Kentucky Statutes 76.175 – Annexation by district of unincorporated area or city or part of city with population of less than 3,000 located in county containing consolidated local government — Procedure — Appeals
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The board of the district may annex any unincorporated area in the county, or any area of the county containing all or any part of a city with a population of less than three thousand (3,000) based upon the most recent federal decennial census located within a county containing a consolidated local government, whether contiguous or noncontiguous, to the district by making a preliminary order describing the area to be annexed and causing said order to be published pursuant to KRS Chapter 424. The notice so published shall state that objections in writing to the proposed annexation may be filed with the district within thirty (30) days of the date of said notice. The district shall examine and hear all such complaints. It may modify or amend the areas proposed to be annexed; and it shall make a final order, within sixty (60) days of the date of publication of said notice, describing the area or areas to be annexed and shall cause the same to be published pursuant to KRS Chapter 424. Within sixty (60) days after final publication of an order made pursuant to this section, any freeholder of land within the area or areas proposed to be annexed may appeal such final order to the Circuit Court for the county in which the district is located. All matters appealed shall be tried as an equitable action. Decisions of the Circuit Court may be appealed to the Court of Appeals.
Effective: January 1, 2015
History: Amended 2014 Ky. Acts ch. 92, sec. 53, effective January 1, 2015. — Amended 1976 Ky. Acts ch. 62, sec. 79. — Created 1968 Ky. Acts ch. 156, sec. 5.
Effective: January 1, 2015
Terms Used In Kentucky Statutes 76.175
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- City: includes town. See Kentucky Statutes 446.010
- 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
- Federal: refers to the United States. 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 2014 Ky. Acts ch. 92, sec. 53, effective January 1, 2015. — Amended 1976 Ky. Acts ch. 62, sec. 79. — Created 1968 Ky. Acts ch. 156, sec. 5.