Kentucky Statutes 104.480 – Petition for district — Signature requirements
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(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 possession claiming as freeholders within the boundaries of the proposed flood control district. Each joint owner of property shall be counted as a separate 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 the county tax duplicate, which for all purposes of KRS § 104.450 to KRS § 104.680 shall be prima facie evidence of such ownership. The secretary shall further require evidence to determine the fact that all signatures on the petition are genuine, and a notification by ordinary mail sent to the respective addresses shown on the petition shall establish the genuineness of a signature if the petitioner so notified fails to report in writing within ten (10) days that he did not sign the petition. When authorized by ordinance, such a petition may be signed by a majority of the governing body of any municipality lying wholly or partly within the proposed district. When so signed by a majority of such governing body the petition shall fill all requirements of representation on the part of the freeholders of the municipality as they appear upon the assessment roll of the municipality, and individuals within the municipality shall not sign the petition.
Effective: July 15, 1982
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 agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.
(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 the county tax duplicate, which for all purposes of KRS § 104.450 to KRS § 104.680 shall be prima facie evidence of such ownership. The secretary shall further require evidence to determine the fact that all signatures on the petition are genuine, and a notification by ordinary mail sent to the respective addresses shown on the petition shall establish the genuineness of a signature if the petitioner so notified fails to report in writing within ten (10) days that he did not sign the petition. When authorized by ordinance, such a petition may be signed by a majority of the governing body of any municipality lying wholly or partly within the proposed district. When so signed by a majority of such governing body the petition shall fill all requirements of representation on the part of the freeholders of the municipality as they appear upon the assessment roll of the municipality, and individuals within the municipality shall not sign the petition.
Terms Used In Kentucky Statutes 104.480
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
Effective: July 15, 1982
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 agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.