{"data":{"id":"us-ky/krs-81a.427","jurisdiction":"us-ky","citation":"KRS 81A.427","heading":"Annexation of areas containing city-owned utility infrastructure.","body":"(1) As used in this section, \"utility infrastructure\" means physical property existing in\nrights-of-way or easements that are used for any of the following:\n(a) The generation, production, transmission, or distribution of electricity to or for\nthe public for compensation, light, heat, power, or other uses;\n(b) The production, manufacture, storage, distribution, sale, or furnishing of\nnatural or manufactured gas, or a mixture of same, to or for the public for\ncompensation, light, heat, power, or other uses;\n(c) The transporting or conveying of gas, crude oil, or other fluid substance by\npipeline to or for the public for compensation;\n(d) The diverting, developing, pumping, impounding, distributing, or furnishing\nof water to or for the public for compensation; and\n(e) The collection, transmission, or treatment of sewage for the public for\ncompensation.\n(2) In addition to the other requirements of this chapter, a city annexing or proposing to\nannex any area that includes the utility infrastructure owned by another c ity shall\ncomply with the provisions of this section.\n(3) A city which proposes to annex any unincorporated area under the provisions of\nKRS 81A.420 shall send notice of the proposed annexation to the mayor of each\ncity government owning utility infrastruc ture within the area proposed to be\nannexed. The notice shall be sent by certified mail, return receipt requested, no later\nthan fourteen (14) days prior to the meeting at which the ordinance proposing the\nannexation will receive its second reading. The notice shall:\n(a) Include the time, date, and location of the meeting at which the proposed\nordinance will receive its second reading;\n(b) Include a copy of the proposed ordinance; and\n(c) Inform the city of its right under this section to object to the annexation.\nThe city clerk shall certify the list of cities to whom the notice was sent, and the\ncertified list shall be made a part of the official record of the meeting at which the\nproposed ordinance receives its second reading.\n(4) A city annexing territo ry by consent of property owners pursuant to KRS 81A.412\nshall comply with subsection (3) of this section by sending the notice at least\nfourteen (14) days prior to the meeting at which the ordinance annexing the territory\nwill receive its second reading.\n(5) Any city receiving notice under this section and owning utility infrastructure in an\narea to be annexed or proposed to be annexed shall have the right to object and\nprevent the annexation by sending a certified copy of a municipal order enacted\npursuant to KRS 83A.060. The municipal order shall include a statement describing\nthe utility infrastructure owned by the city and its location within the area to be\nannexed or proposed to be annexed. The objecting city may incorporate maps or\nother drawings into  the municipal order to clearly identify utility infrastructure\nwithin the area. The certified copy of the municipal order shall be received by the\ncity acting under KRS 81A.412 or 81A.420 at any time before or at the meeting\nwhere the ordinance is scheduled to receive its second reading. The municipal order\nshall be either delivered personally by a designated agent of the city or sent by\ncertified mail, return receipt requested.\n(6) The city acting under KRS 81A.412 or 81A.420 shall not annex any area that\nincludes utility infrastructure owned by a city objecting under subsection (5) of this\nsection; provided, however, that the cities in interest may agree otherwise through\nan interlocal agreement established pursuant to KRS 65.210 to 65.300. If the city\nannexing or proposing to annex does not receive a municipal order prior to or at the\nmeeting where the ordinance is to receive its second reading, the city may proceed\nto enact an ordi nance proposing to annex or annexing the area, and the city owning\nutility infrastructure shall forfeit its right to object and shall be deemed to have\nconsented to the annexation.\n(7) If a city annexes any area containing utility infrastructure owned by a nother city\nwithout following the provisions of this section, the ordinance which effectuates an\nannexation shall be voidable in an action brought in the Circuit Court of competent\njurisdiction, if the court determines that the annexing city failed to subs tantially\ncomply with the requirements of this section and the failure resulted in material\nprejudice to the substantial rights of the affected city. Such an action shall be\ncommenced no later than one (1) year following the date the final annexation\nordinance becomes effective.","path":["KRS Chapter 81A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=25011","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:42Z","sha256":"ffc6c1f4618a905c5a50be859eb2e1aca0fb220cfb1680934940e56ee1c3ef82","source_id":"us-ky","stale":false,"prev":"us-ky/krs-81a.425","next":"us-ky/krs-81a.429"},"notice":"GroundRules: Original legal text. Not legal advice."}