{"data":{"id":"us-ky/krs-262.748","jurisdiction":"us-ky","citation":"KRS 262.748","heading":"Resolution for maintenance and operation of project -- Notice -- Hearing --","body":"Election -- Assessment.\n(1) Upon determination by the board of directors of a watershed conservancy district\nthat the improvement, continuing operation, or maintenance of a wa tershed project\nis necessary, the board of directors may adopt a resolution which shall set out:\n(a) A list of the benefited lands located in the flood plain, as determined by the\nboard of directors, giving the acreage of such lands and the names of the\nowners thereof as defined by KRS 262.010(7) with a classification of such\nlands or parts thereof into classes in order that assessments may be made\naccording to direct benefits; and\n(b) The annual assessments to be levied upon the lands set out in the resolution on\nthe basis of a certain amount per acre according to benefits received, not to\nexceed in any one (1) year a sum per acre specified in the resolution.\n(2) The board of directors shall cause due notice of the resolution to be given to all the\nowners of benefited lands, as determined by the board. Said notice shall set out the\ntime and place of a meeting of the board of directors of the watershed conservancy\ndistrict at which owners of benefited lands who may be liable for the annual\nassessments may be heard.\n(3) At the hearing upon the resolution, owners of benefited lands may voice their views\nconcerning the proposal as to whether it should be undertaken, and the scope\nthereof, or the degree of benefit received by their lands. The board shall prepare a\nrecord summarizing the proceedings. If the board of directors determines as a result\nof the hearing that the proposal should be carried out as planned, it may make such\nchanges or revisions in the resolution as it deems proper and shall give due notice of\nan election to be held at which benefited landowners may vote on the question of\nannual special assessments to defray the cost. The notice of the election shall\ninclude the text of the resolution of the board in its final form. The board of\ndirectors may give due notice as provided in KRS 262.010(4).\n(4) The board of directors shall prepare the following question to be presented to the\nvoters: \"Should the assessment for improvement, continuing operation, or\nmaintenance proposed by resolution of the........  Watershed Conservancy District be\nadopted?\" Voters shall be instructed to vote \"yes\" or \"no\" on the proposition. Only\nowners of benefited land as set out in the resolution shall be eligible to vote. The\nboard of directors may provide for a meeting of the landowners at which the vote\nmay be cast, in which case qualified voters may vote by absentee vote. The board\nshall appoint a polling superintendent and other necessary election officers, giving\nrepresentation to the opponents of the question as well as to proponents.\n(5) If a majority of those voting upon the proposition favor the assessment the board\nshall give due notice of the vote. Any owner of property to be benefited by the\nproject may, within forty (40) days after publication of such notice, file an  action in\nthe Circuit Court of the county in which his lands are located seeking relief by\ndeclaratory judgment or injunction. If a suit is filed, the county attorney shall\nrepresent the board of directors in upholding the validity of the proposed\nassessment. After the lapse of time specified herein all actions by owners of\nproperties to be benefited shall be forever barred.\n(6) If no suit is filed and no injunction issued within the time allowed in subsection (5)\nof this section, the board of directors sh all levy annual assessments effective only\nupon the benefited properties and based on the acreage thereof. The annual\nassessment shall be made by the board of directors at the same time and in the same\nmanner as provided in KRS 262.765 for taxes generally and shall be collected as\nprovided in KRS 262.770. The assessments shall constitute liens against the land\nbenefited and shall attach to the land, taking precedence over all other liens except\nstate, county and municipal taxes and prior improvement assessments.","path":["KRS Chapter 262"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=12793","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:11Z","sha256":"d9c0da8f36f9a6ee022f69aa3fd6bdf3eb2c6db982e24f44c58fea9380227b5c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-262.745","next":"us-ky/krs-262.750"},"notice":"GroundRules: Original legal text. Not legal advice."}