KRS 76.244: Engineering report, when filed -- Construction subdistrict may be

abolished, when.

(1) The report described in KRS 76.243 shall be made and filed within one (1) year of

an order made under KRS 76.241 which establishes the construction subdistrict or

the order made under KRS 76.241 shall be deemed to have been one dismissing the

petition and it shall be deemed to have been dismissed at the end of the one (1) year

period.

(2) If, based on the report described in KRS 76.243, the board decides the proposed

sewer or drainage construction, or both, is not technically and economically

feasible, the board may make an order abolishing the construction subdistrict, which

shall be published pursuant to KRS Chapter 424 and which may be appealed in the

manner described in KRS 76.247. If the board finds that such construction may be

made feasible by deleting portions of the subdistrict area, it may delete such area or

areas by amending the order made under KRS 76.241 (2); provided, however, that

at least twenty -five pe rcent (25%) of the freeholders of land included in the

remaining area must have petitioned for the creation of the subdistrict.

(3) If the board should determine that a proposed construction subdistrict sewer or

drainage construction project, once found to be feasible, should no longer appear to

be feasible, or should a change in circumstances make it appear that some

alternative to a construction subdistrict represents a more desirable and feasible way

of undertaking such sewer or drainage construction, th en the board, in its sole

discretion, may make an order abolishing the construction subdistrict, which order

shall be published pursuant to KRS Chapter 424 and which may be appealed in the

manner described in KRS 76.247. In referring to KRS 76.247, this se ction is not

intended to provide for de novo trial.