KRS 262.140: Commission to determine feasibility of district when majority favor.

(1) The commission shall publish the result of the referendum held under KRS 262.120

and shall then determine whether the operation of the district within the defined

boundaries is administratively practicable and feasible. If the commission

determines that th e operation of the district is not administratively practicable and

feasible, it shall record the determination and deny the petition. If the commission

determines that the operation of the district is administratively practicable and

feasible, it shall record the determination and shall proceed with the organization of

the district in the manner provided in KRS 262.150. In making the determination

the commission shall give regard and weight to the attitudes of the owners and

occupiers of lands lying within the defined boundaries, the number of landowners

eligible to vote in the referendum who have voted, the proportion of the votes cast

in the referendum in favor of the creation of the district to the total number of votes

cast, the approximate wealth and i ncome of the landowners and occupiers of the

proposed district, the probable expense of carrying on erosion -control operations

within the district, and such other economic and social factors as may be relevant to

the determination, having due regard to the legislative determinations set forth in

KRS 262.020.

(2) The commission shall not determine that the operation of the proposed district

within the defined boundaries is administratively practicable and feasible unless at

least a majority of the votes cast in the referendum upon the proposition of creation

of the district have been cast in favor of creation of the district.