KRS 81A.425: Notice of proposed annexation to property owners -- Exception --

Publication of annexation ordinance -- Action to void annexation.

(1) Notwithstanding the provisions of KRS 83A.060(7) and except as otherwise

provided in this section, a city which prop oses to annex unincorporated territory

shall send notice of the proposed annexation to each property owner whose property

is proposed to be annexed into the city.

(2) The notice shall be sent to each property owner listed on the records of the county

property valuation administrator as of January 1 of the year in which the ordinance

proposing to annex property is to be enacted.

(3) The notice shall be sent by first -class mail no later than fourteen (14) days prior to

the meeting at which the ordinance propo sing the annexation shall receive its

second reading. The city clerk shall certify the list of property owners to whom the

notice was sent and the certified list shall be made a part of the official record of the

meeting at which the ordinance proposing th e annexation receives its second

reading.

(4) The notice shall include the time, date, and location of the meeting at which the

proposed ordinance shall receive its second reading, and a copy of the proposed

ordinance.

(5) The provisions of this section sh all not apply in any case in which the property

owners of record have consented in writing to the proposed annexation as provided

in KRS 81A.412.

(6) Notwithstanding the provisions of KRS 424.130, following the second reading and

enactment of an ordinance proposing to annex property, a city shall be required to

publish the ordinance only once in accordance with KRS 83A.060(9).

(7) The ordinance which effectuates an annexation shall be voidable in an action

brought in the Circuit Court of competent jurisdict ion, if the court determines that

the city failed to substantially comply with the requirements of this section, and the

failure resulted in material prejudice to the substantial rights of affected property

owners.