Title XXII, Levees, Drainage, and Reclamation of Lands
4 chapters · 148 sections in this title.
KRS § 267.010 Definitions
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As used in this chapter, unless the context otherwise requires: (1) "Board" means the county board of drainage commissioners, or, in counties having seventy-five (75) or more separate drainage districts, or in counties availing themselves of the provisions of KRS 267.390(3)(b) an…
KRS § 267.015 Compliance with KRS 65A.010 to 65A.090
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All boards established under this chapter shall comply with the provisions of KRS 65A.010 to 65A.090.
KRS § 267.020 Creation of drainage district
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A drainage district may be created in accordance with the procedures of KRS 65.810 for the purpose of draining or reclaiming low, swampy or overflowed land in the county, locate, establish and have constructed any levee, ditch, drain or canal, and have constructed, straightened, …
KRS § 267.090 Drainage directors -- Election
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(1) In every county where an improvement has been made under former laws or is made under this chapter, except those counties having seventy-five (75) or more separate drainage districts or those counties availing themselves of the provisions of KRS 267.390(3)(b) and 267.490 as p…
KRS § 267.100 Board of drainage commissioners created -- Powers
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Except as provided in KRS 267.010, 267.090, and 267.490, the directors from the various districts of the county shall constitute the county board of drainage commissioners, with the right to acquire, hold, encumber, sell and convey any property necessary to the conduct of its aff…
KRS § 267.110 Officers of board
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Within fifteen (15) days after the election of the directors they shall meet at the county seat and elect a president and treasurer from their number, and a secretary who need not be from their number. If no secretary is elected, the county clerk shall be the ex officio secretary…
KRS § 267.120 Meetings -- Office -- Records -- Reports -- Expenses
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(1) The board shall meet when called by the president. The president shall call a meeting upon the written request of two (2) or more directors. The board shall have an office at the county seat, which shall be provided with all necessary furniture, stationery and records. The bo…
KRS § 267.130 Drainage engineer -- Powers -- Duties -- Assistants -- Survey -- Map -- Report
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Report. (1) When the court refers to it any proceeding to establish or construct any improvement, the board shall employ a competent drainage engineer, who shall be the chief engineer for the work. The board may prescribe the number of assistant engineers to be selected by the ch…
KRS § 267.140 Conference as to place and method of crossing railroad right-of-way
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Whenever the chief engineer makes a survey to locate a district or to change a natural watercourse that would cross the right-of-way of any railroad company the board shall serve written notice upon the local agent of the company, or its lessee or receiver, that the chief enginee…
KRS § 267.150 Adoption of engineer's report -- Action of county judge/executive, clerk and viewers
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and viewers. When the engineer's report is filed, the board shall meet and receive and adopt it, with any modifications that may be determined upon, and shall notify the county judge/executive of its action. Within ten (10) days thereafter, the county judge/executive shall enter …
KRS § 267.160 Viewers' classification of land for assessment -- Rate of assessment
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(1) The viewers shall meet on the day named in the notice provided by KRS 267.150, or as soon thereafter as practicable, and proceed with their work, for which the clerk shall furnish them with the duplicate plan of drainage adopted by the board. As soon after their first meeting…
KRS § 267.170 Report of viewers on classification -- Estimate of cost of improvement
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The viewers shall keep an accurate account and report to the court the name of each person employed on the survey, the kind of work done, the number of days employed, any expenses that have been incurred in going to and from the work, and the cost of any supplies or material that…
KRS § 267.180 Cost of construction and assessment of benefits when improvement crosses highway
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highway. When any improvement crosses a public street or highway, the actual cost of constructing it across the street or highway, or removing old bridges or building new ones, shall be paid out of the fund of the drainage district. When any street or highway in the district is b…
KRS § 267.190 Railroad property benefited shall be assessed
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The viewers shall assess the benefits that will accrue to the property of any railroad company by affording better drainage or a better outlet for drainage, but no benefits shall be assessed because of the increase in business that may come to any railroad company because of the …
KRS § 267.200 Viewers shall assess damages
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The viewers shall assess the damages claimed by anyone that is justly right and due to him for property taken, injured or destroyed because of an improvement, or for any other legal damages sustained, including the actual estimated amount saved on account of private ditches utili…
KRS § 267.210 Viewers' final report -- Notice -- Hearing
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When the final report of the viewers is completed and filed, it shall be examined by the county judge/executive, and if it is found to be legal and in due form it shall be accepted, and if not it may be referred back to the viewers with instructions to secure further information,…
KRS § 267.220 Court shall refer proceeding to board
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When the district is declared established, and the final report of the viewers approved or confirmed, the court shall refer the whole proceeding to the board for further proceedings.
