262.916 Legal action by board for violation of easement.
141 words·~1 min read·
/ky/chapter-262/262-916A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)If the PACE board finds what it believes is a violation of the terms of any easement
by the property owner, it may take appropriate legal action. Except when an
ongoing or imminent violation could irreversibly diminish or impair the agricultural
productivity of the restricted land, the PACE board shall give the landowners
written notice of the violation and sixty
(60)days to correct it, before taking legal
action.
(2)The owner of the restricted land shall bear all costs associated with the correction of
a violation of the easement, including:
(a)Costs of work required and materials used to correct the violation and restore
the restricted land to its condition prior to the violation;
(b)Administrative costs incurred by the PACE board; and
(c)Court costs and reasonable attorney's fees incurred by the PACE board in
enforcing the easement.