In the event that a property owner fails or refuses to pay his assessment in cash within thirty (30) days or to pay one-tenth (1/10) of his assessment in cash within thirty (30) days and execute an agreement to pay the balance in nine (9) equal annual installments with interest, as aforesaid, or in the event that a property owner fails or refuses to pay any semiannual installment of interest or annual installment of principal due under such agreement when the same becomes due, then the board of directors shall, after making reasonable efforts to collect the same, direct its attorney to file a suit in equity to foreclose the lien of the road district against such delinquent property owner. In all actions to enforce liens, a copy of the resolution of the board of directors authorizing the work to be done and assessing the lien against the property owners, attested by the secretary of said board, shall be filed with the petition and shall constitute prima facie evidence of all facts necessary to be established by the plaintiff in such an action to entitle it to relief. In such actions, the court shall provide in its order confirming any report of sale that any defendant or defendants or anyone claiming through him or them may, within two (2) years from the date of the order confirming a report of sale, redeem the property sold by paying to the purchaser the purchase price, with interest thereon from the day of sale at the rate of ten percent (10%) per annum to the date of payment; in the event that there be no redemption within the time allowed, the order of confirmation shall be final and a deed shall be executed to the purchaser or his assignee.
History: Created 1942 Ky. Acts ch. 65, sec. 22.