KRS § 267.230 Drainage record -- Copy filed in any county affected
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The county clerk of each county shall provide a suitable record book to be known as the "drainage record," in which he shall enter or copy every order, report, judgment or finding concerning the district. When land in any other county is affected, copies of all such records shall…
KRS § 267.240 Construction contract -- Bond -- Board may construct
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(1) Upon final reference to it by the court of any drainage proceedings, the board shall give notice by publication pursuant to KRS Chapter 424 in the county in which the improvement is located, of the time and place of letting the work of construction and of the approximate amou…
KRS § 267.250 Payment for work in installments -- Warrants
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The chief engineer in charge of construction shall make monthly estimates of the amount of work done, and furnish one (1) copy to the contractor and file the other with the secretary of the board. The board shall meet within five (5) days after the filing of such estimate, and if…
KRS § 267.260 Contractor's right of access -- Obstructions
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In the construction of the work the contractor may enter upon any land necessary for this purpose, and may remove any bridge or fence and cross private land in going to or from the work. If the right-of-way of the improvement is through timber, the owner may remove it before the …
KRS § 267.270 Method of construction when improvement crosses railroad property -- Cost
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Cost. (1) After the contract is let and the actual construction is commenced, if the work is being done with a floating dredge, the superintendent in charge of construction shall notify any railroad company of the probable time at which the contractor will be ready to enter upon …
KRS § 267.280 Condemnation of land not affected by drainage
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If it is necessary to acquire a right-of-way or any outlet over or through lands not affected by the drainage, and the same cannot be acquired by purchase, the same may be condemned by the board. The owners of the land sought to be condemned shall be made parties to the proceedin…
KRS § 267.290 Assessment roll and statement of cost -- What to include
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After the classification of the land and the ratio of assessment of the different classes has been confirmed by the county judge/executive, the board shall prepare an assessment roll or drainage tax duplicate, giving a description of all the land in the district, the name of the …
KRS § 267.300 Hearing on assessment roll and statement -- Notice -- Appeal -- Filing approved roll
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approved roll. (1) When the copies of the assessment roll and statement of costs are filed with the county clerk, the clerk shall give notice, by publication pursuant to KRS Chapter 424 in the county, of the filing of the assessment roll and statement, and that they will be heard…
KRS § 267.310 Payment and collection of assessments when average below twenty-five cents ($0.25) per acre
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cents ($0.25) per acre. If the total assessment against the land is less than an average of twenty-five cents ($0.25) per acre, the assessments shall be collected in one (1) installment. In that case, after the assessment roll has been made out and one (1) copy delivered to the c…
KRS § 267.320 Bonds authorized when average assessment exceeds twenty-five cents ($0.25) per acre -- Failure to pay assessment is consent to bonds
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($0.25) per acre -- Failure to pay assessment is consent to bonds. (1) If the total assessment exceeds the average of twenty-five cents ($0.25) per acre on all the land assessed, the board may give notice by publication pursuant to KRS Chapter 424, and by posting a notice at the …
KRS § 267.330 Issuance and sale of bonds -- Collection of assessment installments
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(1) At the expiration of thirty (30) days after publication of the notice required by KRS 267.320, the board may divide the unpaid assessments into annual installments, not less than two (2) nor more than thirty (30), which shall draw interest at the rate or rates or method of de…
KRS § 267.340 Refunding bonds
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Refunding bonds may be issued and sold, and assessments may be levied and collected to retire the refunding bonds, in the manner provided in KRS 269.010 to 269.050.
