74.175 Deferred assessments -- Limitation on actions.
376 words·~2 min read·
/ky/chapter-74/74-175A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)When the water district desires to construct a water main which shall be primarily a
transmission line and secondarily a line to serve customers along the water main,
the commission may recommend to the court that the assessments be on a deferred
basis. If the court determines that the water main is primarily a transmission main,
and secondarily benefits the property owners abutting the water main, the court may
provide that the assessments shall be on a deferred basis.
(2)In the event the assessments are on a deferred basis, they shall not be immediately
due and payable until the benefit to the abutting property owners is realized either
by a sale of the property or when the abutting property owner desires to tap into the
water main, and at that time the deferred assessment shall be paid in full without
interest. For a deferred assessment on which the district has not initiated collection
action in the courts by July 14, 1992, limitations on an action to collect shall not
begin to run until the assessment is immediately due and payable as provided for in
this subsection.
(3)In the event a property owner who has a deferred assessment against his property
sells only a portion of the property or desires water service for only a portion of the
property, the deferred assessment shall be prorated and paid only for the portion
being sold or for the reasonable area of property being served by the water main.
The property owner shall be required to furnish to the commission a plat of the
property being sold or the area which will be served with water, and no other area
may be served from that service unless an additional portion of the deferred
assessment is paid. For an additional portion of a deferred assessment on which the
district has not initiated collection action in the courts by July 14, 1992, limitations
on an action to collect shall not begin to run until the additional portion is
immediately due and payable because of further sale of the property or further
extension of water service.
(4)All remaining provisions of the assessment statutes shall apply to deferred
assessments, except as same may be inconsistent with this deferred assessment
provision.