KRS 267.320: Bonds authorized when average assessment exceeds twenty -five cents

($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 b oard may give notice by publication pursuant to KRS

Chapter 424, and by posting a notice at the door of the courthouse in each county in

which land assessed is located, and at five (5) conspicuous places in the district, that

it proposes to issue bonds for the construction of the improvement, giving the

amount of bonds to be issued, the rate of interest they are to bear and the time when

payable. Any landowner having land assessed in the district and not wanting to pay

interest on the bonds may, within thirty (30) days after the publication of the notice,

pay the county treasurer the full amount of his assessment and have his land

released. If the landowner produces a treasurer's receipt showing such payment, the

county clerk or the secretary of the board sh all indorse the release upon the

assessment roll, and report to the board all releases made by him. This report shall

be recorded on the record or minutes of the board. When the board is satisfied that

any assessment has been paid it may order a release made.

(2) Each person owning land assessed in the district who fails to pay the full amount of

his assessment within thirty (30) days after publication of the notice shall be

deemed to consent to the issuing of bonds, and in consideration of the right to pay

his assessment in installments he thereby waives his right to any defense against the

collection of the assessment because of any irregularity, illegality or defect in the

proceeding prior to that time, except in the case of an appeal, which is not affect ed

by this waiver.