Kentucky Statutes 268.580 – Owner to pay for damage to improvement caused by him — No person to obstruct improvement
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(1) If repairs to any improvement become necessary by reason of the act or negligence of any owner or his servant, agent, or stock, by which the improvement is obstructed, any repairs necessary to restore it to its previous condition shall be made by the owner at his own expense. Upon his failure to make the repairs within thirty (30) days after being notified by the board, he shall be deemed guilty of a misdemeanor.
(2) The board may have the obstruction removed, paying the cost out of funds collected from any district for which it is an outlet or of which it is a part, and if there is more than one the expense shall be prorated between them. All amounts so paid with interest at the rate of six percent (6%) per annum shall be charged to the owner in fault, and may be recovered by the board in any court of competent jurisdiction, and shall constitute a lien upon the land of such owner. When any such amount is recovered it shall be returned to the fund from which it was paid.
(3) No person shall damage or in any way obstruct any drain, levee or other improvement, or place any flood gate, bridge or fence across it without consent of the board, by order entered upon its record, in which shall be specified the kind of flood gate, bridge or fence, and it shall be erected in accordance with the order.
(4) The board shall enforce the provisions of this section.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 2380b-53.
(2) The board may have the obstruction removed, paying the cost out of funds collected from any district for which it is an outlet or of which it is a part, and if there is more than one the expense shall be prorated between them. All amounts so paid with interest at the rate of six percent (6%) per annum shall be charged to the owner in fault, and may be recovered by the board in any court of competent jurisdiction, and shall constitute a lien upon the land of such owner. When any such amount is recovered it shall be returned to the fund from which it was paid.
Terms Used In Kentucky Statutes 268.580
- 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
- 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.
- Owner: means any person owning a freehold estate in any property in the district or affected by it according to the report of the board of viewers, and shall not include trustees or mortgagees. See Kentucky Statutes 268.010
(3) No person shall damage or in any way obstruct any drain, levee or other improvement, or place any flood gate, bridge or fence across it without consent of the board, by order entered upon its record, in which shall be specified the kind of flood gate, bridge or fence, and it shall be erected in accordance with the order.
(4) The board shall enforce the provisions of this section.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 2380b-53.