Kentucky Statutes 268.560 – Natural drain into which public drain empties to be under board — Removal of obstructions in public drain
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(1) Whenever any public drain, established and constructed under this chapter or under any statute in force prior to June 18, 1918, empties into a natural drain, the natural drain, from the mouth of the public drain to the mouth of the natural drain, shall become to all intents and purposes a public drain, and subject to the supervision and control of the board.
(2) Whenever any obstruction exists in any natural drain which is an outlet for any public drain, as provided in subsection (1) of this section, and the removal of the obstruction is necessary, in the opinion of the board, for the successful operation of the public drain, the board may remove the obstruction, paying the cost out of funds collected from any district for which it is an outlet. If there is more than one (1), the expenses shall be prorated between them as the board considers equitable.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 2380b-58, 2380b-59.
(2) Whenever any obstruction exists in any natural drain which is an outlet for any public drain, as provided in subsection (1) of this section, and the removal of the obstruction is necessary, in the opinion of the board, for the successful operation of the public drain, the board may remove the obstruction, paying the cost out of funds collected from any district for which it is an outlet. If there is more than one (1), the expenses shall be prorated between them as the board considers equitable.
Terms Used In Kentucky Statutes 268.560
- Board: means the board of drainage commissioners of the district. See Kentucky Statutes 268.010
- Drain: includes any ditch, canal, sewer, channel, watercourse, conduit, stream, creek, river, pond, lake, bayou, sluice, or excavation used for the drainage or reclamation of wet or swampy land. See Kentucky Statutes 268.010
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Statute: A law passed by a legislature.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 2380b-58, 2380b-59.