State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 074-00 > 175

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74.175 Deferred assessments -- Limitation on actions. (1) When the water district desires to construct a water main which shall be primarily a transmission line and secondarily a line to serve customers along the water main, <br>the commission may recommend to the court that the assessments be on a deferred <br>basis. If the court determines that the water main is primarily a transmission main, <br>and secondarily benefits the property owners abutting the water main, the court may <br>provide that the assessments shall be on a deferred basis. (2) In the event the assessments are on a deferred basis, they shall not be immediately due and payable until the benefit to the abutting property owners is realized either <br>by a sale of the property or when the abutting property owner desires to tap into the <br>water main, and at that time the deferred assessment shall be paid in full without <br>interest. For a deferred assessment on which the district has not initiated collection <br>action in the courts by July 14, 1992, limitations on an action to collect shall not <br>begin to run until the assessment is immediately due and payable as provided for in <br>this subsection. (3) In the event a property owner who has a deferred assessment against his property sells only a portion of the property or desires water service for only a portion of the <br>property, the deferred assessment shall be prorated and paid only for the portion <br>being sold or for the reasonable area of property being served by the water main. <br>The property owner shall be required to furnish to the commission a plat of the <br>property being sold or the area which will be served with water, and no other area <br>may be served from that service unless an additional portion of the deferred <br>assessment is paid. For an additional portion of a deferred assessment on which the <br>district has not initiated collection action in the courts by July 14, 1992, limitations <br>on an action to collect shall not begin to run until the additional portion is <br>immediately due and payable because of further sale of the property or further <br>extension of water service. (4) All remaining provisions of the assessment statutes shall apply to deferred assessments, except as same may be inconsistent with this deferred assessment <br>provision. Effective: July 14, 1992 <br>History: Amended 1992 Ky. Acts ch. 388, sec. 1, effective July 14, 1992. -- Created 1988 Ky. Acts ch. 104, sec. 2, effective July 15, 1988.