KRS § 267.350 Board or court may change assessment -- Relevy
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(1) When the county judge/executive has confirmed an assessment for any improvement and it has been modified by a court of superior jurisdiction, or for some unforeseen cause it cannot be collected, the board may change the original assessment to conform to the judgment of the co…
KRS § 267.360 Liability of successor in title -- Contribution between several owners
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Any person who acquires title to any land affected by any proceeding under this chapter after the preliminary report of the viewers is filed shall be deemed privy to the person owning or in possession under claim of ownership at the time the preliminary report is filed, and shall…
KRS § 267.370 Lien of assessments -- Enforcement
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(1) The assessment roll and each assessment installment shall be a paramount lien against the lands assessed, subject only to the lien for state and county taxes. (2) Any lien established under this chapter may be enforced by an action in the Circuit Court without regard to the a…
KRS § 267.380 Validity of proceeding -- Irregularities -- Remedies -- Releases
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The assessment roll made up by the board shall be prima facie evidence in all courts that all steps necessary to be taken under this chapter have been properly taken, and that all proceedings are regular and valid. The collection of any assessment shall not be defeated, where the…
KRS § 267.390 Maintenance of improvements -- Maintenance assessments
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(1) Except as otherwise provided in this chapter, all improvements made under this chapter, as well as all public ditches or drains established or constructed under pre- existing laws, shall be under the control and supervision of the board having jurisdiction of the proceedings …
KRS § 267.400 Superintendent of drainage -- Duties -- Bond -- Compensation
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The board may employ a competent person as superintendent of drainage, for such time as it deems necessary. He shall be subject to the orders of the board, and shall look after all improvements under charge of the board and keep them clean, open and in good condition. The superin…
KRS § 267.410 Attorney for board -- Agreement -- Duties
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The board may employ an attorney. Such employment shall be evidenced by a written agreement which, as far as possible, shall specify the exact amount to be paid to the attorney for all services and expenses. The attorney shall conduct all legal actions in which the board is inter…
KRS § 267.420 Fees -- Costs -- Expenses -- Compensation of employees and viewers
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(1) The fees of officers for services rendered under this chapter shall be the same as fees allowed by law for similar services in other cases. Such fees shall be taxed as part of the costs. The county judge/executive shall also include as costs reasonable fees to the attorneys f…
KRS § 267.430 Expenses apportioned among districts
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The board shall keep a correct account of the time spent by it, and by each employee, and of each item of expense incurred in connection with any district, and shall charge such time or expense to the district for which it was done. Where the time or expense is applied to more th…
KRS § 267.440 County treasurer's duties as treasurer of district -- Compensation
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The treasurer of the county in which the district is established shall be treasurer of the district, and the treasurers of the counties other than that in which the proceeding is pending shall pay over to him any funds collected and paid over to them for the benefit of the distri…
KRS § 267.450 Landowner's right to use improvement as an outlet
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The owner of any land that has been assessed for the cost of any improvement may use the improvement as an outlet for lateral drains from his land. If the land is separated from the improvement by the land of another, and the owners are unable to agree as to the terms on which th…
KRS § 267.460 Natural drain may become public ditch
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Whenever any public ditch or drain established and constructed under this chapter or any pre-existing law empties into a natural drain, creek or nonnavigable watercourse, such natural drain, creek or watercourse from the mouth of the public ditch or drain to the mouth of the natu…
KRS § 267.470 Obstructions -- Landowner liable for damage caused by him
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(1) If any obstruction exists in any natural drain, creek or nonnavigable stream that constitutes an outlet for any public ditch, as provided in KRS 267.460, and the board considers the removal of such obstruction necessary for the successful operation of the public ditch or drai…
KRS § 267.480 Damage or obstruction of improvement
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No person shall damage or obstruct any improvement or waterway under the control of the board. No person shall place any floodgate, bridge or fence across the same, unless the right so to do is first obtained from the board by order entered upon its record specifying the kind of …
KRS § 267.490 Drainage commissioner and board of supervisors in counties having seventy-five or more districts or operating under KRS 267.495
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seventy-five or more districts or operating under KRS 267.495. (1) In all counties having seventy-five (75) or more drainage districts or in all counties availing themselves of the provisions of this section as provided in KRS 267.495, a drainage commissioner shall be appointed a…
KRS § 267.495 Board may elect for county to be subject to provisions of KRS 267.390(3)(b) and 267.490
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267.390(3)(b) and 267.490. The board of drainage commissioners of any county, regardless of the number of drainage districts contained therein, may by resolution of the said board certified to the county judge/executive, elect for such county to be subject to the provisions of KR…
KRS § 267.510 Board for separate district -- Election -- Term -- Vacancies
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(1) As soon as practicable after the judgment establishing a separate drainage district becomes final, the county judge/executive shall, with the advice and assistance of the engineer, enter an order dividing the district into three (3) precincts, as near equal in area of lands r…
KRS § 267.520 Powers and duties of district board
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The persons elected on the district board shall qualify and organize in the same manner as the county board, and shall thereupon be a body corporate with like powers, duties and responsibilities, within their respective districts, as is conferred upon the county board, and with f…
KRS § 267.530 Amendment of order establishing district
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The order of the court by which any district is organized under this chapter may be amended at any time by adding, omitting or correcting the name of any landowner, and by adding, omitting or correcting the description of any land within or alleged to be within the district, or b…
KRS § 267.540 Enlargement of district
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Any drainage district organized under the provisions of this chapter may be enlarged and the boundaries extended so as to include other contiguous land, in the manner set forth in this section. The board may present a petition to the county judge/executive who organized the distr…
KRS § 267.550 Fiscal court to control improvements made by general taxation -- Use
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Nothing in this chapter shall deprive any fiscal court of its jurisdiction and control over any levee, ditch or drain established or constructed by authority of the fiscal court, payment for which was or is made by general taxation or out of the public revenue of the county. Any …