<br><br>81A.425 Notice of proposed annexation to property owners -- Exception -- <br>Publication of annexation ordinance -- Action to void annexation. <br>(1) Notwithstanding the provisions of KRS 83A.060(7) and except as otherwise <br>provided in this section, a city which proposes to annex unincorporated territory <br>shall send notice of the proposed annexation to each property owner whose property <br>is proposed to be annexed into the city. <br>(2) The notice shall be sent to each property owner listed on the records of the county <br>property valuation administrator as of January 1 of the year in which the ordinance <br>proposing to annex property is to be enacted. <br>(3) The notice shall be sent by first-class mail no later than fourteen (14) days prior to <br>the meeting at which the ordinance proposing the annexation shall receive its <br>second reading. The city clerk shall certify the list of property owners to whom the <br>notice was sent and the certified list shall be made a part of the official record of the <br>meeting at which the ordinance proposing the annexation receives its second <br>reading. <br>(4) The notice shall include the time, date, and location of the meeting at which the <br>proposed ordinance shall receive its second reading, and a copy of the proposed <br>ordinance. <br>(5) The provisions of this section shall not apply in any case in which the property <br>owners of record have consented in writing to the proposed annexation as provided <br>in KRS 81A.412. <br>(6) Notwithstanding the provisions of KRS 424.130, following the second reading and <br>enactment of an ordinance proposing to annex property, a city shall be required to <br>publish the ordinance only once in accordance with KRS 83A.060(9). <br>(7) The ordinance which effectuates an annexation shall be voidable in an action <br>brought in the Circuit Court of competent jurisdiction, if the court determines that <br>the city failed to substantially comply with the requirements of this section, and the <br>failure resulted in material prejudice to the substantial rights of affected property <br>owners. <br>Effective: July 14, 1992 <br>History: Created 1992 Ky. Acts ch. 418, sec. 1, effective July 14, 1992. <br><br>