268.270 Appraisers' work and report on benefits and damages -- Cost of
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/ky/268-270A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
improvement.
(1)Within ten
(10)days after being sworn as provided by KRS 268.260, the appraisers
shall begin their duties. They may at any time call upon the attorney of the district
for legal advice and information relative to their duties, and the chief engineer or
one
(1)of his assistants shall accompany them at all times and render his opinion in
writing when called for.
(2)The appraisers shall view the premises and determine the value of all property
subject to assessment, or which is to be acquired or used as set out in the plan for
reclamation. They shall appraise each tract of land separately, and assess the amount
of benefits and damages that will accrue to each separate piece of property as a
result of execution of the plan for reclamation as adopted by the board.
(3)The appraisers, in assessing the benefits to property not traversed by the
improvements as provided for in the plan for reclamation, shall not consider what
benefits will be derived by such property after other improvements or plans have
been constructed, but they shall assess only the benefits that will be derived from
the construction of the improvements set out in the plan for reclamation, or as such
improvements may afford an outlet for drainage or protection from overflow of that
property. The appraisers shall give due consideration and credit to any other
improvements or systems of reclamation that have already been constructed and that
afford partial or complete protection to any property in the district. The property
shall be assessed according to the increased physical efficiency and decreased
annual average maintenance cost by reason of the protection to be derived from the
proposed improvements capitalized upon a six percent (6%) basis. The appraisers
shall not change or modify the plan for reclamation.
(4)The appraisers shall prepare a written report of their findings, signed by at least two
(2)of them. They shall make three
(3)copies of the report, to be filed with the
secretary of the board. This report shall contain a statement of their findings on the
following facts: A description of each parcel of property, as described in the
engineer's report containing the plan for reclamation; the name of the owner; the
name of the county in which it is located; the present value of each separate tract of
land per acre; the number of acres in each tract; the quantity of land in each tract to
be taken or used; the value of the land to be taken or used; the consequential
damage to any property that will result from making the improvement; the
enhancement of value of each tract, by the acre, which will result from the
improvement; the number of acres in each class of benefits as classified by them.
(5)Each tract shall be reported separately. Substantially the following form shall be
followed in this particular:
"(Name of district) _____________ (drainage), (levee), (reclamation) District,
located in the County of ____________, Kentucky.
"Name of owner ______________ Post office address ______________
(Description of land). Located in ______________ County. Number of acres in tract
_________ Present value of land per acre $_______ Quantity of land to be taken or
used ____________ Value of land to be taken or used $____________
Consequential damages to adjacent lands ______________ Enhancement of value
of land which will result from the improvement per acre $____________
No.of acres in tract in class A _____________________________
No.of acres in tract in class B _____________________________
No.of acres in tract in class C _____________________________
No.of acres in tract in class D _____________________________
No.of acres in tract in class E _____________________________
No.of acres in tract in class _______________________________
Remarks: _________________________"
(6)If the appraisers find any property outside of the district that will be damaged by the
proposed improvement, or that must be taken for any improvement set out in the
plan for reclamation, they shall give the name of the owner and a description of the
property separate from the regular report but attached to it.
(7)They shall also, with the advice of the engineer, estimate and tabulate the cost of
improvements set out in the plan for reclamation, to include cost of all property,
damages, and the probable expenses of organization and administration estimated
by the board.
(8)The secretary of the board or his deputy shall accompany the appraisers while
engaged in their duties, and shall perform all their clerical work. He shall also,
under the supervision of the attorney for the district, prepare their report. The
appraisers shall report to the board the number of days each was employed and the
actual expenses incurred.