{"data":{"id":"us-ky/krs-267.390","jurisdiction":"us-ky","citation":"KRS 267.390","heading":"Maintenance of improvements -- Maintenance assessments.","body":"(1) Except as otherwise provided in this chapter, all improvements made under this\nchapter, as well as all public ditches or drains established or constructed under pre -\nexisting laws, shall be under the control and supervision of the board having\njurisdiction of the proceedings for the establishment and construction thereof. The\nboard shall keep all such improvements open, free from obstruction and in good\nrepair. For that purpose the board may employ persons and teams, and lease, rent,\nhire or purchase machinery.\n(2) For the purpose of providing funds to pay the compensation of the employees of the\nboard, outside of that portion to be paid out of the original assessment on any\ndistrict, and for the purpose of paying the expense of repairing, keeping open and\nlooking after the various improvements under the charge of the board, the land in\neach district established under this chapter, as well as the land assessed for each\npublic ditch or system of drainage established under pre -existing laws, shall be\nassessed in  proportion to the original assessment made against the land for the\noriginal improvement, except that where a district has been established diverting the\ncourse of water, the board may, in order to relieve land taxed and from which water\nhas been diverted, use funds of the district in maintaining the original watercourse.\n(3) (a)  Except as provided in paragraph (b) of this subsection, no assessment in any one\n(1) year for the purposes prescribed in subsection (2) of this section shall\nexceed ten percent ( 10%) of the original assessment against the land, and no\nmore than one (1) assessment shall be made in any one (1) year.\n(b) In counties having seventy -five (75) or more separate drainage districts or in\ncounties availing themselves of the provisions of th is subsection as provided\nin KRS 267.495, when a petition signed by a majority of the landowners in\nany drainage district is filed with and approved by the drainage commissioner,\nthe latter may levy a maintenance assessment not exceeding thirty percent\n(30%) of the original assessment against the land. The number of assessments\nwhich may be levied shall be limited as follows: Where the assessment is ten\npercent (10%) but not over fifteen percent (15%) no more than one assessment\nmay be levied during any eighteen (18) month period; where the assessment is\nsixteen percent (16%) but not over twenty percent (20%) no more than one\nassessment may be levied during any two (2) year period; where the\nassessment is twenty -one percent (21%) but not over twenty -five per cent\n(25%) no more than one assessment may be levied during any two -and-one-\nhalf (2 1/2) year period; and where the assessment is thirty percent (30%) but\nnot less than twenty -six percent (26%) no more than one assessment may be\nlevied during any three (3) year period.\n(c) No assessment shall be made until the board has prepared an assessment roll,\nin duplicate, stating the name of the owners of the land to be affected, and the\namount proposed to be assessed against each tract of land. Both the\nassessment roll and the duplicate shall be signed by the president and secretary\nof the board. The original shall be kept on file in the office of the board and\nthe duplicate shall be filed with the collector of the assessment. These\nadditional assessments shall have the same effect as original assessments and\nbe collected in the same manner. They shall be kept separate and deposited\nwith the treasurer, who shall keep the accounts for each district separate. Each\nwarrant drawn shall specify out of which account it shall be paid.\n(4) The board may compromise and settle, upon such terms and conditions as it deems\nproper, any maintenance assessment made, levied or assessed prior to February 17,\n1936, and may do everything necessary to release and discharge any claim, deman d\nor lien upon land established, made or claimed prior to February 17, 1936, under or\nby reason of any such maintenance assessment.","path":["KRS Chapter 267"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=12903","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:13Z","sha256":"ca4a37cdd6b4df0176d768905b499d2da4dc8995c2018bd295394c0a2d79ebcf","source_id":"us-ky","stale":false,"prev":"us-ky/krs-267.380","next":"us-ky/krs-267.400"},"notice":"GroundRules: Original legal text. Not legal advice."}