81A.510 Annexation of unincorporated territory in which industrial plants are

337 words·~2 min read·/ky/81a-510

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

located -- Public policy stated -- Prerequisites -- Protest and hearing.

(1)The General Assembly, recognizing that the general welfare and prosperity of the

Commonwealth of Kentucky is very greatly dependent upon continued industrial

development and expansion; and, further recognizing that reasonable assurances of

fair treatment will greatly increase industrial development and expansion in

Kentucky, it hereby is declared to be the public policy of the Commonwealth of

Kentucky to encourage the location of new industries and the expansion of existing

industries in Kentucky by prohibiting unfair and unreasonable annexation by

municipal corporations of industries now or hereafter located in unincorporated

areas. However, it is not the intent of the General Assembly to prohibit, restrict or

hamper normal expansion of municipal boundaries if such normal development and

expansion extends to and embraces such industrial properties.

(2)No unincorporated territory in which is located an industrial plant or plants shall be

annexed by any municipality unless such territory is embraced within a broad,

comprehensive plan of annexation. The territory to be annexed shall be contiguous

to the boundary line or lines of such municipality, and the territory or area to be

annexed shall be both compact and contiguous. The number of registered voters

duly qualified to vote in the territory proposed to be annexed shall equal or exceed

fifty percent (50%) of the average number of persons employed by industrial plants

within such territory during the next preceding calendar year, the number of such

registered voters to be determined by taking the total of such voters from the last

closed registration books in the county clerk's office.

(3)Nothing herein shall be construed as prohibiting any municipality from annexing

any industrial plant or plants or its properties if the duly authorized representatives

of such industrial plant or plants consent to or request such action.

(4)Any person or persons within the area proposed to be annexed shall have the right

to file a protest and to have the protest heard and determined as now provided by

existing statutes.