268.290 Determination of correctness of appraisers' report -- Proceeding to

278 words·~1 min read·/ky/268-290

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

abandon improvement -- Action of board -- Appeal.

(1)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.

(2)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.

(3)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.

(4)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.

(5)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.