Find Legal Information

104.480 Petition for district -- Signature requirements.

Download pdf

104.480 Petition for district -- Signature requirements. (1) Before the secretary shall establish a flood control district, a petition shall be filed with the secretary, containing valid signatures of seventy percent (70%) of those in <br>possession claiming as freeholders within the boundaries of the proposed flood <br>control district. Each joint owner of property shall be counted as a separate <br>freeholder. (2) In determining when seventy percent (70%) of the landowners have signed the petition the secretary shall consult with the landowners whose names appear upon <br>the county tax duplicate, which for all purposes of KRS 104.450 to 104.680 shall be <br>prima facie evidence of such ownership. The secretary shall further require evidence <br>to determine the fact that all signatures on the petition are genuine, and a <br>notification by ordinary mail sent to the respective addresses shown on the petition <br>shall establish the genuineness of a signature if the petitioner so notified fails to <br>report in writing within ten (10) days that he did not sign the petition. When <br>authorized by ordinance, such a petition may be signed by a majority of the <br>governing body of any municipality lying wholly or partly within the proposed <br>district. When so signed by a majority of such governing body the petition shall fill <br>all requirements of representation on the part of the freeholders of the municipality <br>as they appear upon the assessment roll of the municipality, and individuals within <br>the municipality shall not sign the petition. Effective: July 15, 1982 <br>History:Amended 1982 Ky. Acts ch. 217, sec. 1, effective July 15, 1982. -- Created 1950 Ky. Acts ch. 42, sec. 4. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to <br>agencies and officers whose names have been changed in 2005 legislation confirming <br>the reorganization of the executive branch. Such a correction has been made in this <br>section.