269.260 Withdrawal of land from drainage district.

273 words·~1 min read·/ky/chapter-269/269-260

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

(1)If at any time any person or persons owning lands within any drainage district

desires to withdraw his lands in whole or in part from the drainage district, such

person or persons upon the approval of a majority of the qualified members of the

drainage board may petition the county judge/executive for a withdrawal of his or

their lands from the district. The county judge/executive shall set a date for a

hearing on the petition not less than fifteen

(15)nor more than thirty

(30)days after

the petition is filed and issue and cause to be served upon the drainage board notice

of the hearing. Upon proper showing that the lands should be withdrawn from the

drainage district, and if no valid reason is shown against the withdrawal of the lands

from the drainage district, the county judge/executive shall enter an order

withdrawing the lands. After the order of withdrawal is entered, the lands shall

cease to be within the drainage district, but an appeal may be taken from the order

to the Circuit Court, and from the Circuit Court to the Court of Appeals. All costs in

any action filed are to be paid by the petitioner or petitioners regardless of the result

of the action.

(2)The withdrawal of lands from a drainage district as provided for in subsection

(1)of

this section shall not relieve land already within a drainage district from the

payment of its proportionate part of any bonds or other outstanding indebtedness

which were issued or incurred in the district, but shall only relieve the land from the

payment of maintenance assessments on the ditches.