{"data":{"id":"us-ky/krs-76.241","jurisdiction":"us-ky","citation":"KRS 76.241","heading":"Construction subdistrict established -- Petition, procedure, judicial review --","body":"Waiver of notice and hearing.\n(1) The district may establish a construction subdistrict when twenty-five percent (25%)\nor more of the freeholders of land sought to be inclu ded in the construction\nsubdistrict file their petition with the district. The petition shall describe the territory\nintended to be included in the construction subdistrict and the sewer and drainage\nconditions and facilities existing in this territory. Th e territory of the construction\nsubdistrict may be noncontiguous to other territory of the district. Tenants in\ncommon, joint tenants with or without right of survivorship, and tenants by the\nentireties shall be deemed one (1) freeholder or property owner.\n(2) When the petition is filed with the district, said district shall give notice of the filing\nby publication pursuant to KRS Chapter 424. Within thirty (30) days after the\npublication, any resident or freeholder of the proposed construction subdistrict may\nfile objections and the district shall set the case for hearing within thirty (30) days.\nIf the district finds that the establishment of the construction subdistrict is\nreasonably necessary for the public health, convenience and comfort of the residents\nof the subdistrict, it shall make an order establishing the construction subdistrict and\ndesignating it by name and number.\n(3) If the district finds that the construction subdistrict is not necessary, it may dismiss\nthe petition. If the district finds t hat any part of the proposed territory will not be\nbenefited, it may strike such part. If the district strikes a certain portion of the area,\nthe signature of the freeholders of that portion shall not be counted in determining\nwhether the necessary twenty-five percent (25%) have petitioned for the creation of\nthe subdistrict. A copy of the order of the board establishing a construction\nsubdistrict shall be published in accordance with KRS Chapter 424.\n(4) An order of the district rejecting or dismissing the  petition shall be deemed a final\norder of the district appealable to the Circuit Court under the procedure set forth in\nKRS 76.247 within sixty (60) days. Appeals to the Circuit Court from the order\nestablishing a construction subdistrict or striking or r efusing to strike any territory\nfrom a construction subdistrict shall be made only as provided in KRS 76.247 and\nonly after following the procedures required in KRS 76.247.\n(5) In the event the owner or owners of all property or properties proposed to be\nincluded within the territorial boundaries of a construction subdistrict shall tender to\nthe district their written request or requests that the district proceed immediately\nwith the creation of a construction subdistrict, and the construction and installat ion\ntherein of sewer facilities as provided in KRS 76.241 to 76.273, inclusive, and shall\nunqualifiedly waive all formalities and substantive rights contained in:\n(a) KRS 76.241, concerning the affording of notice as to creation of a\nconstruction subdistrict, the time for filing objections to the creation thereof,\nand the time for appealing from an order establishing a construction\nsubdistrict;\n(b) KRS 76.243, concerning the affording of notice as to proposed assessments;\nand\n(c) KRS 76.246, concerning the holding of a public hearing, and permitting\nlitigation following the making and publication of an order concerning the\nconstruction plan in general.\n(6) The district may thereupon make and publish an order creating such construction\nsubdistrict, and its order as provided in KRS 76.246(2), without further action being\nrequired, and may thereupon proceed to carry out said plan for improvements\nwithout further recourse to said identified statutory provisions and formalities; but\nin all such instances the writt en request or requests of the owner or owners of all\nproperties proposed to be included within the territorial boundaries of such\nconstruction subdistrict shall be in recordable form and shall be recorded in the\noffice of the county clerk of the county whe rein the properties are situated, and said\nclerk is authorized to record such instruments as in the case of mortgages and may\ncharge and receive fees therefor as in the case of mortgages. Each resolution of the\ndistrict, by which an improvement is undertak en according to this section, shall\ncontain a recitation of the receiving of written requests and waivers from the owners\nof all properties included within the territorial boundaries of the construction\nsubdistrict. In the event the district proceeds pursu ant to KRS Chapter 107, as\nauthorized by KRS 76.251, the lien for which provision is made in KRS 107.160\nshall attach upon publication of the resolution (equivalent to the \"third ordinance\")\nwhich authorizes issuance of improvement assessment bonds.","path":["KRS Chapter 76"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24506","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:36Z","sha256":"8681c72e2669ac8294a6fd52e977d50e1718cd20e55429ce087c922bf13e9980","source_id":"us-ky","stale":false,"prev":"us-ky/krs-76.240","next":"us-ky/krs-76.242"},"notice":"GroundRules: Original legal text. Not legal advice."}