266.170 Board's power to make additional assessments under drainage law
300 words·~1 min read·
/ky/266-170A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
procedure.
(1)Whenever it is necessary for the board to have sufficient funds to enable it to pay
the interest and principal of any bonds, or any liability incurred necessary in the
reconstruction, repair or maintenance of any public levee constructed under laws
other than the general laws of the state pertaining to drainage of lands, the board or
any landowners benefited by the reconstruction, enlargement, repair or maintenance
of the levee may petition the county judge/executive of the county of the board's
appointment to have the lands benefited by the reconstruction, enlargement, repair
or maintenance classified and formed into a district and assessed to pay the interest
and principal of the bonds or other liability in the same manner as provided in the
general laws pertaining to drainage of lands.
(2)A proceeding to have the lands protected by such levee assessed for the repair or
maintenance of the levee for the current year shall enable the board to make,
annually thereafter, an assessment of a like amount against the land in the district
protected by the levee, and, in any year thereafter, an assessment of such a lesser
amount as the board considers necessary to repair and maintain the levee. When the
cost of the reconstruction and enlargement of the levee cannot be paid out of annual
assessments made for the repair or maintenance of the levee, as hereinbefore set out,
original proceedings may be had to classify the land benefited by the reconstruction
or enlargement and form the land into a district and make assessments against the
land so benefited for the cost thereof as often as necessary.
(3)Assessments made under this section shall not be defeated on account of any
irregularity in the proceedings that does not affect the substantial rights of the party
complaining.