{"data":{"id":"us-ky/krs-104.540","jurisdiction":"us-ky","citation":"KRS 104.540","heading":"Court action opposing creation of district.","body":"Any owner of real property in the proposed district who has not signed the original\npetition for the creation of the district and who wishes to object to the organization of the\ndistrict shall, within sixty (60) days after the giving of notice by the secre tary, file his\npetition in the Circuit Court of the county in which the larger part of the proposed district\nis located, naming the secretary defendant and setting out in the petition his objections to\nthe organization of the district. The secretary shall be represented in the Circuit Court by\nthe county attorney and in the Court of Appeals by the Attorney General and he also may\nrequire his defense to be made by the petitioners or some of them. The issues may be\nmade up and the case may be docketed for hea ring as in an action for a declaration of\nrights, and an appeal may be taken and judgment shall become final as provided for in\nsuch procedure. The burden of proof shall be upon the plaintiff to show cause why the\ndistrict should not be organized. If the c ourt renders judgment against the secretary, the\njudgment shall point out the changes required for the establishment of a district, which, if\nmet by the secretary, shall authorize the creation of the district. If the changes are not met\nby the secretary, t he proposed district shall not be organized unless new proceedings are\ninstituted for the creation of a district, but such new proceedings shall not be instituted for\na period of six (6) months after the date of judgment. If the court gives judgment agains t\nthe plaintiff, the secretary shall organize the district. An appeal taken as authorized in this\nsection shall suspend the judgment until the case has been passed upon by the Court of\nAppeals and final judgment rendered. Either the plaintiff or the secret ary may appeal\nfrom the judgment of the Circuit Court to the Court of Appeals, but the secretary shall not\nbe required to make any appeal bond. Except as otherwise provided in this section, the\npleadings and practice shall be the same as in other suits in equity.","path":["KRS Chapter 104"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=27092","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:08Z","sha256":"4c49e908717a9bb11e4b917f002712b4e0669ac5fa707b4288a4409c2f00b6fb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-104.530","next":"us-ky/krs-104.550"},"notice":"GroundRules: Original legal text. Not legal advice."}