{"data":{"id":"us-ky/krs-76.268","jurisdiction":"us-ky","citation":"KRS 76.268","heading":"Annexation to subdistricts, procedure -- Effect.","body":"Annexation to subdistricts may be accomplished by any of the following procedures, as\nthe board may elect:\n(1) (a) After the creation of a construction subdistrict under the provisions of KRS\n76.241 to 76.246, the board may, if it deems it advisable, use the authority and\nprocedures granted to sanitation districts by KRS 220.535 to 220.537 to annex\nterritory to a subdistrict, the words \"board of directors\" being read as\n\"metropolitan sewer district board.\"\n(b) Language in KRS 220.535 limiting the powers of annexation to a sanitation\ndistrict in a county not containing a city of the first class shall not be\napplicable to a metropolitan sewer district which might use this method of\nannexation to a construction subdistrict even if it is located in a county\ncontaining a city of the first class, and the secretary of the Energy and\nEnvironment Cabinet shall function in regard to annexation by it in the same\nmanner and under the same procedures, as set out in KRS 220.535 to 220.537,\nas he would in his capacity as co mmissioner of sanitation districts for any\nsanitation district.\n(2) After the creation of a construction subdistrict under the provisions of KRS 76.241\nto 76.246, the board may annex any area, contiguous or noncontiguous, subject to\nthe limitations of KRS 76.242, to the construction subdistrict by making a\npreliminary order describing the area to be annexed and causing said order to be\npublished pursuant to KRS Chapter 424. The notice so published shall state that\nobjections in writing to the proposed annex ation may be filed with the district\nwithin thirty (30) days of the date of said notice. The district shall examine and hear\nall such complaints. It may modify or amend the areas proposed to be annexed; and\nit shall make a final order, within sixty (60) da ys of the date of publication of said\nnotice, describing the areas to be annexed and shall cause the same to be published,\npursuant to KRS Chapter 424. A freeholder of land within the area proposed to be\nannexed may appeal such final order in the manner de scribed in KRS 76.247. In\nreferring to KRS 76.247, this section is not intended to provide for de novo trial.\n(3) In the event the owner or owners of all the property or properties proposed to be\nannexed to a construction subdistrict shall tender to the di strict their written request\nor requests that the district proceed immediately with the annexation of said\nproperty or properties, and shall unqualifiedly waive all formalities and substantive\nrights contained in subsection (2) of this section, the distric t may thereupon make\nand publish a final order annexing said property or properties to the construction\nsubdistrict. Said order shall contain a recitation of the receiving of waivers from the\nowners of all properties to be annexed thereunder. Provided, how ever, that in all\nsuch instances the written request or requests of the owner or owners of all\nproperties proposed to be annexed to a construction subdistrict shall be in\nrecordable form and shall be recorded in the office of the county clerk of the county\nwherein the property is located; and said clerk is authorized to record such\ninstruments as in the case of mortgages and may charge and receive fees therefor as\nin the case of mortgages.\n(4) The provisions of subsections (1), (2), and (3) of this section shall not repeal or\nreduce any existing rights or duties of metropolitan sewer districts, but shall\nconstitute merely a procedure for annexation to construction subdistricts by a\nmetropolitan sewer district.","path":["KRS Chapter 76"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=24533","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:36Z","sha256":"fe7b4d30f1e3931a7416067edea072a0e07e23f16ee740f259e0bd0e0c042714","source_id":"us-ky","stale":false,"prev":"us-ky/krs-76.267","next":"us-ky/krs-76.269"},"notice":"GroundRules: Original legal text. Not legal advice."}