Kentucky Statutes 107.160 – Assessment to constitute lien on benefited property — Precedence
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Each annual improvement assessment, including an initial levy payable on a lump-sum or cash basis, with any penalty or interest incident to the nonpayment thereof, shall constitute a lien upon the lot or parcel of benefited property against which it is assessed. The lien shall attach to each lot or parcel of benefited property as the same is described by the owner‘s deed of record in the county clerk’s office at the time of the publication of the first ordinance, as herein provided, and thereupon shall take precedence over all other liens, whether created prior to or subsequent to the publication of said ordinance, except state and county taxes, general municipal taxes, and prior improvement taxes and shall not be defeated or postponed by any private or judicial sale, by any mortgage, or by any error or mistake in the description of the property or in the names of the owners. No error in the proceedings of the governing body shall exempt any benefited property from the lien for the improvement assessment, or from the payment thereof, or from the penalties or interest thereon, as herein provided. No error in the proceedings of the governing body shall exempt any property from liability for payment of any annual improvement assessment, or for any interest or penalty incident to nonpayment thereof. The city‘s governing body, or any court of competent jurisdiction, shall have power to make such rules and orders as may be required to do justice to all parties.
Effective: June 17, 1978
History: Amended 1978 Ky. Acts ch. 384, sec. 237, effective June 17, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 22. — Created 1956 Ky. Acts ch. 239, sec. 16, effective February 29, 1956.
Effective: June 17, 1978
Terms Used In Kentucky Statutes 107.160
- City: includes town. See Kentucky Statutes 446.010
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- ordinance: means and includes any ordinance enacted in accordance with the general laws applicable to ordinances of the class of city in question, and the form of government thereof, and in accordance with the provisions of this chapter. See Kentucky Statutes 107.020
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
History: Amended 1978 Ky. Acts ch. 384, sec. 237, effective June 17, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 13, sec. 22. — Created 1956 Ky. Acts ch. 239, sec. 16, effective February 29, 1956.