Title XXII, Levees, Drainage, and Reclamation of Lands

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…

(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…

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 …

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…

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…

(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…

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…

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…

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…

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 …

The fiscal court of any county may, when in its judgment the public interests and welfare justify it, make appropriations to aid any drainage district of the county in making or maintaining any improvement.

At any time a majority in number and amount of those assessed for the maintenance of any improvement may petition the county judge/executive for a discontinuance of the improvement. The petition shall give the names of all persons interested in the maintenance of the improvement …

(1) Any railroad company that fails to remove obstructions and allow construction on its right-of-way as required by KRS 267.270 shall be subject to a penalty of fifty dollars ($50) per day for each day of delay, to be collected by the board for the benefit of the district in any…

As used in this chapter unless the context otherwise requires: (1) "Appraisers" means the board of appraisers appointed by the court. (2) "Board" means the board of drainage commissioners of the district. (3) "District" or "drainage district" means any drainage, levee or reclamat…

All boards established under this chapter shall comply with the provisions of KRS 65A.010 to 65A.090.

Any county may, in accordance with the procedures of KRS 65.182, establish, organize, and provide for the operation and maintenance of drainage, levee and reclamation districts.

(1) The county judge/executive shall divide the district into three (3) precincts as nearly equal in area as practicable, following owners' property lines, and immediately upon such division he shall appoint a temporary secretary to act for the district board. The secretary for t…

(1) The board shall furnish its secretary with the necessary office room, furniture, fixtures, stationery, maps, plats, typewriter, and postage. The board shall meet as often as necessary for the proper discharge of duties at whatever places these duties require within the county…

fund. (1) As soon as a district is referred to it by the court, the board shall levy a uniform tax of not more than fifty cents ($0.50) per acre upon each acre of land within the district, as shown by the viewers' report, to be used to pay the expenses incurred in establishing th…

Within thirty (30) days after any district has been organized and referred to it, the board shall employ an attorney to advise it and to act for the district. This attorney shall conduct all actions in court where the district is interested, and advise the board and its employees…

The board may appoint a competent person as superintendent of drainage, who shall be subject to the orders of the board. He shall look after and keep clean, open and in good condition all public drains and other improvements under the charge of the board. The superintendent shall…

(1) Attorneys selected by the petitioners to prepare and file ex parte petitions for the establishment of any district shall faithfully perform the duties of attorney in such proceedings, aid in the preparation of all reports of the viewers, and do any other work necessary until …

Statement of accounts -- Issue and form of warrant -- Interest on unpaid warrants. (1) The treasurer of the board in any county shall hold the office of treasurer of all districts organized in that county, and shall receive and receipt for all the drainage assessments collected b…

The board shall keep a well-bound book entitled "Record of Board of Drainage Commissioners of .... County, Kentucky," in which shall be recorded the minutes of all meetings, proceedings, certificates, bonds given by all employees, accounts and expenditures allowed and orders paid…

report of officers. The board shall keep a correct account of the time spent by it, by the engineer, superintendent and all other employees, and of each item of expense incurred in connection with the district, and charge it to the district for which it was done. If the expense i…

engineers. (1) When the board undertakes to establish or construct any improvement, it shall appoint a competent civil engineer as chief engineer, who may be an individual or a corporation, and who shall engage such assistants as the board approves. The chief engineer shall have …

Election of chairman. (1) The report of the chief engineer shall be known as the "plan for reclamation." When it is filed, the board shall meet and receive and adopt it, with any modifications determined upon. After the plan has been adopted, the board shall refer the proceeding …

improvement. (1) Within ten (10) days after being sworn as provided by KRS 268.260, the appraisers shall begin their duties. They may at any time call upon the attorney of the district for legal advice and information relative to their duties, and the chief engineer or one (1) of…

(1) When the report of the appraisers is filed the secretary shall cause a notice to be sent to each landowner named in the report whose property is shown to be affected by the proposed improvement. (2) The notice given by the secretary shall be substantially as follows: "In re d…

abandon improvement -- Action of board -- Appeal. (1) When the hearing is completed, the board shall determine the correctness of the classification and assessment of benefits to each piece of property involved. If no objections are raised to the report of the appraisers, the rep…

(1) That portion of any piece of property not taken for use of the district shall be assessed for the benefits accruing thereto. (2) When any property is acquired by any district, and the price has been paid or secured to the owner or paid to the clerk of the court by the board, …

When the decision of the board becomes final, the board may borrow any money necessary to carry on the business and work of the district, not exceeding seventy-five percent (75%) of the aggregate assessed benefit as shown by the corrected report of the appraisers. To secure the p…

assessment -- Maximum district assessment. (1) Within thirty (30) days after the contract for the improvement is let for all the work provided for under the plan for reclamation, or, if the improvements are made directly by the board, as soon as the cost can be ascertained, the b…

The drainage assessment record provided for in KRS 268.340 shall be in substantially the following form: "Drainage Assessment Record of ________ (drainage), (levee), (reclamation) district, located in the County of __________, Kentucky. The board of drainage commissioners of ____…

Determination of objection -- Final order. (1) As soon as the drainage assessment record is completed, the board shall deliver the copies to and file them with the county clerk in which county the district is organized. The clerk shall receive them, and, beginning within five (5)…

Bond -- Duties of county clerk -- Warrants for payment. (1) The board of drainage commissioners may, if in their judgment it seems best, issue bonds on behalf of any district under their control, not to exceed ninety percent (90%) of the total amount of the minimum district asses…

value conclusive as to benefits. (1) If bonds are issued or money borrowed, the interest charges thereon shall not be considered a part of the cost of improvement in determining whether or not the cost of improvement is equal to or more than the benefit to the property in the dis…

Determination as to bond issue. (1) When the secretary of the board receives from the clerk the copies of the assessment record, corrected by the county judge/executive and certified by the clerk, he shall notify the board which shall then meet and impress its seal on each page o…

register -- Copies to counties in district. (1) As soon as the board has adopted the resolution relative to the issue of bonds, the secretary shall prepare a district assessment register in a well-bound book and as many copies thereof as there are counties in which any part of th…

Collector's drainage assessment book. (1) In December of each year the board shall certify to the sheriff of each county in which any part of the district is located the annual installment of the assessments to become due and be collected during the succeeding year. This installm…

Delinquency penalty -- Sale of assessment lien claims. (1) The sheriff of each county of the district shall receive the collector's drainage assessment book each year. He shall promptly and faithfully demand and collect the assessments at the same time that he demands and collect…

assessments -- Collection not defeated by irregularity. (1) When ordered by the board the treasurer shall receive the annual payment of drainage assessments directly from any owner, and shall give a proper receipt. On December 1 of each year the treasurer shall certify to the she…

(1) At any time prior to the issuance of the bonds, any person may pay in one lump sum the full amount of the assessment levied against his property, less the amount added thereto to meet interest. The secretary of the board shall then enter upon the district assessment record op…

cost of bonds. If the board believes the interest and welfare of the owners will be best served by not requiring any part of the minimum district assessment to be collected for not more than five (5) years from the time the minimum and interest assessments are confirmed by the co…

If the date of collecting drainage assessments and applying the penalty for delinquency is changed by law after the issuance of any obligations for a district, and interferes with the proper discharge of the obligations, the board may, by written notice to the sheriff, require pa…

recorded -- Collection. (1) To maintain and preserve any improvement and to defray the current expenses of the district, the board may, upon the completion of any improvement and on the first Monday in December in each year thereafter, levy an assessment upon each piece of proper…