262.110 Hearing on creation of district -- Matters to be considered.
424 words·~2 min read·
/ky/chapter-262/262-110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Within thirty
(30)days after a petition has been filed with the commission under
KRS 262.100, it shall cause due notice to be given of a proposed hearing upon the
questions of the desirability and necessity, in the interest of the public health, safety
and welfare, of the creation of the district; of the appropriate boundaries to be
assigned to the district; of the propriety of the petition and other proceedings taken
under this chapter, and upon all questions relevant to such inquiries. All owners and
occupiers of land within the limits of the territory described in the petition and of
lands within any territory considered for addition to the described territory, and all
other interested parties may attend the hearing and be heard.
(2)If it appears upon the hearing that it may be desirable to include within the proposed
district territory outside of the area within which due notice of the hearing has been
given, the hearing shall be adjourned, due notice of further hearing shall be given
throughout the entire area considered for inclusion in the district and a further
hearing shall be held. After that hearing, if the commission determines, upon the
facts presented at the hearing and upon other available relevant information, that
there is need, in the interest of the public health, safety and welfare, for a district to
function in the territory considered at the hearing, it shall make and record the
determination, and shall define, by metes and bounds or by legal subdivisions, the
boundaries of the district.
(3)In making the determination and in defining the boundaries, the commission shall
give weight and consideration to the topography of the area considered and that of
the state; the composition of soils; the distribution of erosion; the prevailing land-
use practices; the desirability and necessity of including within the boundaries the
particular lands under consideration and the benefits those lands may receive from
being included within the boundaries; the relation of the proposed area to existing
watersheds and agricultural regions and to other districts already organized or
proposed for organization under this chapter; and other relevant physical,
geographical and economic factors, having regard to the legislative determinations
set forth in KRS 262.020. The territory to be included within the boundaries need
not be contiguous. If the commission determines after the hearing, after
consideration of the relevant facts, that there is no need for a district to function in
the territory considered at the hearing, it shall make and record the determination
and shall deny the petition.