give notice of the filing

by publication pursuant to KRS Chapter 424. Within thirty

(30)days after the

publication, any resident or freeholder of the proposed construction subdistrict may

file objections and the district shall set the case for hearing within thirty

(30)days.

If the district finds that the establishment of the construction subdistrict is

reasonably necessary for the public health, convenience and comfort of the residents

of the subdistrict, it shall make an order establishing the construction subdistrict,

and designating it by name and number.

(3)If the district finds that the construction subdistrict is not necessary, it may dismiss

the petition. If the district finds that any part of the proposed territory will not be

benefited, it may strike such part. If the district strikes a certain portion of the area,

the signature of the freeholders of that portion shall not be counted in determining

whether the necessary twenty-five percent (25%) have petitioned for the creation of

the subdistrict. A copy of the order of the board establishing a construction

subdistrict shall be published in accordance with KRS Chapter 424.

(4)An order of the district rejecting or dismissing the petition shall be deemed a final

order of the district appealable to the Circuit Court under the procedure set forth in

KRS 220.563 within sixty

(60)days. Appeals to the Circuit Court from the order

establishing a construction subdistrict or striking or refusing to strike any territory

from a construction subdistrict shall be made only as provided in KRS 220.563, and

only after following the procedures required in KRS 220.563.