KRS 74.175: Deferred assessments -- Limitation on actions.

(1) When the water district desires to construct a water main which shall be primarily a

transmission line and secondarily a line to serve customers along the water main,

the commission may recommend to the court that the assessments be on a deferred

basis. If the court determines that the water main is primarily a transmission main,

and secondarily benefits the property owners abutting the water main, the court may

provide that the assessments shall be on a deferred basis.

(2) In the event the assessments are on a deferred basis, they shall not be immediately

due and payable until the benefit to the abutting property owners is realized either

by a sale of the property or when the abutting property owner desires to tap into the

water main, and at that time the d eferred assessment shall be paid in full without

interest. For a deferred assessment on which the district has not initiated collection

action in the courts by July 14, 1992, limitations on an action to collect shall not

begin to run until the assessment i s immediately due and payable as provided for in

this subsection.

(3) In the event a property owner who has a deferred assessment against his property

sells only a portion of the property or desires water service for only a portion of the

property, the def erred assessment shall be prorated and paid only for the portion

being sold or for the reasonable area of property being served by the water main.

The property owner shall be required to furnish to the commission a plat of the

property being sold or the ar ea which will be served with water, and no other area

may be served from that service unless an additional portion of the deferred

assessment is paid. For an additional portion of a deferred assessment on which the

district has not initiated collection act ion in the courts by July 14, 1992, limitations

on an action to collect shall not begin to run until the additional portion is

immediately due and payable because of further sale of the property or further

extension of water service.

(4) All remaining prov isions of the assessment statutes shall apply to deferred

assessments, except as same may be inconsistent with this deferred assessment

provision.