State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 074-00 > 160

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74.160 Striking assessments from roll -- Procedure. After the assessment roll has been confirmed or modified by the county judge/executive, <br>if the commission is unable to furnish water to the owner of any land in the district, or if <br>the land in any part of the district is so sparsely populated that in the opinion of the <br>commission water could not be furnished to the owners thereof without incurring an <br>unreasonable burden of additional assessment against the lands or an unreasonable burden <br>of indebtedness against the water district without receiving any corresponding return in <br>the profits realized from the sale of water in the territory, the commission may strike the <br>assessments on land not receiving water from the assessment roll, or may reduce the <br>assessments to conform with the benefits received, and refund to the respective owners <br>any assessments collected that have been stricken off or reduced. After striking or <br>reducing such assessments, the commission shall file a petition with the county <br>judge/executive setting out the reasons why the assessments should be stricken off or <br>reduced, with a certified copy of the assessments so stricken off or reduced. The county <br>judge/executive shall then set the proceeding for a hearing, and after giving at least ten <br>(10) days' notice of the time of the hearing, the county judge/executive shall hear all <br>objections to the order of the commission striking or reducing the assessment, and shall <br>enter an order confirming the action of the commission or directing them to change the <br>assessment roll in accordance with the finding of the county judge/executive. The order of <br>the county judge/executive confirming or modifying the order of the commission striking <br>off or reducing the assessment may be appealed from. If a deficit is incurred by striking or <br>reducing any assessment so as to make the assessments insufficient to pay any bonded <br>indebtedness of the water district, the deficit shall be paid out of the general fund of the <br>district realized from all other revenues collected or to be collected in the district. Effective: June 17, 1978 <br>History: Amended 1978 Ky. Acts ch. 384, sec. 186, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. <br>sec. 938g-10.