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179.710 Changing territorial limits of established district -- Liability for taxes after change.

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179.710 Changing territorial limits of established district -- Liability for taxes after change. (1) The territorial limits of an established subdivision road district, as established pursuant to KRS 179.700 to 179.735 may be enlarged or diminished in the <br>following way: The trustees of the district shall file a petition in the county clerk's <br>office of the county in which that district and the territory to be annexed or stricken <br>off, or the greater part thereof, is located, describing the territory to be annexed or <br>stricken and setting out the reasons therefor. Notice of the filing of such petition <br>shall be given by publication and posting in the same manner as provided for in <br>KRS 65.182. On the day fixed in the notice, the county judge/executive shall, if the <br>proper notice has been given, and the publication made, and no written objection or <br>remonstrance is interposed enter an order annexing or striking off the territory <br>described in the petition. Fifty-one percent (51%) or more of the freeholders of the <br>territory sought to be annexed or stricken off may, at any time before the date fixed <br>in the notice, remonstrate in writing, filed in the clerk's office, to the action <br>proposed. If such written remonstrance be filed, the clerk shall properly give notice <br>to the trustees of the subdivision road district and the county judge/executive shall <br>hear and determine the same. If upon such hearing, the county judge/executive finds <br>from the evidence that a failure to annex or strike off such territory will materially <br>retard the functioning of the district and materially adversely affect the owners and <br>the inhabitants of the territory sought to be annexed or stricken off, he shall enter an <br>order, granting the annexation or striking off the territory. In the latter event, no new <br>petition to annex or strike off all or any part of the same territory shall be <br>entertained for a period of two (2) years. Any aggrieved person may bring an action <br>in Circuit Court to contest the decision of the county judge/executive. (2) The property in any territory annexed to a subdivision road district shall not be liable to taxation for the purpose of paying any indebtedness incurred by the district <br>prior to the date of the annexation of such territory, except such indebtedness as <br>represents balance owing on purchase price of road equipment. (3) The property in any territory stricken off from a subdivision road district by the incorporation of or annexation by a city of this Commonwealth shall not be relieved <br>of liability of such taxes as may be necessary to pay its proportionate share of the <br>indebtedness incurred while such territory was a part of that district. (4) Territories stricken by action of the county judge/executive under the provisions of subsection (1) of this section shall be relieved of liability for all indebtedness <br>incurred by the subdivision road district. Effective: July 15, 1982 <br>History: Created 1982 Ky. Acts ch. 330, sec. 3, effective July 15, 1982. <br>Legislative Research Commission Note. A reference in subsection (1) of this section was changed to KRS 65.182 by the Reviser of Statutes pursuant to KRS 7.136. The <br>publication and notice referred to in this sentence were deleted from KRS 179.705 by <br>1984 Ky. Acts ch. 100, sec. 15. KRS 65.182 contains the current applicable <br>provision, but requires publication only.