Title XXII, Levees, Drainage, and Reclamation of Lands
4 chapters · 148 sections in this title.
KRS § 267.420 Fees -- Costs -- Expenses -- Compensation of employees and viewers
2.7K chars
(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
0.6K chars
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
1.2K chars
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
0.7K chars
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
0.7K chars
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
1.7K chars
(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
0.5K chars
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
4.8K chars
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
0.3K chars
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
2.6K chars
(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
1.3K chars
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
0.8K chars
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
1.6K chars
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
0.7K chars
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 …
KRS § 267.560 Appropriations to aid district
0.2K chars
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.
KRS § 267.570 Discontinuance of improvements
0.9K chars
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 …
KRS § 267.990 Penalties
0.7K chars
(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…
KRS § 268.010 Definitions
1.1K chars
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…
KRS § 268.015 Compliance with KRS 65A.010 to 65A.090
0.1K chars
All boards established under this chapter shall comply with the provisions of KRS 65A.010 to 65A.090.
KRS § 268.020 County may establish district
0.2K chars
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.
KRS § 268.160 Election of board -- Qualifications -- Bond -- Officers -- Powers
3.7K chars
(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…
KRS § 268.170 Office and meetings of the board -- Records -- Reports -- Expenses
1.3K chars
(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…
KRS § 268.180 Board levies preliminary tax -- Purpose -- Collection -- Surplus to district fund
1.4K chars
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…
KRS § 268.190 Attorney for board -- Duties -- Assistants
0.4K chars
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…
KRS § 268.200 Superintendent of drainage -- Assistants -- Duties -- Bond -- Expenses
0.8K chars
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…
KRS § 268.210 Compensation of officers and employees -- Selection of treasurer
2.3K chars
(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 …
KRS § 268.220 Treasurer acts for all boards in county -- Bond -- Audit of books -- Statement of accounts -- Issue and form of warrant -- Interest on unpaid warrants
2.4K chars
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…
KRS § 268.230 Record of proceedings of the board
0.4K chars
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…
KRS § 268.240 Board to keep account of time and expenses -- Apportionment -- Annual report of officers
0.6K chars
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…
KRS § 268.250 Chief engineer -- Powers and duties -- Report -- Compensation of engineers
2.6K chars
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 …
KRS § 268.260 Plan for reclamation -- Board appoints appraisers -- Duties -- Oath -- Election of chairman
1.2K chars
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 …
KRS § 268.270 Appraisers' work and report on benefits and damages -- Cost of improvement
4.8K chars
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…
KRS § 268.280 Notice of hearing on appraisers' report -- Form
1.9K chars
(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…
KRS § 268.290 Determination of correctness of appraisers' report -- Proceeding to abandon improvement -- Action of board -- Appeal
1.6K chars
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…
KRS § 268.320 Benefits assessed to certain property -- Passage of title to district
0.3K chars
(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, …
KRS § 268.330 Board may borrow money
0.7K chars
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…
KRS § 268.340 Computation of minimum district assessment -- District interest assessment -- Maximum district assessment
2.8K chars
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…
KRS § 268.350 Drainage assessment record form -- District assessment table
3.5K chars
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 ____…
KRS § 268.360 Copies of assessment record filed with clerk -- Clerk's notice -- Determination of objection -- Final order
2.9K chars
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)…
KRS § 268.370 Board may issue bonds -- Terms -- Use of proceeds -- Duties of treasurer -- Bond -- Duties of county clerk -- Warrants for payment
4.7K chars
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…
KRS § 268.380 Cost of improvements not to include interest charges -- Assessed enhanced value conclusive as to benefits
0.4K chars
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…
KRS § 268.390 Seal of board on assessment record -- Notice and payment of assessments -- Determination as to bond issue
1.5K chars
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…
KRS § 268.400 District assessment register -- Preparation by secretary -- Sheriff receipts register -- Copies to counties in district
5.2K chars
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…
KRS § 268.410 Board certifies to sheriff amount of installment due -- Form of certificate -- Collector's drainage assessment book
3.1K chars
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…
KRS § 268.420 Collection of assessments by sheriff -- Fee -- Returns to treasurer -- Delinquency penalty -- Sale of assessment lien claims
3.9K chars
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…
KRS § 268.430 Treasurer may receive payment of assessments -- Certification of unpaid assessments -- Collection not defeated by irregularity
0.7K chars
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…
KRS § 268.440 Payment in advance of full assessment levied
1.2K chars
(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…
KRS § 268.450 Board may defer payment of assessment -- Interest installments to cover cost of bonds
0.8K chars
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…
KRS § 268.460 Board may abate change in date of collecting assessment
0.4K chars
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…
KRS § 268.470 Board may levy maintenance assessment -- Terms -- Purpose -- How recorded -- Collection
1.5K chars
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…